IP Watchdog

JANUARY 21, 2024

As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).

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IP Watchdog

NOVEMBER 29, 2022

Right now, inventors, businesses, and other interested members of the public often have to undertake time consuming and expensive litigation to determine who owns a patent.

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IP Watchdog

AUGUST 5, 2022

Vidal that an artificial intelligence (AI) machine does not qualify as an inventor under the Patent Act. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. The decision is the latest in a series of rulings around the world considering the topic, most of which have found similarly. Judge Stark authored the opinion.

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IP Watchdog

DECEMBER 20, 2023

While the Court suggested that questions such as whether inventions like DABUS’ should be patentable and if the meaning of the term “inventor” should be expanded are important ones that should be considered at a policy level, the present case was concerned solely with the interpretation of the present law, which clearly does not contemplate non-human (..)

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IP Watchdog

SEPTEMBER 26, 2023

On September 25, independent inventor Carolyn Hafeman filed a reply brief arguing that efforts by consumer tech giant LG Electronics to prejudice Hafeman’s legal claims in front of a Western Texas jury require the court to grant a new patent infringement trial in the case.

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IP Watchdog

SEPTEMBER 7, 2021

District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S.

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IP Watchdog

JUNE 20, 2023

Recovering money from users of technology requires movement on the part of inventors of technology. inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion. All of these movements require the inventor to possess a patent.

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IP Watchdog

JULY 12, 2022

Neapco just a few days earlier, inventor David Tropp on July 5 again asked the Court to unravel U.S. Despite the U.S. Supreme Court’s rejection of the petition in American Axle v. patent eligibility law. 101, as interpreted in Alice Corporation Pty v.

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IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. The question of what makes one an “inventor” was central to whether HIP’s employee should be added to the patent. Hormel Foods Corp., 2022-1696 (Fed. May 2, 2023). While AI did not factor into HIP v.

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IP Watchdog

JANUARY 27, 2022

On January 21, inventor Martin David Hoyle and his company B.E. Technology filed a response in opposition to a consolidated motion to dismiss that was filed last November by defendants Michelle K. Lee, former Director of the U.S.

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IP Tech Blog

APRIL 25, 2023

Every year, on April 26, intellectual property organizations around the world observe “ World IP Day ” – an event established by the World Intellectual Property Organization (WIPO) to raise awareness of patents, copyrights, designs, and trademarks, and to celebrate the creativity and contributions of inventors, authors, artists and entrepreneurs.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. In today’s connected global economy, obtaining patent protection in multiple jurisdictions is the best way for companies to protect their intellectual property on a global scale. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent.

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IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. IP business models will evolve, and risk and return calculations will become more reliable. grants for the first half of 2021.

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IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Top 10 Most Read IPilogue Articles Published in 2021.

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Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

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IP Watchdog

NOVEMBER 30, 2023

Patent and Trademark Office (USPTO) have reached different conclusions regarding “the creative and conceiving capabilities of machines,” which leads to intellectual property (IP) law being self-contradictory. Copyright Office (USCO) and the U.S.

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IP Watchdog

MAY 17, 2022

Gilbert Hyatt, an inventor who has been granted more than 70 patents and has filed more than 400 applications with the U.S. Hyatt has been embroiled in litigation with the USPTO for decades and won a previous Supreme Court appeal in 2012. . Patent and Trademark Office (USPTO), has petitioned the U.S.

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Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Guest Post by Meshandren Naidoo and Dr. Christian E. The pitfalls of formal examination in South Africa.

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IP Watchdog

MAY 2, 2022

federal government to address patent quality, abusive litigation and forum shopping. Unfortunately, the proposed reforms would help very little, if at all, toward improving certainty and clarity in patent rights in a way that would actually improve American innovation by supporting small startups and individual inventors in our country.

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IP Watchdog

JULY 11, 2022

Court of Appeals for the Fifth Circuit heard oral arguments in US Inventor v. Although the appeal comes to the Fifth Circuit following the district court’s dismissal due to the plaintiffs’ lack of Article III standing, much of the oral arguments focused on whether the Fifth Circuit or the U.S. On July 6, the U.S.

