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 …
Author: Yonaxis
Fed Circuit Holds Claims Directed to Milk Not Patent-Eligible Under §101
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 …
Tax Update for Wine, Spirits & Beer Industry
The Craft Beverage Modernization Act (CBMA) was originally enacted in 2017 as part of the Tax Reform Act, and was meant to provide some tax relief for domestic wineries, breweries, distillers, and importers of alcoholic beverages. The tax benefits as enacted in 2017 were set to expire after two years, meaning any tax credits were …
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 …
Copyright Office Partially Cancels AI-Created Work
On February 21, 2023, the U.S. Copyright Office issued an unusual ruling partially cancelling the copyright registration originally issued in September 2022, essentially cancelling any part of the work made by an AI machine. A new registration will be re-issued as to the portions in which the human authorship was confirmed, including the selection, coordination, …
8th Circuit Holds One Block Does Not Infringe Another
On January 24, 2023, the Court of Appeals for the Eighth Circuit held in H&R Block, Inc. v. Block, Inc.,[1] that defendant Block’s trademark was not likely to confuse consumers as to source of the registered service mark of plaintiff H&R Block. This was not a unanimous decision, and one dissent was lodged, noting that …
9th Circuit Expands Service of Process Against Foreign Defendant
On November 14, 2022, in San Antonio Winery, Inc. v. Jiaxing Micarose Trade Co., Ltd.,[1] the Court of Appeals for the 9th Circuit held that process may be effected on a nonappearing foreign defendant in a trademark infringement suit through service upon the Director of the USPTO. This was a case of first impression and …
DOCX Filing Requirement to Begin for Patent Applications
Today is the date in which new patent applications under 35 U.S.C. §111(a) (i.e., any U.S. nonprovisional application) must be filed using the .DOCX format, which is the file extension format used for Microsoft Word documents, as announced by the USPTO in a blog posting on December 19, 2022. This has been in planning for …
9th Circuit Punches the First Amendment into the Bowl
The facts are as follows. The plaintiff, Punchbowl, Inc., is an online greeting card company, using and owning the PUNCHBOWL mark since 2006. The defendant AJ Press is the owner of PUNCHBOWL NEWS, an online subscription-based news blog focused on national politics and US government news. The “punchbowl” metaphor refers to an upside down Capitol …
Fair Use Not Found in Foreign Judgment Case
In the runup to the issuance of the U.S. Supreme Court opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith,[1] which is due sometime in the spring 2023, which will deal with the major issue of transformative use as part of first factor in the four-factor test for fair use under U.S. …