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Congress Considers a Patent Eligibility Overhaul

By Kirk M. Hartung

Some members of Congress have met at least twice to discuss the current difficulties and frustrations with patent eligibility under Section 101 of the patent statutes. While these meetings have been closed-door, attorneys and others representing businesses and industries, have attended. These meetings, in December of 2018 and February of 2019, have been initialed by […]

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Protecting Creativity by Artificial Intelligence: Part 3

By Kirk M. Hartung

Artificial intelligence (AI) inventions and discoveries discussed in part 2 of this blog series, which may be protectable with patents, are only one form of creativity by computers. AI can also generate written documents, music, and other creative works of authorship. See for example, CLOEM and AllTheClaims.com. Even software now exists that allows computers to […]

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Protecting Creativity by Artificial Intelligence: Part 2

By Kirk M. Hartung

U.S. Patent laws usually have two objectives: 1) To disclose inventions for the benefit of mankind; and 2) To incentivize inventors and investors. Thus, patent protection serves a social benefit and a personal benefit. Currently, thousands of patent applications are being filed in the U.S. Patent Office for inventions directed to AI, and despite the […]

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Additional Update on the Government Shutdown

By Gregory Lars Gunnerson

As you are most likely aware, the United States government was shutdown for a total of 35 days, the longest shutdown in US history. The shutdown led to 380,000 federal workers being furloughed, and an additional 420,000 workers were required to work without any known payment dates during this period, forcing many to find other […]

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Protecting Creativity by Artificial Intelligence: Part 1

By Kirk M. Hartung

Artificial intelligence has progressed to a state where, based upon software and algorithms written by humans, the computer itself can solve problems and discover new and better ways to accomplish desired results. Artificial intelligence is being used in many industries, including agriculture, education, manufacturing, and medicine. The inventions and creations of the computer itself, rather […]

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Oh Na Na What’s My Name?: Rihanna Sues Father for Trademark Misuse of “Fenty” Surname

By Sarah M.D. Luth

Robyn Rihanna Fenty (“Rihanna”) has filed a lawsuit against her father, Ronald Fenty, over the use of the name “Fenty.” Ronald Fenty uses the family surname in his company Fenty Entertainment, a company which recruits artistic talent and also develops television programs, motion pictures, and record producing. Over the last several years Rihanna has developed […]

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Questions Remain for Venue Considerations Post TC Heartland

By Luke T. Mohrhauser

A recent decision in a patent infringement case involving John Deere suing both AGCO Corporation and its subsidiary, Precision Planting LLC, in the District of Delaware illustrates that not all answers from the Supreme Court’s 2017 decision of TC Heartland LLC v. Kraft Foods Grp. Brands LLC are clear. The TC Heartland decision included, in […]

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Update on the Government Shutdown

By Gregory Lars Gunnerson

In December 2018, the United States Patent & Trademark Office (USPTO) reported it would stay open at least for a temporary time in the event of a government shutdown. Thus far, the USPTO closed only on December 24, 2018 (Christmas Eve), as a result of an executive order issued by President Trump. Christmas Eve fell […]

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Can Competitors Use Your Trademarks in their Webpages or as AdWords to Drive Business to their Webpages?

By Mark D. Hansing

The article below discusses state of the law regarding competitors using your trademarks in their advertising or web pages, or competitors purchasing your trademarks as what are called “AdWords” or “keywords” so that your competitor’s website comes up higher in a search engine search when people use your trademarks as search terms. The Problem Many […]

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Light at the End of the Tunnel? Expanding Concepts of What is Patentable Subject Matter

Justice Warren Burger in the seminal case of Diamond v. Chakrabarty found that Congress had intended patentable subject matter to “include anything under the sun that is made by man,” holding that an engineered bacterium used in treating oil spills was patentable. Diamond v. Chakrabarty, 447 US 303 (1980). Yet interpretation of subsequent decisions on […]

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