Intellectual Property

By Dennis Crouch Cooperative Entertainment, Inc. v. Kollective Tech, Inc., — F.4th — (Fed. Cir. 2022) This pro-patentee eligibility decision offers some ideas for patentees seeking to help ensure […]

by David Hricik, Mercer Law School Judge Albright granted Google’s motion to transfer venue under 28 U.S.C. 1404(a) from the Western District of Texas to the Northern District of California in an […]

by Dennis Crouch It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court […]

Recent Headlines in the IP World: Heather Landi: Judge Rules Apple Watch Infringed AliveCor’s ECG Patent, Setting Up Potential U.S. Import Ban (Source: Fierce Healthcare) Blake Brittain: Apple […]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Paramount’s motion to dismiss a copyright infringement lawsuit relating to ‘Top Gun: Maverick.’ […]

You are likely familiar with the children’s game, Connect 4, in which players drop red and black checker pieces into an upright rack trying to get four of their pieces in a row to win. Some of you […]

by Dennis Crouch Today’s decision in Cap Export, LLC v. Zinus, Inc., 21-2159 (Fed. Cir. 2022) (non-precedential) offers some insight into the difficulty of proving an anticipation case with […]

by Dennis Crouch The Solicitor General’s new brief in Amgen v. Sanofi shrugs off the case–identifying petitioner’s arguments as meritless: Petitioners contend that the court of appeals erred by […]

by Dennis Crouch Novartis Pharms Corp. v. Accord Healthcare, Inc. (Fed. Cir. 2022) Without any fanfare or dissent, the Federal Circuit has denied the Novartis en banc petition.  The court used a […]

The USPTO’s fiscal year ends at the end of September, so this chart is slightly preemptive.  But, it shows that patent grants have fallen again this year by about 5.5% from 2021 and 11% below the […]

The chart above shows the number of disclaimed/dedicated patents per year going back to 1995.  Every year it has been a relatively small number, and for each instance there is usually some strategic […]

by Dennis Crouch The PTAB is the busiest patent court in the country.  The Board cancels lots of patent claims, but also regularly sides with patentees in the Final Written Decision (at least as to […]

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the IP dispute between the heirs of Evel Knievel and Disney, over claims of similarities […]

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In Mobile Equity Corp. v. Walmart Inc., 2-21-cv-00126 (EDTX Sep. 8, 2022) (Roy S. Payne), the Court found that the asserted claims were not directed towards an abstract idea and did not encompass […]

By Atreya Mathur “Poetry and art- it was a great interaction. That is something I will always value. One of the key parts of art, for me, is you create.. and then poetry puts it all together.” […]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark dispute between toy maker Mattel and Rap Snacks after the snack company launched […]

One of my favourite anime series of all time is the first season of Sword Art Online. It’s a story about your typical massive multiplayer online role-playing game (MMORPG), an earlier Metaverse to […]

In the last few years, the U.S. Copyright Office refused to allow a copyright registration for a work of art created by a machine, and a federal district court held that an artificial intelligence […]

Academia is often referred to as the ivory tower, the metaphorical space where people who think for a living exist, not preoccupied with the goings on of the people living below them; its inhabitants […]

By Kenza Tahri Since Boris Johnson’s 2019 inaugural speech citing freeports as a central component of the now-former prime minister’s post-Brexit economic revitalization policy[1], freeports have […]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an author’s copyright lawsuit against Fox and the producers of ‘Empire,’ alleging one of the […]

Hailey Bieber recently founded her own line of skincare products under the trade name Rhode, which is her middle name. Unfortunately, her latest venture was not warmly received by everyone. The […]

I’ve been catching up with the ongoing case of Yuga Labs v Ryder Ripps. This case involves conceptual artist Ryder Ripps, and Yuga Labs, the makers of the Bored Ape Yacht Club (BAYC) NFT […]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright infringement dispute between a sports psychologist and Miami Dolphins defensive back coach […]

