Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the...more
3/19/2025
/ Algorithms ,
Appeals ,
Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyrightable Subject Matter ,
Intellectual Property Protection ,
Machine Learning ,
Technology Sector
On a busy Monday for copyright law that saw everything from the return of RBG to discursions about hot dogs at sporting events, the Supreme Court issued two unanimous opinions concerning requirements for filing copyright...more
3/8/2019
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the Supreme Court held on Tuesday that “private” or “confidential sales” are still prior art despite the amendments to U.S. patent law enacted by the America...more
1/24/2019
/ America Invents Act ,
Appeals ,
Assignment of Inventions ,
Confidentiality Agreements ,
Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc ,
Inventions ,
On-Sale Bar ,
Patent Applications ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Public Use ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Section 102 ,
Third-Party Relationships
The alcohol industry has seen a veritable explosion in trademark filings from craft and independent brewers, distillers and wineries. This upsurge means trademarks are coming into conflict more and more often in the...more
12/14/2018
/ Appeals ,
Beer ,
Beverage Manufacturers ,
Breweries ,
Bright-Line Rule ,
Distilleries ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Restaurant Industry ,
Retailers ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Wine & Alcohol ,
Wineries
Patent owners and employers: Pay attention to the words in assignment and employment agreements that transfer patent ownership to you. A recent Federal Circuit case once again emphasizes the need to use particular language to...more
1/25/2018
/ Appeals ,
Blackberry ,
Employee Inventors ,
Employment Contract ,
HTC ,
IP Assignment Agreements ,
Patent Infringement ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Technology Sector