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Court Decisions

Apr 07, 2023

Internet Archive’s Unauthorized Lending of Copyrighted eBooks is Not Fair Use

The Southern District of New York recently issued an opinion that held the Internet Archive, an organization whose professed mission is to provide universal access to all knowledge, infringed plaintiffs’ copyrights when it scanned print copies of books and offered free digital copies to users of its website without the copyright owners’ permission. » Read More

Sep 02, 2022

Artificial Intelligence Cannot Serve as an Inventor of a Patentable Invention

Last month, the United States Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled that only human beings may qualify as inventors of patentable inventions. See Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022). In the case at issue, computer scientist Stephen Thaler developed an artificial intelligence system for which he coined the name “DABUS” (“Device for Autonomous Bootstrapping of Unified Science”), and which is the “creativity machine” named as the sole inventor on patent applications for a food container and a light beacon. » Read More

Aug 26, 2022

Netflix Sues Bridgerton Musical Creators for Copyright and Trademark Infringement

“It seems our diamond requires a closer inspection,” famously says the fictional character Lady Whistledown of Regency-era London’s most beautiful debutante in Bridgerton (Season One). Bridgerton, for the uninitiated, is the Netflix hit series based on historical romance novels by Julia Quinn. » Read More

Feb 25, 2022

The First Amendment Once Again Trumps Limits on Trademark Registration

Following on from Matal v. Tam striking down the prohibition on the registration of trademarks containing derogatory terms and phrases (in that case, THE SLANTS) and Iancu v. Brunetti striking down the prohibition on the immoral and scandalous matter (in that case, FUCT) on the basis of the First Amendment right to freedom of speech, the Federal Circuit has struck another long-standing limit on what trademarks can be registered.  » Read More

Oct 01, 2021

Mind Your Jury Instructions and Get a Second Set of Eyes to Review Them before Your Counsel Submits Them to the Other Side of the Court

The recent decision in SRI International, Inc. v. Cisco Systems, Inc. is another in a line of cases involving the federal court’s handling of the issues of willful infringement and enhanced damages, but it is actually a case about how parties handle the language in their jury instructions. » Read More

Jul 02, 2021

Challenging the Validity of a Patent: The Supreme Court Minerva Decision

The Supreme Court of the United States recently held in the case of Minerva Surgical, Incorporated v. Hologic, Incorporated that the doctrine of assignor estoppel (a rule that prevents people who assign their patents to a company from then challenging the validity of their patent) is alive and well, but subject to certain important exceptions. » Read More