In Lang Van, Inc. v. VNG Corporation (decided July 21, 2022), the Ninth Circuit addressed the issue of how to evaluate whether a U.S. District Court can exercise personal jurisdiction over a foreign […]

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. Since then, giant companies all over the world ― especially in the IT, entertainment and […]

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer […]

Within seven months[1] of the UK regulator, the Competition and Markets Authority (“CMA“), announcing its review of green claims in the fashion retail sector, it has opened an investigation into […]

Last month, in an important ruling for Internet service providers, and anonymous users alike, a new defense is taking shape to subpoenas issued pursuant to the “unmasking” provisions of the […]

As AI creative tools are becoming widespread, the question of copyright of AI creations has also taken centre-stage. But while copyright nerds obsess over the authorship question, the issue that is […]

By Ilaria Bortot The Parthenon was built in the 5th century on the hill of the Acropolis in Athens in honor of the goddess Athena Parthenos (Athena the Virgin). It was part of Pericles’ rebuilding […]

E-commerce platforms are full of Chinese traders selling foreign cosmetic products they purchased at a lower price outside China. These branded goods are sold without the trademark owner’s consent […]

The Metaverse trademark hype is on. Companies are increasingly focusing their attention on developing Metaverses, and big brands are entering the Metaverse through gaming, social networks and virtual […]

The conflict in Ukraine on 24 February prompted a number of European measures in many fields, including intellectual property. The Russian government responded by taking initiatives in this area as […]

There are few certain things in life. Death, taxes, the abuse/misuse of the trolley problem in AI. But one thing is also certain, digital assets are here to stay, and they will be a growing part of […]

By Poppy Kemp In April of 2022, Her Majesty’s Revenue and Customs (‘HMRC’) commenced fining Art Market Participants under the UK’s Art Anti-Money Laundering (‘AML’) regulations.[1] The […]

By: Blake Konkol In the modern era, art is increasingly viewed as an asset class. The growing trend of utilizing non-fungible goods for pecuniary benefit has been exemplified by the recent boom in […]

Artificial intelligence generated art is here to stay. In recent weeks OpenAI has given wider access to its AI graphics tool called DALL·E, and that has been followed by an explosion of imaginative, […]

In a potentially industry-changing ruling, Judge Gilliam of the Northern District of California ruled that amendments to click-wrap agreements, like Dropbox’s terms of use, are invalid unless the […]

Last year I was talking to a student who was writing her dissertation on cryptocurrency and blockchains. She was extremely bright and well informed about the legal issues, and she was also an […]

Image Caption: “Dondi 1979 (IRT express train)” by JJ & Special K is licensed under CC-BY-SA 2.0 By Tokunbo Fashanu and Julianne Schmidt. What kind of rights do artists have regarding works […]

Image Credits: © Vyacheslav Argenberg / http://www.vascoplanet.com/, Creative Commons 4.0 License By Alisa Grishin Cultural Heritage: An Introduction Since the advent of human existence, we have […]

Image Credits: The Baltimore Museum of Art (via Baltimore Heritage/Flickr) By: Nicholas Michael Alfred H. Barr Jr, Museum of Modern Art’s first ever director, analogized the modern museum’s […]

If you’ve spent any time online in the last few days you may have seen pictures from DALL·E, the AI tool by OpenAI that takes text prompts and converts them into pictures. While developers have […]

As reported in our previous article published in 2019, the Committees of Advertising Practice (CAP) have been focussing for some time on protecting children and young persons through their regulation […]

by Anissa Patel Overview Since 1993, Rue Saint-Honoré, après-midi, effet de pluie[1], an oil painting by the French impressionist master Camille Pissarro has been hanging at the Thyssen-Bornemisza […]

By Atreya Mathur The story of Robert Indiana’s Estate is a fascinating one: full of art, drama, lawsuits, LOVE,[1] and maybe HOPE[2]. One of the best known American Artists, Indiana, who became a […]

A recent Intellectual Property Enterprise Court Decision (IPEC) on 20 April 2022 has decided that ‘Muzmatch’, an online matchmaking service to the Muslim Community has infringed Match.com’s […]