- Without Undue Experimentation vs Without Any Experimentsby Dennis Crouch on April 26, 2024 at 7:41 pm
by Dennis Crouch I was rereading the Supreme Court’s recent enablement decision of Amgen Inc. v. Sanofi, 598 U.S. 594 (2023) and was struck by the Supreme Court’s statement that its 19th Century […]
- The Politics of Looking: Post-Mortem Privacy & Ethics in Contemporary Photographyby centerforartlaw on April 26, 2024 at 4:38 pm
By Divya Srinivasan The photographic documentation of the deceased body has occurred for decades. While photographers’ intentions vary, controversy surrounds this practice, resulting in discourse […]
- Guest post by Profs. Chien and Grennan: Unpacking the Innovator-Inventor Gap: Evidence from Engineersby Jason Rantanen on April 25, 2024 at 7:30 pm
By: Colleen V. Chien, Professor of Law at the University of California, Berkeley School of Law and co-director of the Berkeley Center for Law and Technology, and Jillian Grennan, Associate Professor […]
- Guest post by Lolita Darden: PPAC’s Bold Strategy to Transform Patent Inclusionby Jason Rantanen on April 25, 2024 at 6:30 pm
Guest post by: Lolita Darden, Chair, U.S. Patent and Trademark Office Patent Public Advisory Committee; Managing Partner, Darden Betts Strategic Intellectual Property Counselors; Visiting Associate […]
- SCT: False Claims Act Actions Based Upon Fraudulently Obtained Patent Rightsby Dennis Crouch on April 25, 2024 at 4:46 pm
by Dennis Crouch This post walks through a new petition for writ of certiorari involving claims that Valeant Pharma defrauded the U.S. government by using fraudulently obtained patent rights prop up […]
- Ask SAM: Navigating NAGPRA Challenges in Museums, with a Focus on the Seattle Art Museumby centerforartlaw on April 25, 2024 at 4:18 pm
By Claire Killian What is NAGPRA? In the ecosystem of cultural heritage and museum governance, the Native American Graves Protection and Repatriation Act (NAGPRA) stands as the pivotal piece of […]
- UMKC School of Law Wins National Patent Application Drafting Competitionby Holman on April 23, 2024 at 10:52 pm
By Chris Holman Last week the U. S. Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting Competition (NPADC), the University of Missouri-Kansas City […]
- What is Next for Enablement and Written Description of Antibody Claims?by Dennis Crouch on April 23, 2024 at 5:28 pm
by Dennis Crouch I had been following the case of Teva v. Lilly for a few years. Teva has traditionally been a generic manufacturer, but in this case sued Eli Lilly for infringing its patents […]
- Supreme Court Declines to Hear Vanda’s Patent Obviousness Appealby Dennis Crouch on April 22, 2024 at 2:30 pm
by Dennis Crouch The Supreme Court has denied Vanda Pharmaceuticals’ petition for certiorari, leaving in place a Federal Circuit decision that invalidated Vanda’s patents on methods of using the […]
- AI Visualize and the Eligibility of Innovative AI Systemsby Dennis Crouch on April 21, 2024 at 3:07 pm
by Dennis Crouch The recent eligibility decision in AI Visualize v. Nuance, __ F.4th __ (Fed. Cir. 2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the […]
- Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Disputeby Dennis Crouch on April 20, 2024 at 4:14 pm
by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. The petition asks two questions related to the comparison process […]
- Codifying Discretionary Denial of IPR Petitionsby Dennis Crouch on April 19, 2024 at 3:39 pm
by Dennis Crouch The USPTO recently released yet another Notice of Proposed Rulemaking (NPRM) — this one focusing on codification of IPR/PGR rules associated with non-merits based “discretionary […]
- Artificial Intelligence versus/& Human Artists: AI as a Creative Collaborator in Artby centerforartlaw on April 16, 2024 at 10:43 am
Photo: Regen 1.0.2 by Colleen Hoffenbacker By Atreya Mathur “Recently, I’ve integrated artificial intelligence into my digital process to harmonize the cutting-edge technology with timeless human […]
- “Shhhhhh”: Kat Von D and Tattoo Fan Art – Sedlik v. Von Drachenberg (2021)by centerforartlaw on April 16, 2024 at 9:43 am
