By: Kristian E. Ziegler Artificial intelligence (AI) leverages computer science and data science to enable automated computer problem solving. AI programs can synthesize a variety of inputs to make decisions and solve problems, and is at the forefront of technological development. One application of AI is the development of new inventions with limited human aid. …
By: Thomas L. Sica On December 18, 2021, expungement and reexamination proceedings are set to begin at the Trademark Office. How these new proceedings will affect trademark practice remains to be seen, but it is important to understand what they are and how they could impact all trademark registrations. Tucked inside the extensive Covid-19 relief…
By: Wayne F. Reinke The Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) included a direction from Congress to create the Copyright Claims Board (the “CCB”), a three-member panel giving an option to resolve copyright disputes involving less than $30,000. The CCB is intended to be less complex than Federal Court and…
By: Wayne F. Reinke In Yangin Yu, Zhongxuan Zhang v. Apple Inc. (Fed. Cir. June 11, 2021), hereinafter “Yu v. Apple,” the Federal Circuit majority proves there is a serious problem with its § 101 jurisprudence, which has expanded to the point of swallowing at least § 112 and, to an extent, § 102 and § 103. In this…
By: Stephen P. Scuderi A license is a grant of rights from a licensor (often the patentee) to a licensee to make, use or sell a patented product or method. Often in granting the licensee the right to “sell”, the patentee may seek to put restrictions or conditions on third parties who legitimately purchase such…
By: Kristian E. Ziegler In U.S. v. Arthrex, case number 19-1434; Smith & Nephew v. Arthrex, case number 19-1452; and Arthrex v. Smith & Nephew, case number 19-1458, the Supreme Court recently held that the law empowering Administrative Patent Judges of the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark…
By: Rachel L. Pearlman Those patent attorneys and agents who practice in the worlds of biological sciences and computer arts have been working through the ether that is 35 U.S.C. §101 for quite some time. Based on the recent decision of the Federal Circuit in Yu v. Apple, it looks like we may have some…
By: Christina E. Brule and Teige P. Sheehan On May 5, the Biden administration signaled the United States’ support for a proposed waiver of certain World Trade Organization (WTO) rules that require member countries to enforce intellectual property (IP) rights, particularly those related to confronting the COVID-19 pandemic. This article sets out an explanation of…
By: Thomas L. Sica On April 5, 2021, the Supreme Court released its decision in the case of Google LLC v. Oracle Am., Inc., 593 U.S. ___, No. 18-956 (U.S. 2021), ending an 11-year legal battle between the two companies over Google, LLC’s (“Google”) copying of certain aspects of Oracle America, Inc.’s (“Oracle”) Java programming…
By: Christina E. Brule The Consolidated Appropriations Act 2021 (the “Act”), a.k.a. the Coronavirus Relief Bill, was signed into law on December 27th, 2020. In addition to COVID-19 relief, the Act includes several provisions that will significantly influence intellectual property law. This article will focus on provisions of the Act that affect copyright law, namely…