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Articles by Suet Lee
Self-organized Regulation of Group Size and Number in Natural and Artificial Collectives
Abstract From animal societies to self-organizing multi-agent systems, collectives adapt their group structure to tasks and environments. However, how they determine appropriate group sizes and the number of subgroups to form remains unclear. We formulate the Group Size and Number Regulation Problem (GSNRP), which asks how individuals regulate group sizes and numbers using only local information.
Priority Through Assignment: Federal Circuit Validates Mid-Opposition Acquisition Of Common Law Trademark Rights
Reid Huefner’s articles from Irwin IP are most popular: within Intellectual Property topic(s) in United States with readers working within the Law Firm industries Irwin IP are most popular: within Intellectual Property and Criminal Law topic(s) On December 10, the Federal Circuit affirmed the Trademark Trial and Appeal Board ("TTAB")'s decision to cancel Game Plan, Inc. ("Game Plan")'s registered trademark and dismiss its opposition to Uninterrupted IP, LLC ("UNIP")'s pending applications.
Priority Through Assignment: Federal Circuit Validates Mid-Opposition Acquisition of Common Law Trademark Rights | JD Supra
Game Plan, Inc. v. Uninterrupted IP, LLC, No. 2024-1407, 2025 WL 3534330 (Fed. Cir. Dec. 10, 2025) On December 10, the Federal Circuit affirmed the Trademark Trial and Appeal Board (“TTAB”)’s decision to cancel Game Plan, Inc. (“Game Plan”)’s registered trademark and dismiss its opposition to Uninterrupted IP, LLC (“UNIP”)’s pending applications. The dispute centered on whether a party can acquire priority over a registered mark by purchasing common law trademark rights during an opposition proceeding.
Federal Circuit Vacates Statutory Damages Award, Reaffirms Copyright Owner's Right To Choose Form Of Relief
Irwin IP are most popular: within Intellectual Property topic(s) with Finance and Tax Executives with readers working within the Healthcare, Technology and Law Firm industries On October 30, 2025, the Seventh Circuit vacated and remanded a judgment in Dolls Kill, Inc. v. MengEryt, holding that the district court erred in awarding statutory damages when the plaintiff had sought disgorgement of the infringer's profits under 17 U.S.C. § 504(b).
Federal Circuit Vacates Statutory Damages Award, Reaffirms Copyright Owner’s Right to Choose Form of Relief | JD Supra
DOLLS KILL, INC., Plaintiff-Appellant, v. MENGERYT, Defendant-Appellee., No. 24-2841, 2025 WL 3033729 (7th Cir. Oct. 30, 2025) On October 30, 2025, the Seventh Circuit vacated and remanded a judgment in Dolls Kill, Inc. v. MengEryt, holding that the district court erred in awarding statutory damages when the plaintiff had sought disgorgement of the infringer’s profits under 17 U.S.C. § 504(b).
Masimo Suit Highlights Potentially Abusive CBP Power | JD Supra
U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1276; Certain Light-Based Physiological Measurement Devices and Components Thereof (Aug.
Whatever Will Be, Will Be: Sixth Circuit Approves Daughter’s Effort to Reclaim Copyrights Over Her Own Daughter’s Objection, But Concurrence Questions the Viability of Such Efforts | Irwin IP LLP - JDSupra
In 1984, acclaimed composer Jay Livingston assigned his interests in numerous musical compositions, including the classics “Silver Bells” and “Que Sera, Sera” to a publishing company called Jay Livingston Music (“JLM”). In 1985, Jay created a family trust, transferring to it his royalty rights flowing from the JLM transfer, making Travilyn (his daughter), Tammy (his granddaughter), and other family members beneficiaries.
CAFC Cleaves ‘Conception’ from ‘Reduction to Practice’: Conception Requires Neither Certainty Invention Will Work Nor Successful Experiment | JD Supra
Regents of the Univ. of California v. Broad Inst., Inc., No. 2022-1594, 2025 WL 1363125 (Fed. Cir. May 12, 2025) On May 12, 2025, the U.S. Court of Appeals for the Federal Circuit vacated the Patent Trial and Appeals Board’s (“PTAB”) conception ruling in favor of Broad Institute, MIT, and Harvard College (collectively “Broad”) and against the University of California, University of Vienna, and Emmanuelle Charpentier (collectively “Regents”).
Federal Circuit Lashes Out at the ITC’s Narrow Ruling Regarding the Domestic Industry Requirement | JD Supra
Lashify, Inc. v. Int’l Trade Comm’n, No. 23-1245, 2025 WL 699368 (Fed. Cir. Mar.
District Court in the Claim Construction Zone: Federal Circuit Permits at Rule 12 Stage | JD Supra
On October 18, 2024, the United States Court of Appeals for the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), ruling that a district court may engage in claim construction when determining a motion to dismiss. UTTO Inc. (“UTTO”) sued its competitor Metrotech Corp. (“Metrotech”), alleging patent infringement through the sale of its underground utility line locator device.
