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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Inventor Invention Patent Law 52

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.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. For example, companies pursuing patent protection in both the US and the EU should keep in mind a few key differences between these two jurisdictions to avoid losing valuable IP rights. PDF copy available. Inventorship. Inventorship in the US is a critical component of patent ownership.

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Patent Prosecution Invention Inventor Patent 75

IP Watchdog

DECEMBER 27, 2023

The most significant development in IP in Europe in 2023—indeed arguably the most significant in nearly 30 years—was the launch of the Unitary Patent and Unified Patent Court on June 1. important developments in Europe affecting all the main IP rights. The full implications of this are explored here.

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IP Inventor Designs Design 57

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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Inventor Patent Infringement Patent Litigation 62

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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Inventor Patent Invention Patent Application 114

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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Cease and Desist Inventor Patent Litigation 126

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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Inventor Patent Technology Law 113

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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Inventor Intellectual Property Patent Application Invention 57

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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Inventor Technology Patent Trademark 104

Kashishipr

FEBRUARY 2, 2022

Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share. However, keep in mind that using your IP assets to support the current and future market position of your business can prove to be a major challenge. Managing the IP Portfolio Well.

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Branding Brands Branding Business 98

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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Litigation Law Patent Invention 80

IP Watchdog

JUNE 24, 2022

One day after the Senate Judiciary Committee’s IP Subcommittee met to discuss the PTAB Reform Act and other ways to improve the Patent Trial and Appeal Board (PTAB), the U.S. Representative Thomas Massie (R-KY), who last year introduced a bill that would repeal the PTAB entirely, grilled the witnesses about the effects of the PTAB on U.S.

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IP Intellectual Property Inventor Business 67

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.

Inventor 113

Inventor Litigation Trademark Patent 113

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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Patent Infringement Law Patent Ownership 116

IP Watchdog

NOVEMBER 8, 2023

Today’s was the sixth hearing of the IP Subcommittee this year. The goal of the PREVAIL Act is to reform the Patent Trial and Appeal Board (PTAB) in a number of ways.

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IP Intellectual Property Patent Invention 109

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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Inventor Patent Government Litigation 127

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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Inventor Trademark Patent Invention 104

The IPKat

DECEMBER 7, 2021

Whether in speeches, conferences, or articles, no subject engendered more IP conversation. The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. This is where the article gets interesting. Focusing on the U.S., Who is the culprit?

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Patent Troll Patent Litigation Inventor 119

IP Watchdog

DECEMBER 18, 2022

What could be a more fitting way to open a 2022 year-in-review article on AI and machine learning than by asking OpenAI’s newly beta-released ChatGPT tool to contribute? Additionally, the development and use of AI and machine learning technologies can raise issues related to privacy and security.

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Business Privacy Technology IP 145

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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Inventor Patent Litigation Technology 120

IPilogue

AUGUST 11, 2021

The past few years have witnessed some astounding advances in artificial intelligence, with high profile breakthroughs, such as software now in use autonomously diagnosing disease , algorithms that can design new microchips better than teams of people , and machines that can write interesting articles.

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Intellectual Property Inventor Invention Business 112

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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Inventor Patent Infringement Patent Litigation 117

43(B)log

OCTOBER 1, 2022

Burstein: in the past, small inventors were sometimes diverted to design patents by skeevy methods (even though the design patent may have been broader in some ways than the utility patent); this may have contributed to the disrepute/neglect of the design patent regime. Is the text that defines the article or is it the drawing?

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Intellectual Property Design Patent Law Designs 83

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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Litigation Patent Invention Law 89

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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Inventor Patent Application Invention Patent 128

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.

Inventor 57

Inventor Patent Infringement Patent Litigation 57

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.

Inventor 52

Inventor Invention Patent Litigation 52

IP Watchdog

AUGUST 13, 2023

Patent and Trademark Office (USPTO) are in active litigation over the eligibility of generative AI outputs for statutory protection. Both the U.S. Copyright Office (USCO) and the U.S.

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Copyright Infringement Copyright Law Litigation Copyright 98

The IPKat

JANUARY 12, 2024

If you, like the AmeriKat, are freezing your paws off, here is a warming drink of the latest IP news and events. Of course, with legislative uncertainty comes the risk of increased litigation, but also, perhaps, offers the UK courts and legislature a welcome opportunity to ditch aspects which just weren’t working for the UK’s IP stakeholders.

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IP Intellectual Property Law Law Invention 64

IP Watchdog

NOVEMBER 30, 2022

The cert decision holds significant consequences, particularly for patent owners and inventors who find themselves the target of patent infringement, sue to assert their patent rights, and whom patent infringers then pull into a litigation vortex between federal courts and administrative tribunals at the U.S.

Patent Infringement 80

Patent Infringement Patent Inventor Litigation 80

IP Watchdog

NOVEMBER 14, 2023

It is not hard to understand why inventors are seeking design patent protection at previously unseen levels. In 2022 alone, the USPTO received more than 50,000 design patent applications. The Office has seen a 20% growth in design patent applications over the last five years.

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Design Patent Designs Design Patent 57

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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Inventor Patent Application Invention Publishing 128

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. Mammen is an IP litigation partner with Womble Bond Dickinson in Palo Alto, CA. Dr. Christian E.

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Invention Patent Inventor Intellectual Property 127

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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Inventor Litigation Technology Designs 67

IP Watchdog

APRIL 8, 2024

RE47,494 E is owned by inventor Frank Amidio Catalano and covers “a device to prevent corrosion [in motor vehicle radiators] caused by electrolysis.” Mahle Behr requested IPR of the patent, arguing that a prior art reference called Godefroy anticipates and renders obvious certain claims.

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Patent Inventor Art Trademark 104

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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Inventor Contracts Invention Technology 57