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IP Watchdog

JUNE 24, 2022

House of Representative’s Subcommittee on Courts, Intellectual Property, and the Internet held a similar hearing featuring six witnesses with varying views on the PTAB about how to improve the system.

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IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Currently, no court decisions have been rendered regarding Moderna’s patent infringement claim against Pfizer.

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43(B)log

FEBRUARY 16, 2024

“[T]here must be a new or different false marking violation in order to properly apply the continuous violations theory, not merely a continuous posting of the same falsely marked article.” A]n alleged discrepancy between the defendant’s marking and its prior litigation history is sufficient to allege false marking.”

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Kashishipr

OCTOBER 20, 2021

In 2002, the Federal Trade Commission, after an extensive inquiry, found out that over 75% of applications by generic pharmaceutical manufacturers were in some way or other involved in litigation initiated by the original patent holders. Patents are the most important way in which inventors can protect their inventions.

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IP Watchdog

MAY 2, 2023

Court of Appeals for the Federal Circuit (CAFC), in a precedential decision, today reversed a district court holding that an inventor should be added as a joint inventor for his contributions to a patent for methods of pre-cooking bacon and meat pieces.

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IP Watchdog

OCTOBER 13, 2022

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision in part reversing and in part affirming a district court’s dismissal of an inventor’s patent infringement suit against Google under Federal Rule of Civil Procedure12(b)(6).

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IP Watchdog

OCTOBER 18, 2022

As another form of harm, the vagueness and breadth of the Alice/Mayo framework have also enabled accused infringers to transmogrify Section 101 into a litigation weapon in inappropriate cases that has created unnecessary burdens and costs on innovators and the courts.

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IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Each application names DABUS as the sole inventor. DABUS is a computer built, programmed and owned by Dr. Stephen Thaler.

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IP Watchdog

NOVEMBER 8, 2023

The Senate Subcommittee on Intellectual Property held a hearing today featuring witnesses who weighed in on the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, which was introduced in June by Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL) and Mazie Hirono (D-HI).

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IP Watchdog

OCTOBER 11, 2023

Court of Appeals for the Federal Circuit (CAFC) on Tuesday, October 10, affirmed a district court’s dismissal at the pleading stage of a patent infringement, unjust enrichment and antitrust case against Qualcomm, Inc. Larry Golden sued Qualcomm in the U.S.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. Ashley received her J.D.

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IP Watchdog

MARCH 15, 2024

Court of Appeals for the Federal Circuit (CAFC) on Friday affirmed a district court finding that two inventors should be added as co-inventors to a patent for a method of transporting gaseous fluids.

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SpicyIP

APRIL 7, 2024

Recently, India and a group of 4 European countries- Iceland, Liechtenstein, Norway, and Switzerland (EFTA) signed a Trade Economic Partnership Agreement (TEPA) on a variety of trade related issues, including intellectual property rights. Article 13.2 Similar language is incorporated in Article 13.3 of the EFTA-India FTA.

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IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. Thaler and the inventor as “DABUS - The invention was autonomously generated by an artificial intelligence.”.

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IP Watchdog

MAY 26, 2022

BillJCo owns six patents directed to beacon technology, with Bill Johnson and his son Jason Johnson, who lives in Waco, Texas, named as inventors or co-inventors. District Court for the Western District of Texas to transfer a case brought by BillJCo, LLC to the Northern District of California.

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IP Watchdog

DECEMBER 5, 2023

Patent and Trademark Office (USPTO) Director Andrei Iancu, featured a number of high-profile political and professional figures in the intellectual property space debating approaches to strengthening the U.S. patent system, with an emphasis on national security. Representative Deborah Ross (D-NC), who serves on the U.S.

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IP Watchdog

MAY 22, 2024

Court of Appeals for the Federal Circuit (CAFC) on Tuesday, May 21, issued a precedential decision vacating and remanding a district court’s finding that Core Optical Technologies didn’t have standing to sue Nokia due to the language of a contract between the inventor and his employer. Judge Mayer dissented. 6,782,211 by Nokia Corp.,

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