Internet Archive’s Free E-Book Lending Not Fair Use | JD Supra
The U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling that nonprofit digital library Internet Archive (“IA”)’s practice of scanning entire books and lending the e-books for free was not considered fair use under Section 107 of the Copyright Act, and thus, infringed the Plaintiffs-Appellees Hachette Book Group’s (“Hachette”) copyrights in 127 fiction and nonfiction books (the “Works”).
Is an Arrangement of Source Code Protectable? | JD Supra
On August 1, 2024, the Eleventh Circuit Court of Appeals issued a ruling that affirmed a trade secret claim, but reversed and remanded a copyright claim related to Plaintiff Compulife’s insurance quote comparison software.
DraftKings Wins Alice/Mayo Wager at Federal Circuit | JD Supra
On June 21, 2024, the Federal Circuit affirmed the District Court for the District of New Jersey’s dismissal of Beteiro, LLC’s (“Beteiro’s”) patent infringement case against DraftKings, Inc. (“DraftKings”) on the basis that Beteiro’s patents claimed unpatentable subject matter under 35 U.S.C. §101.
When Patents As Loan Collateral Can Cost You Standing
By Joseph Marinelli and Suet L. Lee (July 2, 2024, 3:46 PM EDT) -- In a May decision, the U.S. Court of Appeals for the Federal Circuit in Intellectual Tech LLC v. Zebra Technologies Corp. provided additional guidance on the complex issue of constitutional standing in patent cases.[1]... 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.
Will Third Party Servicers Lose Their Right to Repair Medical Devices Under the APA’s Judicial Review? | JD Supra
Med. Imaging & Tech. All. v. Libr. Of Cong., No. 23-5067, 2024 WL 2873107 (D.C. Cir. June 7, 2024) In October of 2021, pursuant to the triennial review process of the Digital Millennium Copyright Act (“DCMA”), the Library of Congress (the “Library”) promulgated rules exempting certain classes of copyrighted works, e.g., medical software in devices like CT scanners and MRI machines, from anti-circumvention provisions of the DCMA.
Who Really Owns Your Patent? You or Your Bank? | JD Supra
Intell. Tech LLC v. Zebra Techs. Corp., No. 2022-2207 (Fed. Cir. May 1, 2024) On May 1, the Federal Circuit reversed a district court’s dismissal of Intellectual Tech’s (“IT’s”) patent infringement claims against Zebra Technologies (“Zebra”) for lack of constitutional standing.
FTC’s Banning Noncompetes Means Considering Alternatives | JD Supra
KPM Analytics N. Am. Corp. v. Blue Sun Sci., LLC, No. CV 21-10572-MRG, 2024 WL 1558167 (D. Mass. Apr. 10, 2024) For employers, safeguarding trade secrets and requiring that employees sign non-disclosure agreements are now more crucial than ever.
The Forest: Towards Emergent Collaborative Art Through Human Swarming
Abstract The Forest is a modular system of pillars inviting an audience to create an emergent audio-visual landscape through collective interactions over time. The pillars are designed to invoke reaction from participants through function and visual aesthetic, and act as a mediator for human-human collaboration–whether direct or indirect–towards an evolving piece of art to be experienced as a whole.
Check Your Clauses, MasterCard Gets Caught by Lack of Continuation After Termination | JD Supra
ALEXSAM, INC., Plaintiff-Appellant v. MASTERCARD INTERNATIONAL INCORPORATED, Defendant-Appellee, No. 2022-2046, 2024 WL 825658 (Fed. Cir. Feb. 28, 2024) On February 28, 2024, in AlexSam, Inc. v. MasterCard International Incorporated, the Federal Circuit reversed the district court’s summary judgment in favor of MasterCard and remanded.
What the Shell? LLCs Improperly Used in Attempt to Hide Patent Monetization Firms and Shield Them from Liability | JD Supra
Nimitz Techs. LLC v. CNET Media, Inc., No. CV 21-1247, 2023 WL 8187441 (D. Del. Nov.
AERoS: Assurance of Emergent Behaviour in Autonomous Robotic Swarms
Abstract The behaviours of a swarm are not explicitly engineered. Instead, they are an emergent consequence of the interactions of individual agents with each other and their environment. This emergent functionality poses a challenge to safety assurance. The main contribution of this paper is a process for the safety assurance of emergent behaviour in autonomous robotic swarms called AERoS, following the guidance on the Assurance of Machine Learning for use in Autonomous Systems (AMLAS).
Simulations, real robots, and bloopers from the DOTS competition: Powering emergency food distribution using swarms
Simulations, real robots, and bloopers from the DOTS competition: Powering emergency food distribution using swarms Results from the DOTS competition were released yesterday, after an intense month with teams from around the world designing new algorithms for robot swarms tasked with delivering emergency food parcels.
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