Three years ago, the United States Supreme Court decided Matal v. Tam, which involved a facial challenge to 15 U.S.C. §1052(a), the disparagement clause of the Lanham Act.1 The lead singer of a musical group consisting of Asian Americans sought a trademark for their group's name, "The Slants."2 The term is a derogatory reference to people of Asian descent, and the group's goal in choosing the name was "reclaim[ing]" and "tak[ing] ownership" of the stereotype.3 The trademark application [...]

Kramer Levin Naftalis & Frankel LLP attorneys discuss the direction of biosimilar litigation from recent federal court rulings. They also look at trends in patent litigation and what to expect in 2021 and beyond. The Biologics Price Competition and Innovation Act (BPCIA) turned 10 this year, making it a good time to look at recent litigation trends and assess what's ahead for 2021. U.S. biosimilar litigation continues to take shape, although most cases have resolved without [...]

The number of patent applications using artificial intelligence (AI) technology filed in the U.S. doubled between 2002 and 2018. With no sign of these numbers decreasing and every expectation that they will continue to grow, the US Patent and Trademark Office (USPTO) has undertaken several initiatives to explore the boundaries of existing IP law and its suitability to address AI-based innovation. The USPTO has twice issued requests for comments (RFCs) to obtain feedback from [...]