IP Watchdog

SEPTEMBER 7, 2021

District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S.

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IP Watchdog

JUNE 20, 2023

Recovering money from users of technology requires movement on the part of inventors of technology. inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion. All of these movements require the inventor to possess a patent.

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Cease and Desist Inventor Patent Litigation 126

IP Watchdog

JULY 12, 2022

Neapco just a few days earlier, inventor David Tropp on July 5 again asked the Court to unravel U.S. Despite the U.S. Supreme Court’s rejection of the petition in American Axle v. patent eligibility law. 101, as interpreted in Alice Corporation Pty v.

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Inventor Patent Technology Law 113

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

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Litigation Copying Copyright Designs 143

IP Watchdog

JANUARY 21, 2024

As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).

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Inventor Intellectual Property Patent Application Invention 57

IP Watchdog

JANUARY 27, 2022

On January 21, inventor Martin David Hoyle and his company B.E. Technology filed a response in opposition to a consolidated motion to dismiss that was filed last November by defendants Michelle K. Lee, former Director of the U.S.

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Inventor Technology Patent Trademark 104

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. IP business models will evolve, and risk and return calculations will become more reliable. grants for the first half of 2021.

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IP Litigation Inventor Licensing 119

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. Absent an assignment, each joint inventor may exploit the invention without the permission of, and without accounting to, the other joint inventors.

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Patent Prosecution Invention Inventor Patent 75

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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Litigation Law Patent Invention 82

IP Watchdog

DECEMBER 17, 2023

On June 1, 2023, the Unified Patent Court (UPC) opened, providing a new venue for patent litigation across all 17 ratifying European Union member states. The court represents a significant shift in patent litigation in the EU, which is poised to impact the global patent strategy of U.S. and multinational companies.

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Inventor Litigation IP Patent 57

IP Watchdog

MAY 17, 2022

Gilbert Hyatt, an inventor who has been granted more than 70 patents and has filed more than 400 applications with the U.S. Hyatt has been embroiled in litigation with the USPTO for decades and won a previous Supreme Court appeal in 2012. . Patent and Trademark Office (USPTO), has petitioned the U.S.

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Inventor Litigation Trademark Patent 113

IP Watchdog

MAY 2, 2022

federal government to address patent quality, abusive litigation and forum shopping. Unfortunately, the proposed reforms would help very little, if at all, toward improving certainty and clarity in patent rights in a way that would actually improve American innovation by supporting small startups and individual inventors in our country.

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Inventor Patent Government Litigation 127

IP Watchdog

JULY 11, 2022

Court of Appeals for the Fifth Circuit heard oral arguments in US Inventor v. Although the appeal comes to the Fifth Circuit following the district court’s dismissal due to the plaintiffs’ lack of Article III standing, much of the oral arguments focused on whether the Fifth Circuit or the U.S. On July 6, the U.S.

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Inventor Trademark Patent Invention 104

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

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Litigation Fair Use Copying Derivative Work 98

Patently-O

OCTOBER 12, 2022

US Inventor Inc. US Inventor along with several patent holders sued the USPTO back in 2021 seeking an injunction against the USPTO Director mandating that she engage and notice-and-comment rulemaking to issue standards for when IPR/PGR discretionary denials are appropriate. US Inventor Inc. US Inventor Inc. 3d 549 (E.D.

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Inventor Patent Government Litigation 65

IP Watchdog

MAY 2, 2023

Court of Appeals for the Federal Circuit (CAFC), in a precedential decision, today reversed a district court holding that an inventor should be added as a joint inventor for his contributions to a patent for methods of pre-cooking bacon and meat pieces.

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Inventor Patent Litigation Technology 120

IP Watchdog

OCTOBER 13, 2022

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision in part reversing and in part affirming a district court’s dismissal of an inventor’s patent infringement suit against Google under Federal Rule of Civil Procedure12(b)(6).

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Inventor Patent Infringement Patent Litigation 117

IP Watchdog

OCTOBER 11, 2023

Court of Appeals for the Federal Circuit (CAFC) on Tuesday, October 10, affirmed a district court’s dismissal at the pleading stage of a patent infringement, unjust enrichment and antitrust case against Qualcomm, Inc. Larry Golden sued Qualcomm in the U.S.

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Inventor Patent Infringement Patent Litigation 57

IP Watchdog

MARCH 15, 2024

Court of Appeals for the Federal Circuit (CAFC) on Friday affirmed a district court finding that two inventors should be added as co-inventors to a patent for a method of transporting gaseous fluids.

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Inventor Invention Patent Litigation 52

The IPKat

DECEMBER 7, 2021

Whether in speeches, conferences, or articles, no subject engendered more IP conversation. The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. This is where the article gets interesting. Focusing on the U.S., Focusing on the U.S.,

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Patent Troll Patent Litigation Inventor 122

IP Watchdog

OCTOBER 18, 2022

As another form of harm, the vagueness and breadth of the Alice/Mayo framework have also enabled accused infringers to transmogrify Section 101 into a litigation weapon in inappropriate cases that has created unnecessary burdens and costs on innovators and the courts.

