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

On May 18, 2023, the U.S. Supreme Court released its long-awaited decision in Amgen Inc. v. Sanofi, which touches on a formal requirement for patentability, the enablement requirement. In a...

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

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...

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

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....

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

On February 13, 2023, in ChromaDex, Inc. v. Elysium Health, Inc., the Court of Appeals for the Federal Circuit issued its first opinion of the year dealing with patent eligibility under 35 U.S.C....

Tax Update for Wine, Spirits & Beer Industry

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The Craft Beverage Modernization Act (CBMA) was originally enacted in 2017 as part of the Tax Reform Act, and was meant to provide some tax relief for domestic wineries, breweries, distillers, and...

UPC Set to Commence June 1, 2023

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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...

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...

8<sup>th</sup> 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., that defendant Block’s trademark was not likely to confuse consumers as to source of the...

<strong>9<sup>th</sup> Circuit Expands Service of Process Against Foreign Defendant</strong>

On November 14, 2022, in San Antonio Winery, Inc. v. Jiaxing Micarose Trade Co., Ltd., the Court of Appeals for the 9th Circuit held that process may be effected on a nonappearing foreign defendant...

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...

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