- Jepson Claimsby Dennis Crouch on November 30, 2023 at 12:33 pm
by Dennis Crouch The chart above presents the powerful trend in the use of Jepson claim language in US patents over the years. It shows a clear decline in the percentage of patents that include […]
- People Don’t Come to See the Tattoo, They Come to See the Showby Joseph Grasser on November 29, 2023 at 8:43 pm
In Cramer v. Netflix, Inc., 3:22-cv-131 (W.D. Pa. Sep. 18, 2023), the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King […]
- Jepson Formats and Means Limitations Under More Fireby Dennis Crouch on November 29, 2023 at 7:41 pm
by Dennis Crouch I have been following the pending Federal Circuit case of In re Xencor. It is a quirky case involving both a Means-Plus-Function Claim and a Jepson claim. In its decision, the […]
- Supreme Court on Patent Law: November 2023by Dennis Crouch on November 29, 2023 at 4:41 pm
by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB […]
- Seeing Clearly: Article III Standing of IPR Judicial Reviewby Jordan Duenckel on November 29, 2023 at 1:00 pm
Guest Post by Jordan Duenckel. Jordan is a third-year law student at the University of Missouri and a registered patent agent. He has an extensive background in chemistry, food science, and […]
- Tempus fugit: If only I had an Apple…by centerforartlaw on November 29, 2023 at 8:42 am
By Irina Tarsis Who does not like apples?! In November, Christie’s sold Paul Cézanne’s “Fruits et pot de gingembre,” just one of the paintings deaccessioned by the Swiss Museum Langmatt and […]
- A Question of First Impression: What Happens When the PTAB Fails to Meet the Statutory Deadline for Issuing a Final Written Decision?by Holman on November 28, 2023 at 10:15 pm
By Chris Holman Purdue Pharma L.P. v. Collegium Pharm., Inc., 2023 WL8043047 (Fed. Cir. Nov. 21, 2023) Section 326(a)(11) of Title 35 (the Patent Act) provides that the PTO “shall prescribe […]
- Sermon from the Bench: TTAB May Not “Altar” Course in Silenceby Dennis Crouch on November 28, 2023 at 4:45 pm
by Dennis Crouch Universal Life Church Monastery v. American Marriage Ministries (Fed. Cir. 2023) (non-precedential) The case involves Universal Life Church Monastery’s (ULC Monastery) trademark […]
- Where will the Parthenon Marbles Go?by Dea Sula on November 28, 2023 at 2:08 pm
By Dea Sula There has been a global trend of restitution and repatriation of cultural objects. Hundreds of items have been repatriated in 2023.[1] Countries are passing laws to make the process more […]
- Prior Art as of the Effective Filing Dateby Dennis Crouch on November 28, 2023 at 1:45 pm
by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional […]
- The Fate of Patent Term Adjustment: In re Cellect Seeks Rehearing on Double Patentingby Dennis Crouch on November 28, 2023 at 4:00 am
by Dennis Crouch In August 2023, the Federal Circuit decided an important case questioning how obviousness-type double patenting (OTDP) is impacted when the terms of two family-member patents that […]
- Guest Post: Judgment Preservation Insurance and the Federal Circuitby Jason Rantanen on November 27, 2023 at 6:27 pm
Guest post by Jonathan Stroud and Sam Korte. Mr. Stroud is the General Counsel of Unified Patents and Mr. Korte is Senior Principal Counsel – IP at Garmin. An exotic insurance product has […]
- The Terry House: Case Study about Donor Conditionsby centerforartlaw on November 27, 2023 at 3:26 pm
By RaeAnn Bell Donations are the lifeblood of many museum collections. Oftentimes, donors stipulate conditions restricting how a museum may use a gift. These restrictions might prevent the sale of an […]
- A Historical and Cultural View of Many Lives of Looting: A Conservation with Philippe de Montebelloby centerforartlaw on November 27, 2023 at 2:21 pm
By Barbie Kim Philip de Montebello is the Fiske Kimball Professor in the History and Culture of Museums at the Institute of Fine Arts, New York University. Author of multiple essays and books, […]
- The Briefing: Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?by Scott Hervey and Eric Caligiuri on November 22, 2023 at 7:40 pm
The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric […]
- The MPF Resurrection: Still Waiting for a Miracle?by Dennis Crouch on November 22, 2023 at 11:41 am
by Dennis Crouch I have been thinking about the potential rise in the use of means-plus-function (MPF) claims as a reaction to indefiniteness cases such as Williamson v. Citrix as well as pressure […]
- Can This Data Poisoning Tool Help Artists Protect Their Work from AI Scraping?by Patrick K. Lin on November 21, 2023 at 4:25 pm
By Patrick K. Lin Generative AI tools like DALL·E, Midjourney, and Stable Diffusion are dominating the cultural zeitgeist but have not received a warm reception from artists. AI companies extract […]
