Ninth Circuit: No SHIFT+DELETE for Server Test

copyright Fair Use technology

The issues where technology and intellectual property laws collide were discussed in the Ninth Circuit’s opinion in Hunley v. Instagram, LLC,[1] decided on July 17, 2023. In Hunley, the Ninth Circuit re-affirmed the so-called Server Test limiting liability for copyright infringement. Facts Plaintiffs Alexis Hunley and Matthew Brauer both posted their photographic works on their …

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Limitations on Transformative Use: SCOTUS Finds Nothing Transformative in Warhol’s Use of Goldsmith’s Prince Photo

copyright Fair Use originality scotus watch

Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights.  The keyword among these cases is “limitation.”  There are limitations on the breadth of particular areas of IP law.  These limitations will affect the IP holder’s rights, as well as those who are infringing those rights.  …

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Limitations of the 1st Amendment in Trademark Cases: the Dog Toy Case

1st amendment likelihood of confusion section 2(d) trademark

Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights.  The keyword among these cases – two trademark, one copyright, and one patent – is “limitation.”  What does this mean?  The various laws implicated by these opinions do not operate in a vacuum and work in …

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The Enablement Requirement Requires More Than Just “Two Research Assignments,” says SCOTUS

112 Enablement patent

On May 18, 2023, the U.S. Supreme Court released its long-awaited decision in Amgen Inc. v. Sanofi,[1] which touches on a formal requirement for patentability, the enablement requirement.  In a unanimous ruling, the Supreme Court held that where a patent claims an entire genus, the specification must enable one skilled in the art to make …

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U.S. Patent No. PP35,001 P3 Blueberry Plant Named ‘C15-270’

patent plant plantIP

U.S. Patent No. PP35,001 P3 (‘001) issued on February 28, 2023 for “Blueberry Plant Named ‘C15-270’.”  It was issued to inventors Jessica Scalzo & James W. Olmestead and applicants/assignees Costa Berry International Pty Ltd. of Ravenhall, Australia, and Florida Foundation Seed Producers, Inc., of Marianna, Florida.  The ‘001 patent is a plant patent under 35 …

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U.S. Copyright Office Clarifies Registration of AI-Created Works

authorship copyright technology

In order to clarify policy-related issues involving artificial intelligence and the copyright law issue of authorship, the U.S. Copyright Office, on March 16, 2023, commenced an AI initiative.  Included in this initiative was new registration guidance (to be codified as 37 C.F.R. §202) aimed at assisting practitioners and industry members on protection of creative works …

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Fed Circuit Holds Claims Directed to Milk Not Patent-Eligible Under §101

101 patent patent eligible subject matter

On February 13, 2023, in ChromaDex, Inc. v. Elysium Health, Inc.,[1] the Court of Appeals for the Federal Circuit issued its first opinion of the year dealing with patent eligibility under 35 U.S.C. §101.  Unsurprisingly, the Fed Circuit held that the claims lacked patent-eligible subject matter, and concluded the claims were merely isolated formulations of …

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UPC Set to Commence June 1, 2023


At long last, the Unitary Patent (UP) and the Unitary Patent Court (UPC) are set to begin on June 1, 2023.  This has been a long-awaited process, which has seen the roll-out delayed not once, not twice, but three times.  The UP is expected to a major effect on foreign patent prosecution strategies since, by …

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