In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act. This decision, however,
Nontransformative Nuge
A reversal in the 4th Circuit Court demonstrates the impact the Supreme Court’s decision in Andy Warhol Foundation for the Arts v. Goldsmith is already having on the application of copyright fair use doctrine in federal courts.
Upcycling at the Super Bowl
As we approach the Super Bowl, the world of “upcycling” also takes the stage. Upcycling refers to the process where garments or other materials are reused and transformed into a new or unique item.
This season, celebrities Taylor Swift, Simone…
What Is In the Public Domain?
Creative expressions generally are protected by copyright law. Sometimes, however, they are not. When that is the case, a work is said to be in “the public domain.”
The rules specifying the conditions for copyright protection vary from country to…
Tech Touchdowns: Revolutionizing Football with RFID Tracking
In the film “Any Given Sunday,” Al Pacino, portraying Coach Tony D’Amato, poignantly compares football to life, describing it as a “game of inches … one half a step too late or too early and you don’t quite make it.…
USPTO Sets to Clarify Attorney Guidelines in the Age of Generative AI
As attorneys, we’ve all taken Legal Research and Writing. This is where we first encountered Westlaw and Lexis, using these sites to delve into case law for various assignments while chasing Westlaw and Lexis points in the hopes of getting…
How Original! The Oscars and the Craft of Derivative Works
Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in…
AI Updates: Recent Litigation on AI and Copyright
Tune in to this video from Lauren Leipold and Owen Wolfe to hear about how Sarah Silverman, George R.R. Martin, and others are taking on AI companies in cases that could shape the future of copyright law.
Fifth Circuit: When is Theseus’ ROLEX watch no longer a ROLEX watch?
A Champion Spark plug re-conditioned goods case involving ROLEX watch parts. From the Fifth Circuit decision:
This is a trademark infringement dispute involving allegations of counterfeit and infringing use of Rolex’s marks by BeckerTime. Rolex is a luxury watch seller…
Design Patent Obviousness Inquiry Is Up for Review at the CAFC
As we have previously written about here, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has granted a petition for an en banc rehearing of LKQ Corp. et al v. GM Global Technology…