Category Archives: Blog

Good Faith Doctrine and NFTs – How a Bored Ape NFT Dilemma May Present Unique Copyright and Contract Issues

Can something called a “Bored Ape” be embodied in a non-fungible token (NFT) and be associated with smart contracts? How could this present unique and challenging issues regarding copyright law? Over the course of the last two months, the general public has tracked what started out as a phishing scam involving actor Seth Green’s NFT…

Microsoft Exchange servers worldwide hit by stealthy new backdoor

Enlarge (credit: Getty Images) Researchers have identified stealthy new malware that threat actors have been using for the past 15 months to backdoor Microsoft Exchange servers after they have been hacked. Dubbed SessionManager, the malicious software poses as a legitimate module for Internet Information Services (IIS), the web server installed by default on Exchange servers….

Clark+Elbing LLP is Seeking a Technology Specialist

Clark+Elbing LLP is seeking scientists in either chemistry or biology fields for the full-time position of Technology Specialist. Clark+Elbing principally builds its professional staff by hiring strong Ph.D. scientists as Technology Specialists, who are trained, encouraged to pass the patent bar, and supported through law school. Clark+Elbing offers flexible working conditions including on-site in Boston,…

Billing fraud apps can disable Android Wi-Fi and intercept text messages

Enlarge (credit: Aurich Lawson) Android malware developers are stepping up their billing fraud game with apps that disable Wi-Fi connections, surreptitiously subscribe users to pricey wireless services, and intercept text messages, all in a bid to collect hefty fees from unsuspecting users, Microsoft said on Friday. This threat class has been a fact of life…

IP Practice Vlogs: Practical Exercise – Let’s Design Patent the AirPods!

In the latest episode of IP Practice Vlogs, we will explore design patents, which protect the ornamental features of a functional item. Apple’s AirPods are functional but have a distinctive look that is identifying of its brand and maker, making them a great subject. The first thing you do when patenting anything, including a design,…

The Way FRAND Concepts are Applied in Other Sectors Illustrates the U.S. Government’s Orwellian View of Patent Rights

A while back, we set up an email alert to advise us of any legal developments involving fair, reasonable and non-discriminatory (FRAND) licensing. Somewhat to our surprise, the notion of requiring FRAND terms and conditions for obtaining access to the otherwise exclusive property rights of others is not limited to patents essential to industry standards….

Will Dobbs Cure the Plague of Patent Eligibility Nonsense?

For anyone surprised about the Supreme Court refusing certiorari in the America Axle v. Neapco case after the Department of Justice (DOJ) (aided by the Solicitor’s Office of the U.S. Patent and Trademark Office [USPTO]) submitted its brief for the Supreme Court’s review, the question arises: why would anyone be surprised? The brief at issue…

USPTO Will Ramp Up Identity Verification Rules for Trademark Filers Starting in August

Starting August 6, 2022, the U.S. Patent and Trademark Office (USPTO) will require all trademark filers to verify their identities in order to file electronic trademark forms. The move comes as an attempt to stop trademark scam entities and was announced in a blog post penned by USPTO Director Kathi Vidal and Commissioner for Trademarks…