By: Stephen P. Scuderi, Esq. Overview The Patent Eligibility Restoration Act (PERA), introduced as bill S1546 in the U.S. Sente, represents a major legislative effort to rectify the harm caused by a series of Supreme Court decisions which dramatically narrowed the scope of what inventions were patentable in the United States. (see Bill S1546, May…
By: Claire E. Reynolds-Peterson, Ph.D. & Teige P. Sheehan, Esq., Ph.D. A recent jury trial signals a possible important turning point in trademark holders’ ability to police others’ use of their marks even if such use is not necessarily use “as a trademark” per se. The Federal District Court for the Middle District of Pennsylvania…
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: Christina E. Brule, Ph.D., Esq. The Copyright Claims Board (the “CCB”) was created in 2020 by the Copyright Alternative in Small Claims Enforcement Act (the “CASE Act”), which was meant to strengthen copyright protection and thereby strengthen the economy, to which creators contribute greatly and yet often find themselves struggling to enforce their rights…
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…