- Deja Vu All Over Again: SCOTUS Asked Again to Revisit Patent Eligibilityby Dennis Crouch on July 26, 2024 at 7:39 pm
by Dennis Crouch Return Mail recently filed its petition for certiorari with the Supreme Court, seeking a broader scope of patent eligibility under 35 U.S.C. § 101. You may remember that Return […]
- Obtaining vs. Maintaining: How SoftView v. Apple Reshapes Patentee Estoppelby Dennis Crouch on July 26, 2024 at 7:20 pm
by Dennis Crouch This is our second discussion of collateral estoppel in as many days. Yesterday I wrote about Koss v. Bose, a case where the Federal Circuit concluded that a district court’s […]
- Clever Pleading Can’t Save Koss’s Patents from Issue Preclusion Invalidityby Dennis Crouch on July 25, 2024 at 9:41 pm
by Dennis Crouch Koss Corporation v. Bose Corporation, 22-2090 (Fed. Cir. July 19, 2024) In its final written decisions, the PTAB found a number of Koss patent claims invalid and Koss appealed to […]
- Patent Puzzles after the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretionby Dennis Crouch on July 24, 2024 at 1:47 pm
Guest post by Arti K. Rai, Elvin R. Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued […]
- The problem with academic publishingby Andres Guadamuz on July 24, 2024 at 8:34 am
My social media timeline has started filling up with angry reactions to the news that several academic publishers have been licensing academic works to AI companies for training purposes without […]
- Animated GUI Design Patentsby Dennis Crouch on July 23, 2024 at 11:55 am
For several years, the most controversial part of the design patent world was patenting of portions of a display screen. But, things have moved forward with a steady flow of animated portions of a […]
- The Shift Towards Primary Examiners: Implications for Patent Prosecutionby Dennis Crouch on July 22, 2024 at 1:53 pm
by Dennis Crouch In recent years, the United States Patent and Trademark Office (USPTO) has undergone a significant shift in its examiner composition, with real implications for patent prosecution […]
- Ejusdem Generis Goes to War in Reservist Pay Disputeby Dennis Crouch on July 21, 2024 at 1:52 pm
by Dennis Crouch Although not a patent case, Feliciano v. Department of Transportation merits attention as one of only two Federal Circuit cases granted certiorari for the October 2024 Supreme Court […]
- Alice Backs Anna: Federal Circuit Finds Miller Mendel’s Background Check Patent Abstractby Dennis Crouch on July 18, 2024 at 11:57 pm
By Dennis Crouch In Miller Mendel, Inc. v. City of Anna, Texas, No. 2022-1753 (Fed. Cir. July 18, 2024), the Federal Circuit affirmed a district court’s judgment on the pleadings that the asserted […]
- Expired Patent, Exploding Sanctions: A Costly Litigation Lesson for VDPP and its Attorneyby Dennis Crouch on July 17, 2024 at 7:29 pm
In a recent decision out of the Southern District of Texas, Judge Lee Rosenthal found the patent infringement case brought by VDPP against Volkswagen to qualify for sanctions under the Patent Act 35 […]
- USPTO Issues 2024 Guidance on Patent Eligibility for AI Inventionsby Dennis Crouch on July 17, 2024 at 1:12 pm
by Dennis Crouch Earlier this week I was reviewing some of the USPTO’s eligibility examples, noting that they were all quite old. As if on cue, the Office has released a new set of updated […]
- What can internet history teach us?by Andres Guadamuz on July 11, 2024 at 9:04 am
People involved in the Internet Regulation area have a recurring joke that the field is like being stuck in some form of digital Groundhog Day, in which we are re-living 1997 all over again. This is […]
- What’s the status of AI and copyright?by Andres Guadamuz on June 22, 2024 at 3:17 pm
It’s been an interesting couple of years here in Llama Towers. While AI has long been a subject of interest to this blog, it’s undeniable that the subject has exploded recently due to the growing […]
- The Scarlett Letter: Impersonation, publicity rights, and AI assistantsby Andres Guadamuz on May 30, 2024 at 3:11 pm
If you’re at all interested in artificial intelligence, and if you’re reading this I suspect that you may be, you will probably already be aware about the dispute between OpenAI and actress […]
- The rise and rise of the online content creation industryby Andres Guadamuz on May 19, 2024 at 11:57 am
Something interesting is happening in the creative industries. Granted, there is always something interesting happening, although it usually involves excessive displays of wealth, or the rivalry of […]
- Moonbirds and CC0: Problems with NFT licensing and the public domainby Andres Guadamuz on May 1, 2024 at 4:55 pm
It’s been a while since we talked about NFTs here at Llama Towers, this is mostly because not a lot has been happening, but it is also due to most of my attention being directed to artificial […]
- To delve or not to delve: AI detection made easy?by Andres Guadamuz on April 11, 2024 at 9:18 am
There’s growing controversy online about the use of the word “delve” as an easy detector of whether a text has been written by an AI. I have to admit that I’m personally sad to see the word […]
- The end of the online mob and the end of shared realityby Andres Guadamuz on April 6, 2024 at 10:37 am
I have to admit that I have always been a realist, yet, when it comes to technology, I tend to side with the enthusiastic optimists. For many years, I shared the illusion (and perhaps common […]