Tag Archives: patent

IPSC Closing Plenary Session: AI Everywhere All at Once

Posted on August 8, 2026 by rtushnet

Plagiarism or Transformation Machines? Evidence on Copyright, Economic Substitutes, and AI, Stefan Bechtold (with David Abrams & Christian Peukert) Prevalence rate: OpenAI v. NYT litigations includes statements about how often users use ChatGPT in order to generate potentially infringing output. … Continue reading →

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IPSC Breakout Session 5, IP, Politics & Identity

Posted on August 7, 2026 by rtushnet

Intellectual Property and Political Identity, Barbara Lauriat IP features some strange bedfellows, going back as early as we can find about patent & ©. Project: a book on Intellectual Property & Victorian Inquiry, examining Royal Commissions on Patent & Copyright. … Continue reading →

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IPSC Opening Plenary Session: IP Openness, Secrecy, and Enclosure

Posted on August 6, 2026 by rtushnet

Selective Exploitation, Kristelia García Justifications for deference to rightsholders in enforcement context are less persuasive than justifications for deference to rightsholders in exploitation decisions. These aren’t infringers—outside of ©’s standard infringement/remedies scope. Conduct at issue: shifting content from Peacock to … Continue reading →

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Santa Clara IP Conference: Where Do We Go From Here?

Posted on January 31, 2026 by rtushnet

Moderator: Edward Lee, Santa Clara Law BJ Ard (copyright), University of Wisconsin Law School © is often displaced by contract and other regimes in sectors—scaling it up or down would produce minimal impact. Consumer copying for example is often solved … Continue reading →

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Santa Clara IP conference: How It’s Going: What Went Wrong?

Posted on January 30, 2026 by rtushnet

Moderator: Zahr Said, Santa Clara Law Mark Lemley (patent), Stanford Law School After 40 years of radical change, things settled down for normalcy in the last 10 years until Trump. 1980-2017: we grant 350,000 a year up from 50,000; now … Continue reading →

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Santa Clara School of Law: Intellectual Property Conference: How It Started, How It’s Going: What Went Right?

Posted on January 30, 2026 by rtushnet

Moderator: Brian Love, Santa Clara Law Jeanne Fromer (trademark), New York University Law School Search and examination on relative grounds (Europe doesn’t do that)—has critiques but generally doing a decent job. Ironic b/c we think of US as “free market” … Continue reading →

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CFP: Yale/Harvard/Stanford Junior Faculty Forum, May 21-22

Posted on January 16, 2026 by rtushnet

 Please share widely!  Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum May 21-22, Yale Law School  Harvard, Stanford, and Yale Law Schools are soliciting submissions for the 2026 Harvard/Stanford/Yale Junior Faculty Forum, to be held at Yale Law School on May … Continue reading →

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bad Lanham Act claim, swept up with bad patent claim, triggers Rule 11 sanctions

Posted on October 30, 2025 by rtushnet

Raydiant Oximetry, Inc. v. ALC Medical Holdings LLC, — F.Supp.3d —-, 2025 WL 3022882, No. 25-cv-00392-VC (N.D. Cal. Oct. 29, 2025) Baseless patent and false advertising claims produce a big Rule 11 award. The patent stuff is eye-popping, and it’s … Continue reading →

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Conspicuous Consumers, NYU Engelberg Center

Posted on October 17, 2025 by rtushnet

Welcome and Keynote: Nancy Mahon, SVP, Global Corporate Citizenship & Sustainability, The Estée Lauder Companies Interesting talk; I learned that UK consumers respond well to claims that a product decreases the company’s carbon footprint, but US consumers aren’t interested in … Continue reading →

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IPSC: Closing plenary: DOGE; the First Amendment (me!); and the 50th anniversary of the Copyright Act

Posted on August 8, 2025 by rtushnet

David Schwartz (Northwestern Pritzker School of Law), Christopher Cotropia (The George Washington University Law School), DOGE Days at the USPTO? Evidence from a Natural Experiment in Administrative Reform PTO provides some employees w/union protections and others not. As soon as … Continue reading →

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