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IP & Nonhumans: Lessons of Naruto the Monkey on AI

A particular copyright case, although not dealing directly with technology, has fingerprints that lead to one area of technology that shares some legal issues with animals: artificial intelligence....

Fed Circuit Watch: Merck’s Unclean Hands Render Hep C Patents Unenforceable

The doctrine of unclean hands is a judicially-created equitable defense in which equitable relief is denied where that party has acted in a fraudulent manner or in bad faith. Gilead Scis., Inc. v....

Fed Circuit Watch: Post-TC Heartland Gaps Filled

Although the U.S. Supreme Court rendered its decision in T.C. Heartland, LLC v. Kraft Foods Group Brand LLC more than one year ago, which this blog discussed, the contours of its holding are still...

Fed Circuit Watch: Technicality in Rules Does Not Eviscerate Showing Patent Infringement

Because patent infringement is the exclusive jurisdiction of the Court of Appeals for the Federal Circuit, any procedural rules governing the cases are examined under the Federal rules. These...

CannabIP: U.S. Patent No. 9,894,936 B2

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U.S. Patent No. 9,894,936 B2 issued on February 20, 2018, for “Zoned Vaporizer,” to Mark Krietzman. The claims are directed to vape apparatuses, one a full system and the other a portable device....

SCOTUS Watch: No PTAB Partial Review of Claims

In the second of two patent decisions handed down by the United States Supreme Court on April 24, 2018, SAS Inst. Inc. v. Iancu was the less visible of the two cases. However, SAS’s close split...

Geoblocking Required to Avoid Copyright Liability, per D.C. Circuit

Geoblocking is the practice of digitally embedding territorial access restrictions into content distributed across the Internet. At a time when the European Union is legislating anti-geoblocking...

Fed Circuit Watch: District Court Bungles Inventorship Issue, Holds Federal Circuit

In a blend of jurisdictional and patent formality law, James v. J2 Cloud Services, LLC, deals with the question of whether the inventor retained ownership over a patent so he had standing to sue for...

Fed Circuit Watch: Dropped Priority Claim Invalidates Patent

On April 19, 2018, the Court of Appeals for the Federal Circuit handed down Droplets, Inc. v. E\Trade Bank*, in a case dealing with the formal issue of preparing a proper claim of priority in the...

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