- Keys to Eligibility: Preemption, History, and Levels of Abstractionby Dennis Crouch on May 25, 2022 at 1:58 am
by Dennis Crouch The US Solicitor General has provided her input–arguing that the Supreme Court should grant American Axle’s petition and decide whether the claimed method of manufacturing a […]
- Patent Case Management Goes Cross-Institutional and Globalby Dennis Crouch on May 23, 2022 at 12:52 pm
Guest post by Peter S. Menell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School […]
- An Idea Doesn’t Have to be Novel to be Stolen (In California)by Scott Hervey and Josh H. Escovedo on May 20, 2022 at 9:39 pm
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. Watch […]
- Three Topics: Construing AND as OR; Preserving O2Micro demand; Denying interestby Dennis Crouch on May 20, 2022 at 5:01 pm
by Dennis Crouch Michael Kaufman v. Microsoft Corp. (Fed. Cir. 2022) Kaufman’s US7885981 has a 2000 priority date and claims a method of automatically creating a database front-end for user […]
- NetChoice v. Paxton: Briefs are in.by Dennis Crouch on May 20, 2022 at 1:20 am
NetChoice, LLC v. Ken Paxton, Attorney General of Texas, 21A720 (Supreme Court 2022) I previously wrote about the Texas Social Media Censorship Law known as HB20. A portion of the case is pending […]
- Trade Mark Infringement – Muslim Dating App Meets its Match [.com]by Connor Sargeant on May 19, 2022 at 10:22 pm
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 […]
- The Inventive Entity and Prior Publication by Anotherby Dennis Crouch on May 19, 2022 at 5:18 pm
by Dennis Crouch Here is the setup in the Federal Circuit’s recent decision in Google LLC v. IPA Techs. Inc. (Fed. Cir. 2022): March 23, 1998. Cheyer, Martin, and Moran co-author academic paper […]
- Choreographer Challenges Fortnite’s Use of His Copyrighted Dance Movesby Jessica R. Corpuz on May 19, 2022 at 5:00 pm
A recent case filed by famous choreographer Kyle Hanagami is set to test the boundaries of copyright law in video games and on social media. Mr. Hanagami is a popular choreographer with a large […]
- Means Plus Function; Nonce Words; and En Banc Petitionsby Dennis Crouch on May 18, 2022 at 4:23 pm
by Dennis Crouch Back in March 2022, I wrote an essay on the spectrum of structural and functional claiming, particularly commenting on the Federal Circuit’s decisions in Dyfan, LLC v. Target […]
- Through the Fire? Not Anymore – European Court of Justice strengthens Rights of Patent Owners in Germanyby Dr. Sandra Mueller on May 17, 2022 at 8:14 pm
For many years, German courts would, in principle, only grant a preliminary injunction in a patent case, if the patent in suit had “gone through the fire” in the sense of having survived an […]
- HB20: Social Media Censorship and the Supreme Courtby Dennis Crouch on May 17, 2022 at 5:57 pm
by Dennis Crouch Texas HB20 treats social media platforms as common carriers, especially those with very large number of users and market dominance. For its purposes, the law focuses on platforms […]
- Supreme Court on Patent Law May 2022by Dennis Crouch on May 16, 2022 at 7:16 pm
by Dennis Crouch The Supreme Court has denied certiorari in the pending case of PersonalWeb Techs. v. Patreon. The case questioned the unique patent-law preclusion doctrine known as the “Kessler […]
- Patent PTAB Precedent 1998-2021by Dennis Crouch on May 16, 2022 at 1:39 pm
Continue reading Patent PTAB Precedent 1998-2021 at Patently-O.
