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Articles by Matthew Nigriny
What the Patent Eligibility Restoration Act Means For You
PERA stands for the Patent Eligibility Restoration Act. It was originally introduced in the US Senate in 2023 as S.2140 by Senators Thom Tillis and Chris Coons, but never made it out of committee by the May 2024 cutoff and, therefore, was not voted on by the Senate. However, PERA was reintroduced in 2025 for the 119th Congress. The purpose of PERA is to address subject matter eligibility uncertainty caused in the wake of Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014).
AI and Emerging Technologies - 2023 Year in Review
2023 YEAR IN REVIEW AI and Emerging Technologies CONTRACTING AND VENDOR MANAGEMENT Evolving AI Vendor Perspectives on Risk Allocation, Indemnification, and Limitations of Liability 2023 brought widespread adoption of generative AI technologies by technology vendors and their customers. As customers scrambled to draft and adopt policies governing their use of generative AI, technology vendors raced (and, in some cases, stumbled) to develop contractual mechanisms to govern such usage.
Policing Your Brand On Online Marketplaces: A Brief IP Overview For Retailers
A longer version of this blog post originally appeared as an article in Retail TouchPoints: Policing Your Brand on Online Marketplaces: an Intellectual Property Guide for Retailers. Further duplication is not permitted. Retailers often face brand policing challenges on online resale platforms such as Wayfair, Overstock.com, and eBay. Resellers account for a significant portion of retail sales on these websites.
Pitfalls Of Attorney AI Use In Brief Prep Has Judges On Alert
By Matthew Nigriny and John Gary Maynard (July 25, 2023, 1:06 PM EDT) -- Generative artificial intelligence - which has recently emerged as a powerful tool on many fronts - has made quite the splash since the beginning of the year.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Retailers: What Anticounterfeiting and Antipiracy Strategies Work for You? The PTO Wants to Know
Counterfeit goods continue to become increasingly ubiquitous, presenting a host of issues for both retailers and consumers. In addition to a variety of legal consequences and the sometimes massive effect on companies’ bottom lines, counterfeit and pirated goods are often accompanied by risks to public health and safety and even national security.
Retailers: What Anticounterfeiting and Antipiracy Strategies Work for You? The PTO Wants to Know
Counterfeit goods continue to become increasingly ubiquitous, presenting a host of issues for both retailers and consumers. In addition to a variety of legal consequences and the sometimes massive effect on companies’ bottom lines, counterfeit and pirated goods are often accompanied by risks to public health and safety and even national security.
Can an AI Be an Inventor? In the US, the Answer Remains No
With the recent launch of ChatGPT, artificial intelligence (AI) has been a hot topic in the news. In addition to ChatGPT being a novel and unique tool that may be used in a variety of ways, it creates novel and unique intellectual property issues and concerns. ChatGPT represents a major improvement in our collective ability to access, process, and convey information. In the past, to answer a question, we would need to perform either simple or extensive research.
Policing Your Brand on Online Marketplaces: an Intellectual Property Guide for Retailers
Given the rapid growth of online retail over the past few years, brand owners have become increasingly vigilant about the distribution of their products, in many instances by third-party resellers, on these online platforms. This article offers a quick review of common brand policing challenges that brand owners face on online platforms. Then, we discuss solutions based on trademark and copyright laws for addressing these issues.
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