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Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test

SpicyIP

In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. Bhuwan is a third year B.A.,

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AI IP Year in Review - The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI

JD Supra Law

Since platforms like Midjourney and DALL-E became popular, using text-to-image models to generate AI art has surged, making it increasingly difficult to distinguish between AI-generated art and human-created works. This rapid evolution in art generation challenges global intellectual property law.

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Embio Ltd. v. Malladi Drugs: Madras High Court Clarifies the Extent of Burden of Proof in Matters concerning Patent Revocation

SpicyIP

student at National Law School of India University, Bengaluru. He is interested in Intellectual Property Laws and the dynamic intersection of law and technology, and seeks to pursue a career in academia and research. They argued that since the method was found in prior arts, the impugned invention was not novel.

Invention 105
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“Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed

Intellectual Property Law Blog

It found that the lower court erred by failing to instruct the jury that “comparison prior art” must be tied to the same article of manufacture as that claimed. Regarding the jury instructions on comparison prior art, Columbia argued that the district court erred by failing to instruct the jury as to the scope of the comparison prior art.

Art 162
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Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

Intellectual Property Law Blog

VIP Products LLC , which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,” the Second Circuit upheld an Eastern District of New York order enjoining art collective MSCHF from offering its “Wavy Baby” sneaker that likely infringed Vans’ marquee “Old Skool” sneaker. See Vans, Inc.

Art 147
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[Guest Post] Book Review: Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage

The IPKat

This book review of “ Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage ”, by Patricia Covarrubia (Editor), is kindly provided by Katfriend Felicia Caponigri (Founder of Fashion by Felicia and Visiting Scholar at Chicago-Kent College of Law). 116, 120).

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Federal Circuit Affirms PTAB’s Ruling of Swearing Behind a Prior Art Reference

Intellectual Property Law Blog

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § Teleflex Innovations S.A.R.L. , The Board concluded that Medtronic failed to demonstrate that the challenged claims were unpatentable.

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