- Hyatt back to the Supreme Court: Special APA Procedures for the Patent Office?by Dennis Crouch on May 13, 2022 at 8:55 pm
by Dennis Crouch Hyatt v. USPTO (Supreme Court 2022) Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now […]
- Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loserby Scott Hervey and Josh H. Escovedo on May 13, 2022 at 8:48 pm
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO, over his portrayal in the Lakers docudrama “Winning Time”. […]
- Is Jerry West’s Potential Lawsuit Against HBO Over His Portrayal in the Lakers Docudrama “Winning Time” a Jump Ball?by Scott Hervey on May 12, 2022 at 5:00 pm
Last month, HBO released its new drama series Winning Time: The Rise of the Lakers Dynasty – based on the book Showtime: Magic, Kareem, Riley and the Los Angeles Lakers Dynasty of the 1980s by Jeff […]
- August Sander’s photographic archive in NFT copyright disputeby Andres Guadamuz on May 10, 2022 at 2:15 pm
You wait months for an NFT case, and then two drop in the matter of days. First an English court confirmed that tokens are property (more on that when I get my hands on the decision), and now there […]
- The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football Leagueby Scott Hervey and Josh H. Escovedo on May 6, 2022 at 9:33 pm
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between the original USFL and Fox, over the network’s attempt to revive the football […]
- Can Copyright Law Prevent Cheating on Exams?by Jo Dale Carothers on May 5, 2022 at 5:00 pm
The recent opportunities for remote work and learning have provided improvements in lifestyle for a number of employees and students. Many of those able to work or study from home have benefited from […]
- The Case of the Stolen Ampersand and the (Non)Protectability of Fontsby Scott Hervey and Josh H. Escovedo on April 29, 2022 at 9:07 pm
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer’s […]
- Whatever happened to our dream of decentralization?by Andres Guadamuz on April 29, 2022 at 3:05 pm
Elon Musk is buying Twitter for $44 billion USD. Surely. Certainly. Maybe. It’s complicated. Regardless, the news have exploded in tech and mainstream news, everyone has a take. Musk announced that […]
- The Continuing Battle Over LinkedIn Profiles and the Applicability of the Computer Fraud and Abuse Actby James Kachmar on April 28, 2022 at 5:00 pm
Over two and a half years ago, this column analyzed a Ninth Circuit case titled HiQ Labs, Inc. v. LinkedIn Corporation, in which the Court agreed with a lower court that had issued a preliminary […]
- WEBINAR: Trademark and Advertising Basics for Cannabis Companiesby Joshua Jarvis on April 25, 2022 at 5:38 pm
Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Companies should be […]
- SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LPby Scott Hervey and Josh H. Escovedo on April 22, 2022 at 7:02 pm
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. Watch this episode on the Weintraub […]
- Alice is Alive and Well!by Audrey A Millemann on April 21, 2022 at 5:00 pm
Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, […]
- End of the Five Star Burnt Lasagne?by Paul Jinks and Carlton Daniel on April 21, 2022 at 2:49 pm
The Competition and Markets Authority (CMA) published yesterday proposals to protect consumers from fake online reviews and to give full legal status to the CMA’s guidance published earlier this […]
- Art is Forever? How the Pandemic Spurred Transformations in Museum and Gallery Experiences and IP Considerationsby centerforartlaw on April 19, 2022 at 12:00 pm
By Kelsey Clifford Art is a consistent escape from reality. When COVID-19 emerged and infiltrated each of our daily lives, physical art became all but inaccessible. Until, that is, art became more […]
- Ballet Costumes and the Art of Copyrightby centerforartlaw on April 18, 2022 at 9:27 pm
By Cielomar Puccio The image of a ballerina is not complete if it is missing its tutu and pointe shoes. These two images have become icons of what a ballerina should wear to perform the lovely art we […]
- The Adversarial Nature of AIA Proceedings Isn’t Always Enoughby Frank Bernstein on April 11, 2022 at 12:34 pm
On March 24, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Hunting Titan, Inc. v. Dynaenergetics Europe GMBH, affirming — on a procedural technicality — a […]
- Will the real Metaverse please stand up?by Andres Guadamuz on April 6, 2022 at 8:40 pm
I am a big believer in the power of stories. In 1993, journalist Julian Dibbell wrote an article for the Village Voice entitled “A Rape in Cyperspace“, in which he described a series of […]
- Artist Feature Series: In Conversation with Steven J. Oscherwitzby centerforartlaw on April 5, 2022 at 7:00 pm
Steven Oscherwitz, Untitled (2010) “Artists cannot be artists without being thinkers. I am, if anything, a thinker first, then an artist.” Steven Oscherwitz, Statement of Intent for IDSVA (2021) […]
- Art Market Compliance As Seen From Switzerlandby centerforartlaw on April 5, 2022 at 4:57 pm
By Anna Brouver No News – Good news? There is nothing surprising about the fact that the art market gets more and more regulated. The call for “art market transparency” after decades (if not […]
- Regulator Advises UK Government on Possible Changes to Consumer and Competition Law to Support UK Green Goalsby Carlton Daniel, Francesco Liberatore and Dannielle Jones on April 4, 2022 at 6:06 pm
