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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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The Rollercoaster Ride of Gene Therapy

Gene therapy has had several ups and downs since the idea of editing genes for therapy was first published in 1972. While there have been several instances of successful attempts of treatment in humans, there have also been cases failures which have, at times, temporarily halted clinical studies. One of the main issues with gene […]

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Palm Restaurant Dispute Leads to Big Monetary Damages

By Kirk M. Hartung

A lawsuit filed in New York State court in 2012 on behalf of minority shareholders of the famous Palm Restaurant has a recent court decision awarding over $71 million to the plaintiffs against defendants for breach of fiduciary duty. This dispute among family members is premised upon 54 undervalued intellectual property licenses and a reasonable […]

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Coffee by Drone Delivery

By Kirk M. Hartung

The use of drones in various business applications is becoming common. For example, drones with cameras are used to inspect farm crops, to search natural disaster areas, to provide news coverage,  and to make Hollywood films.  Historical business are being reinvented and new businesses are being developed by the use of these unmanned aerial vehicles. […]

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It’s Better to Show that Claims Belong to an Unpredictable Art

By Blog Staff

A non-precedential opinion does not establish a new law, but usually offers good patent application drafting and prosecution tips. BASF CORPORATION v. ENTHONE, INC., came out from the Court of Appeal of the Federal Circuit (CAFC) last Friday, and reminded me of a good tip: include evidence in the record to show that the claims […]

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