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Who Owns the Copyright? Work-Made-For-Hire Edition

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One of the questions we regularly receive tends to be something along the lines of, “If I pay someone to build a website/take a picture/make a video/create marketing content/design a t-shirt/etc., don’t I own the copyright in that work?” The short answer is, probably not unless you have a written agreement with them. The more […]

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Early Computer Programming Guru Passes Away

By Kirk M. Hartung

The inventor of the ubiquitous “cut- copy- paste” function for digital documents, Larry Tesler, passed away on Feb. 16 at the age of 74 at his home in Portola Valley, California. Tesler, who grew up in the Bronx, became interested in computers in the 1950’s, as a new emerging technology, when he saw them as […]

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2019 U.S. Patents Hit All Time High

By Kirk M. Hartung

he U.S. Patent and Trademark Office issued a record number of patents in 2019.  The 333,350 patents granted in 2019 was a 15% increase over 2018.  As usual, IBM led the way with 9,262 new patents in 2019.  This is the 27th consecutive year that IBM was the #1 patentee for U.S. patents.  The other top […]

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Disappointment for DABUS as the EPO and UKIPO Conclude Artificial Intelligence Cannot be Named an Inventor

By Blog Staff

The European Patent Office (EPO) and the United Kingdom Intellectual Property Office (UKIPO) recently tackled an issue that has sparked much discussion involving artificial intelligence (AI) innovation. Two patent applications were recently filed via the Patent Cooperation Treaty (PCT) in the United States, United Kingdom, Germany, Israel, China, Korea, and Taiwan, naming DABUS—an AI machine—as […]

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U.S. and Mexico Patent Offices to Collaborate

By Kirk M. Hartung

Yesterday, January 28,2020, the United States Patent and Trademark Office (USPTO) and the Mexican Institute of Industrial Property (IMPI) signed an agreement which is expected to expedite issuance of patents in Mexico for owners of US patents.  The two agencies will now cooperate in a process that lets the IMPI have access to USPTO examination […]

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2019 Trade Secret Law Developments

By Jonathan L. Kennedy

Since the passage of the Defend Trade Secrets Act (“DTSA”) in 2016, there have been questions as to how the law would be applied in trade secret litigations. 2019 provided indicators on some trends in the application of the law as well as its interplay with state trade secret claims. Two issues of particular relevance […]

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Trademarks Filed for OK, Boomer

By Gregory Lars Gunnerson

There are now at least nine pending trademark applications incorporating “OK Boomer.” The applicants notably include Fox Media, who wishes to use the mark for a television series. It appears the applicants are unlikely to receive rights in the mark because the memed-to-death slogan conveys ordinary or familiar concepts or sentiments, as well as social, […]

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Supreme Court Declines to Further Deal with 101

On January 13, the Supreme Court denied certiorari in five additional patent cases involving 101, including Athena, Vanda, and Berkheimer. Many sides, including industry, academics, and the government, were encouraging the Supreme Court to uptake at least one case in order to help clarify or define the Alice/Mayo framework. However, even given the pressure, the Supreme Court still denied every case. Further, […]

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Supreme Court Passes on 101 Patent Eligibility

By Kirk M. Hartung

On January 13, the US Supreme Court denied the petition for certiorari by Athena Diagnostics seeking the highest Court’s review of patent eligibility under 35. USC 101. The petition relates to the en banc decision by the Court of Appeals for the Federal Circuit in Athena Diagnostics v. Mayo on July 3, 2019, wherein the appellate Court […]

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When YouTubers Cry: Prince Concert Videos Deemed Not Fair Use

By Nicholas J. Krob

Last week, U.S. District Judge Leo T. Sorokin granted summary judgment in favor of the estate of the late artist Prince regarding its claim of copyright infringement against Kian Andrew Habib, who had previously posted six Prince concert videos to his YouTube channel. In doing so, Judge Sorokin rejected Habib’s fair use defense, claiming Habib’s […]

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