- Interview with Lawrence Kaye and Howard Spiegler about the State of Cultural Reparations Lawby centerforartlaw on November 21, 2023 at 12:23 pm
About Lawrence M. Kaye In his long and illustrious career, Larry Kaye has represented foreign governments, victims of the Holocaust, families of renowned artists, and other claimants in recovering […]
- Creative Commons and AI trainingby Andres Guadamuz on November 19, 2023 at 8:48 pm
While we’re in the middle of a Golden Age for the discussion of copyright and artificial intelligence, one topic that may not have received as much attention as it warrants is the interaction […]
- The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutionalby Scott Hervey and Eric Caligiuri on November 17, 2023 at 9:11 pm
The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s […]
- Proactive Strategies in IPRs after Allgenesisby Frank Bernstein on November 15, 2023 at 3:06 pm
A recent Federal Circuit decision, Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, provides some interesting insights into patent challenge strategies, and their consequences, when a […]
- Celestial Art Law: An Exploration of the Artistic Landscape and Laws Governing Art in Spaceby centerforartlaw on November 15, 2023 at 9:14 am
The legal landscape of art law in space is avantguard and currently neither addresses the rights of artists nor protects cultural heritage sufficiently. With all that is going on on Earth, we are […]
- Wandering Horses: Legal issues surrounding the exportation of Chinese antiquitiesby centerforartlaw on November 13, 2023 at 9:56 pm
By Yihao Ding The Two Steeds of Zhao Mausoleum, two stone horse reliefs now in the Asian collection of the Penn Museum, were made during the early Tang dynasty, between 636 and 649.[1] Along with […]
- Rising Temperatures, Rising Premiums: Climate Change Litigation and Fine Art Insuranceby centerforartlaw on November 13, 2023 at 1:05 pm
By Kouros Sadeghi-Nejad Introduction As the global climate crisis intensifies, an unlikely industry is bracing for an unpredictable storm of its own: the fine art market. The industry faces […]
- Contested Images: Copyright Law and the Use of Visual Art in Music Videosby centerforartlaw on November 12, 2023 at 10:35 am
By Jiasi Liu Introduction In March 2019, Ariana Grande settled a lawsuit for her “God is a Woman” music video. The suit was filed by the artist Vladimir Kush, who alleged that the video featured […]
- The Briefing: AI Training and Copyright Infringement: Lessons from the Ross Intelligence Caseby Scott Hervey and Tara Sattler on November 9, 2023 at 10:36 pm
Thomson Reuters sued Ross Intelligence for using its content to train its AI technology. Scott Hervey and Tara Sattler talk about this copyright dispute on this installment of The Briefing. […]
- Alleged Co-Inventor Not Bringing Home the Bacon This Timeby Jo Dale Carothers on November 9, 2023 at 6:00 pm
Many of us have said, “Bacon makes everything better.” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all […]
- The Briefing: Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflixby Scott Hervey and Tara Sattler on November 3, 2023 at 7:34 pm
A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler discuss this case on this episode of The […]
- Federal Circuit Rules That Mark Cannot Be Cancelled Due To Fraudulent Incontestability Declarationsby Nicholas Zalany on November 2, 2023 at 6:16 pm
The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going […]
- G7 Endorse Voluntary Code of Conduct for Advanced AI Systems prior to UK Globalby Paul Jinks on October 31, 2023 at 10:10 pm
2023 has been the year that governments, regulators and international organisations have all sought to get to grips with the challenges of regulating AI including the publication in April of the UK […]
- UK Online Safety Act Becomes Lawby Paul Jinks on October 31, 2023 at 1:52 pm
The often-controversial UK Online Safety Act (the OSA) has finally become law after receiving Royal Assent yesterday, heralding the end of the era of largely self-regulation for user generated […]
- The Briefing: Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?by Scott Hervey and Tara Sattler on October 27, 2023 at 8:26 pm
Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott […]
- How Do You Like Them Apple (Trademarks)? Malus Musings on Brand Protectionby Joshua Jarvis on October 26, 2023 at 5:59 pm
With “spooky season” dominating October holiday talk, it’s easy to forget poor old National Apple Day or simply Apple Day, which took place last Saturday and is observed every October 21. […]
- IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Lawby James Kachmar on October 26, 2023 at 5:00 pm
The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal […]
- Large language models and copyright, what next?by Andres Guadamuz on October 22, 2023 at 11:28 pm
