By: Morgan J. Sholtis and Teige P. Sheehan, Esq., Ph.D. A recent federal appeals court decision involving Walmart and designer Roxana Russell has created important new guidelines for how online marketplaces handle third-party sellers, with significant implications for businesses operating in the digital marketplace. The case offers crucial insights for creators of copyrightable works and…
By: Claire E. Reynolds-Peterson, Ph.D. & Teige P. Sheehan, Esq., Ph.D. A recent decision from the Federal Circuit Court of Appeals is another reminder for patent applicants of the ease by which description of a technology in a prior publication can prevent the grant of a patent on a subsequent application. Importantly, this is true even if…
By: Joe T. Schuler, Esq. and Teige P. Sheehan, Ph.D. The Court of Appeals for the Federal Circuit recently handed down what is likely to be the first among many decisions shaping the patentability issues surrounding artificial intelligence. In Recentive Analytics v. Fox, the Federal Circuit leaned on existing law applicable to eligibility of software…
By: Emily M. Fraser In an amended compliant filed on May 23, Israeli health tech company CardiacSense Ltd. (hereinafter, “CardiacSense”) defended the patent eligibility of its wearable tracker patent, advancing its ongoing legal action against Garmin International Inc. (hereinafter, “Garmin”). The amended compliant follows patent litigation first initiated on May 22, 2024, in which CardiacSense…
By: Thomas L. Sica Trade dress is a tricky form of intellectual property. By law, it is functionally the same as a trademark, but more difficult to establish. Unlike trademarks which typically consist of words, phrases and/or logos, trade dress consists of elements that do not inherently identify source, such as the total image and…
Co-Authored by: Trent L. Rector, Esq. and Teige P. Sheehan, Esq. The advent of powerful artificial intelligence, or AI, technologies continue to impact almost every aspect of society. Inventorship and patenting are no exception. The ability of computer algorithms to generate new content has raised the possibility that a computer running an AI program could…
Co-Authors: Alana M. Fuierer, Esq. and Katelin Schaub In January 2025, the Copyright Office released the second of two reports providing guidance for copyrightability and artificial intelligence (AI) in response to its August 2023 Notice of Inquiry. See https://www.copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-2-Copyrightability-Report.pdf. The most recent report investigates the type and level of human contribution that would allow a…
By: Trent L. Rector In Hachette Book Group, Inc. v. Internet Archive, 115 F.4th 163 (2024), the Court of Appeals for the Second Circuit affirmed the district court’s ruling finding Internet Archive’s free digital library was not fair use under the Copyright Act. The dispute centered around how libraries lend books to the public and…
By: Stephen P. Scuderi On July 17, 2024, the USPTO published its new “2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence” (the 2024 Updated PEG), which became “effective” on that same day. This article will provide a review of the history leading to the 2024 Updated PEG, plus an overview of…
By: Christina E. Brule The United States Patent and Trademark Office (USPTO) published a notice of proposed rulemaking on May 10, 2024 for a rule that would affect terminal disclaimer practice to obviate (overcome) non-statutory double patenting. Background Non-statutory double patenting, or obviousness-type double patenting (ODP), is a judicially created doctrine (e.g., there is no…