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Litigation Patent Invention Law 89

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Each application names DABUS as the sole inventor. DABUS is a computer built, programmed and owned by Dr. Stephen Thaler.

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Inventor Patent Application Invention Patent 128

LexBlog IP

MARCH 11, 2024

Instead, an analysis utilizing the Pannu factors determines if the human inventor(s) has made a significant contribution to each claim in the patent or patent application. Vidal affirmed the holding “that only a natural person can be an inventor.” However, the court did not answer the question of AI as a joint inventor.

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Invention Inventor Intellectual Property Patent 52

IP Watchdog

NOVEMBER 30, 2022

The cert decision holds significant consequences, particularly for patent owners and inventors who find themselves the target of patent infringement, sue to assert their patent rights, and whom patent infringers then pull into a litigation vortex between federal courts and administrative tribunals at the U.S.

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Patent Infringement Patent Inventor Litigation 80

IP Watchdog

DECEMBER 6, 2021

Most recently, the National Institutes of Health (NIH) Director Dr. Francis Collins accused Moderna of excluding three NIH scientists as co-inventors of a key patent for the COVID-19 vaccine. Trade Representative (USTR) announced the Administration’s support for waiving intellectual property protections for COVID-19 vaccines.

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Intellectual Property Inventor Invention Patent 117

IP Watchdog

APRIL 8, 2024

RE47,494 E is owned by inventor Frank Amidio Catalano and covers “a device to prevent corrosion [in motor vehicle radiators] caused by electrolysis.” Mahle Behr requested IPR of the patent, arguing that a prior art reference called Godefroy anticipates and renders obvious certain claims.

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Patent Inventor Art Trademark 104

Patently-O

FEBRUARY 13, 2023

Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. An inventor is a presumptive owner of any resulting patent rights. However, he is missing one purportedly crucial qualification: he cannot claim to be an inventor of any patented technology.

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Inventor Ownership Invention Patent 73

Fish & Richardson Trademark & Copyright Thoughts

JUNE 11, 2021

In celebration of Pride Month 2021, Fish litigation associate and LGBTQ+ Affinity Group chair, Jeremy Saks, authored the article “ How Legal Profession Can Help LGBTQ Patent Attys Thrive ” for Law360.

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Patent Patent Law Intellectual Property Intellectual Property Law 73

IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. Thaler and the inventor as “DABUS - The invention was autonomously generated by an artificial intelligence.”.

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Inventor Patent Application Invention Publishing 128

IP Watchdog

MAY 26, 2022

BillJCo owns six patents directed to beacon technology, with Bill Johnson and his son Jason Johnson, who lives in Waco, Texas, named as inventors or co-inventors. District Court for the Western District of Texas to transfer a case brought by BillJCo, LLC to the Northern District of California.

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Inventor Litigation Technology Designs 67

Patently-O

AUGUST 17, 2021

Corsair purchased the companies in 2019, but by that time the litigation with Valve was well underway. Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S. Here, a simple comparison of the Exhibit with the ’525 Burns article confirms their near identity.

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Art Litigation Publishing Inventor 123

IPilogue

AUGUST 11, 2021

The past few years have witnessed some astounding advances in artificial intelligence, with high profile breakthroughs, such as software now in use autonomously diagnosing disease , algorithms that can design new microchips better than teams of people , and machines that can write interesting articles.

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Intellectual Property Inventor Invention Business 112

IPilogue

JANUARY 14, 2022

This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley Moniz (IPilogue Managing Editor). This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021.

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IP Copyright Infringement Inventor Intellectual Property 106

IP Watchdog

OCTOBER 4, 2023

On October 2, the Nobel Assembly at Karolinska Institutet announced that Hungarian-American biochemist Katalin Karikó and American immunologist Drew Weissman were awarded the 2023 Nobel Prize in Physiology or Medicine for their discoveries related to modified messenger ribonucleic acid (mRNA) for use in vaccines.

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Inventor Technology Litigation Intellectual Property 62

IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. The question of what makes one an “inventor” was central to whether HIP’s employee should be added to the patent. Hormel Foods Corp., 2022-1696 (Fed. May 2, 2023).

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Intellectual Property Law Law Inventor Intellectual Property 80

43(B)log

SEPTEMBER 15, 2021

There is an ongoing, separate litigation about ownership of the relevant patent; plaintiffs alleged that the two inventors assigned the patent to plaintiff Orthex. Defendants allege that one inventor was contractually bound to disclose and assign to a separate entity any patent he received related to his work on the idea.

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Advertising Advertising Social Media False Advertising 59

IP Watchdog

SEPTEMBER 9, 2022

Inventor Gilbert Hyatt, who has been embroiled in litigation with the United States Patent and Trademark Office (USPTO) for decades, lost his latest case at the U.S. Court of Appeals for the Federal Circuit (CAFC) when the court ruled today that an examiner’s restriction requirement was permitted under 37 C.F.R. 1.129 (“Rule 129”).

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Patent Application Inventor Litigation Patent 67