A few weeks ago, The Atlantic published an article titled “These 183,000 Books Are Fueling the Biggest Fight in Publishing and Tech“. This article discussed a dataset used to train some large […]
- The Briefing: When Parmesan isn’t Parmesan – Cheese Consortium Attempts to Fight Off Counterfeit Cheeseby Scott Hervey and Jamie Lincenberg on October 20, 2023 at 10:03 pm
The Parmigiano Reggiano Consortium claims that Italy’s renowned Parmigiano Reggiano cheese is one of the most counterfeited cheeses in the world. Scott Hervey and Jamie Lincenberg discuss how […]
- The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goodsby Scott Hervey and Jamie Lincenberg on October 13, 2023 at 8:27 pm
Amazon is suing two social media influencers for promoting the sale of counterfeit luxury goods on the platform. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The […]
- Federal Circuit Continues to Strike Down Patents as Abstract Ideasby Audrey A Millemann on October 12, 2023 at 5:21 pm
The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. […]
- Federal Policymakers: Chasing the Runaway AI Trainby David Elkins and Stacy Swanson on October 12, 2023 at 4:06 pm
The U.S. is generally viewed as “behind” in its regulation of AI compared to the European Union and Asian countries. Yet ChatGPT’s release triggered a tsunami of U.S. legislation in 2023 from […]
- Asking whether AI outputs are art is asking the wrong questionby Andres Guadamuz on October 10, 2023 at 5:31 pm
Over the past year, a heated debate has surfaced regarding the use of generative AI, specifically concerning whether AI-generated images should be categorised as art. This discourse has grown quite […]
- It’s time to leave Twitterby Andres Guadamuz on October 7, 2023 at 10:03 am
At the start of the year, I wrote a blog post, committing me to remain on Twitter. This decision stemmed from an exodus of users following Elon Musk’s takeover of the platform, where, within weeks, […]
- Did the Supreme Court Rule that the Copyright Act Bars Damages for Old Infringement – Or Was It Just Sloppy Drafting? by Joe Meckes on October 4, 2023 at 7:05 pm
It seems the Supreme Court will decide (again) whether a claim for copyright infringement can extend to infringement that occurred more than three years before filing suit. In Warner Chappell Music, […]
- The Year of AI Continues: U.S. Copyright Office Wants Your Thoughts on the Potential Regulatory Framework for AIby Nicholas Zalany on September 25, 2023 at 7:56 pm
2023 has been a watershed year for AI with its entry into the broader public consciousness. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the […]
- French lawmakers propose new copyright law about generative AIby Andres Guadamuz on September 24, 2023 at 10:21 pm
On September 12, several French lawmakers from the Assemblée nationale presented a law proposal to the Presidency which has the objective of reform some norms in existing copyright law (text of the […]
- Can Bill Willingham release ‘Fables’ into the public domain?by Andres Guadamuz on September 15, 2023 at 9:29 pm
Fables is a popular comic book series written by Bill Willingham that follows characters from fairy tales who have formed a clandestine community in New York. Willingham is the sole writer of the […]
- SPB’s Paolo Beconcini to Speak at Let’s Take Stock: The Evolution of Counterfeiting in Asia and the Importance of Intelligence and…by Tamara Fraizer and Joseph Grasser on September 7, 2023 at 2:30 pm
Our colleague and leader of the firm’s China Intellectual Property team Paolo Beconcini will be speaking at the upcoming INDICAM event Let’s Take Stock: The Evolution of Counterfeiting In Asia […]
- Will we ever be able to detect AI usage?by Andres Guadamuz on September 6, 2023 at 4:27 pm
Rachael: Do you mind if I smoke? Deckard: It won’t affect the test. All right, I’m going to ask you a series of questions. Just relax and answer them as simply as you can. — It’s your […]
- Proposed Amendments to FRCP 26 Should Streamline Discoveryby David Elkins and Andrew Yu-Chih on August 31, 2023 at 7:26 pm
On August 15, 2023, the Committee published proposed amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure (“Rules”). The amendments are designed to require that parties address […]
- Authors sue OpenAI for copyright infringementby Andres Guadamuz on July 8, 2023 at 8:19 pm
Two authors have filed a lawsuit against OpenAI for claims related to the development, use, and training of ChatGPT, these being direct copyright infringement, vicarious infringement, copyright […]
- WEBINAR: The Metaverse and Beyond: 10 Trademark & Copyright Tips for Consumer Products Companiesby Joshua Jarvis on April 4, 2023 at 1:53 pm
How do companies develop, protect, and enforce their brands and content across the ever-growing landscapes of Web 3.0? Lawyers from Foley Hoag’s Trademark, Copyright & Unfair Competition […]