The Competition and Markets Authority (“CMA“) has published advice for the UK Government on changes that could be made to consumer and competition law to facilitate the UK achieving a “Net […]
- Brand Protection for Entertainment Rights Holders: The Ongoing Battle to Keep the Pirates at Bayby Carlton Daniel, Dillon Ravikumar and Jack Wood on March 29, 2022 at 3:05 pm
The UK’s IPEC court has granted various movie studios and Nintendo website blocking injunctions to prevent the infringement of their IP rights. The legal victories demonstrate the practical […]
- Hefty Civil Penalties: Another Reason Patent Owners Should Consider Patent Litigation at the ITCby Adam Hess and Alex Wolcott on March 24, 2022 at 9:24 pm
Powerful remedies, particularly General Exclusion Orders, are often cited as a reason why patent owners should consider asserting their patents at the U.S. International Trade Commission (ITC) under […]
- Ready or Not: Your Trademark Portfolio in the Metaverseby Kerry Lee and Dr. Sandra Mueller on March 23, 2022 at 4:52 pm
More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Whilst […]
- First Time Ever! China Adopts Fast-Track Examination for Trademark Applicationsby Paolo Beconcini and Elisa Li on March 21, 2022 at 6:04 pm
On January 14, 2022, the China National Intellectual Property Administration (CNIPA) issued the Measures for Fast-Track Examination of Trademark Registration Applications (for Trial Implementation), […]
- The Use of Blockchain in ESGby Danica Šebestová on March 21, 2022 at 12:48 pm
Environmental, Social, and Governance ESG, an acronym for Environmental, Social, and Governance, aims to establish an evaluation of companies’ social and environmental responsibilities. In so […]
- ABCs of NFTs, Art, and Lawby centerforartlaw on February 22, 2022 at 5:59 pm
By Louise Carron. The following is being reprinted with permission from: Entertainment, Arts and Sports Law Journal, 2021, Vol. 32 No. 2, published by the New York State Bar Association, One Elk […]
- NFTs could have a generative art copyright problemby Andres Guadamuz on February 19, 2022 at 10:52 am
Most of the writing about the legal issues surrounding NFTs has been rightly concentrated on two topics, what rights does the buyer acquire when purchasing a token, and the issue of copyright […]
- Artist Feature Series: Artist Profile – Martha Szaboby centerforartlaw on February 14, 2022 at 6:27 pm
Martha Szabo, Model, Art Students League, circa (1990) (top left); Martha Szabo, Model, Art Students League, (1991) (top right); Martha Szabo, Model, Art Students League, circa (1990) (bottom left); […]
- “The Rosa Parks of NAGPRA”by centerforartlaw on February 14, 2022 at 4:47 am
Used with permission, University of Iowa Office of the State Archaeologist By Alexis Redshaw In 1971, Maria Pearson (Running Moccasins) would learn shocking information from her husband, John […]
- WEBINAR: Top IP Cases in 2021 In-House Counsel Need to Knowby Foley Hoag on February 7, 2022 at 7:36 pm
Who said there’s no looking back? It is crucial to consider key takeaways from the most important IP cases from 2021 when planning for 2022. Foley Hoag presented a 60-minute webinar on Tuesday, […]
- Artist Feature Series: In Conversation with Miriam “Molly” Dougenisby centerforartlaw on January 26, 2022 at 4:41 pm
M. Dougenis, Poor Butterfly (1986)(Photo credit: https://sagharborexpress.com/) Miriam “Molly” Dougenis is an award-winning figurative artist who has been working in watercolor since the early […]
- Whoever controls the DAO, controls the book: The strange tale of Jodorowsky’s Duneby Andres Guadamuz on January 17, 2022 at 4:50 pm
Please gather around, and listen to this cautionary tale of schadenfreude and greed. This is not a tale for the faint of heart; it involves a cabal of crypto-enthusiasts involved in a decentralised […]
- Copyright Protection in Short-Lived Artworks: A Study on “Fixation” in Contemporary Floral Exhibitionsby centerforartlaw on January 17, 2022 at 2:11 pm
By Atreya Mathur Flowers have an impact on human happiness.[1] They tend to make things a little prettier or can even change the atmosphere to something more romantic. They cause excitement and they […]
- What will property look like in the Metaverse?by Andres Guadamuz on January 3, 2022 at 12:19 pm
Amongst many other things, writer Neal Stephenson is famous for having coined the term “Metaverse” in his 1992 cyberpunk novel “Snow Crash”, but he has also written a lot about virtual worlds […]
- The interface between NFTs and the public domainby Andres Guadamuz on December 21, 2021 at 1:24 pm
2021 has been the year of the NFT here at Llama Towers. It seems like there’s no shortage of stories coming out of the NFT scene, so to avoid having to rename the blog to “NFT Weekly News” I […]
- A Case of Forgeries at the Herbert Hooverby centerforartlaw on December 20, 2021 at 8:23 pm
Image taken of Sadigh Gallery courtesy of Manhattan District Attorney’s Office By Alexis Redshaw On Monday, April 8, 2019, less than a week before the new Rosetta Stone exhibit was due to open at […]
- Challenges and opportunities in the future of gamingby Andres Guadamuz on December 8, 2021 at 12:32 pm
Text of my presentation at the IGF panel Videogames and their Uniting Power. Thanks very much to the organisers for the kind invitation to join this panel, it is an honour. I have to start with a […]