By Alexandra Materia Tattoos place another wrinkle into the realm of copyright law and their interaction with the fair use defense. Famously in Andy Warhol Foundation for the Visual Arts, Inc. v. […]
- Serra Set Precedent: An Art Law Homage to Richard Serraby centerforartlaw on April 15, 2024 at 8:06 am
By Olivia Zinzi The recent death of an octogenarian titan of 20th century sculpture, Richard Serra (1938-2024), is a fine opportunity to revisit the influential 1987 art law decision which gave wind […]
- Unexpected Deregulation: New York City Shakes Up Art Market by Repealing Long-Standing Auction Industry Regulationsby centerforartlaw on April 11, 2024 at 12:47 pm
While the repeal has surprised many due to its unforeseen nature, it seems unlikely to result in as much change as some may have feared. Disclosures, which improve transparency, consistency, and […]
- 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 […]
- Protecting Culture in Times of Conflictby centerforartlaw on April 8, 2024 at 5:35 pm
By Eric J. Simon Armed conflicts can potentially destroy not only human lives but also entire cultures. As Dr. Patty Gerstenblith, Distinguished Research Professor of Law at DePaul University, stated […]
- Case Review: RF and Bulatov v. Tsvetkova and other charges against an artistby centerforartlaw on April 8, 2024 at 7:36 am
By Irina Strelkovskaya Background Yulia Tsvetkova is an artist and LGBTQ+ and women’s rights activist from Komsomolsk-on-Amur, in the Far East of the Russian Federation. [1] In 2018, Tsvetkova […]
- 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 […]
- The Rubin is Transforming…? Chelsea Museum to Himalayan Art to Close in 2024by Olya Gurevich on April 4, 2024 at 12:14 pm
By Claire Killian Introduction: What’s Happening? The impending closure of the Rubin Museum of Art in New York City marks a change in the cultural landscape of the city and beyond. For two decades, […]
- Forgotten Dystopias: The Godlike AI That Time Forgotby Andres Guadamuz on March 29, 2024 at 4:53 pm
If I were to ask you about a film depiction of artificial intelligence, there are quite a few candidates that would pop into one’s head. My mind tends to immediately jump to some classics, such as […]
- Assets to Auctions: The Role of Art in Bankruptcy Proceedingsby Karina Lytvynska on March 19, 2024 at 12:23 am
By Iris Ziwei Che In the world of financial instability, the U.S. Bankruptcy Code serves as a source of hope, offering structured pathways for recovery and solvency. Navigating the complexities of […]
- The EU AI Act and copyrightby Andres Guadamuz on March 14, 2024 at 11:39 pm
The European Parliament has approved the AI Act (voted version here), setting in motion its publication in the official journal in the next few months (given further edits). While full implementation […]
- VCRs, tape recorders, and AIby Andres Guadamuz on March 9, 2024 at 6:18 am
The AI copyright infringement cases are increasing rapidly, not only in the US but also in the UK and China. The number of cases is so high that it’s impossible to keep track of all of them, but […]
- Do you own your voice? The challenges of voice cloningby Andres Guadamuz on February 25, 2024 at 2:58 pm
A couple of weeks ago I was discussing in class how some comedians cloned George Carlin‘s voice, and the subsequent lawsuit by his estate. I won’t go into any details, Aaron Moss has written the […]
- Barcelona court rules in favour of defendant in NFT metaverse copyright caseby Andres Guadamuz on February 4, 2024 at 12:25 am
A Commercial Court in Barcelona has made a ruling in a novel copyright dispute between fashion shop Mango and the Spanish collective society for artists VEGAP (text of the decision in Spanish here). […]
- Palworld, Pokémon, and copyright infringementby Andres Guadamuz on January 27, 2024 at 10:54 pm
A game called Palworld is taking the world by storm. This title has garnered 8 million downloads on Steam in less than 6 days, it also has become the second game in Steam history to hit over 2 […]