Machine Learning and Intellectual Property

On March 15, 2016, AlphaGo—a machine designed by researchers at DeepMind, an artificial intelligence laboratory owned by Google—defeated Lee Sedol, the best Go player in the world. Go is a popular board game played by two people; the goal is to surround more points on the board than your opponent. For years, Go had posed a unique challenge to computer scientists. The rate at which possible moves in the game increase was so significant that Continue Reading →

New USPTO Rules for Post-Grant Proceedings

Since the institution of the America-Invents-Act (AIA, the U.S. Patent and Trademark Office (USPTO) has been experiencing growing pains with increasing numbers of post-grant proceedings. In an effort to fine tune the system, on March 31, the USPTO finalized a new set of rules overhauling trial practices affecting America Invents Act post-grant proceedings including inter partes review (IPR), post-grant review (PGR), the transitional program for covered business method patents, and derivation proceedings. (https://www.ptabtrialinsights.com/wp-content/uploads/sites/13/2016/03/final-rules.pdf)  The new Continue Reading →

STLR Link Roundup–March 25, 2016

Update on Apple & the FBI The case between Apple and the FBI has been getting a lot of attention lately, but things might be coming to an end soon. As everyone likely knows, this case has been about the FBI trying to compel Apple to help unlock an iPhone that was used by someone who murdered 14 and wounded 22 people in San Bernardino. On March 21st the Federal Bureau of Investigation filed a Continue Reading →

STLR Link Roundup – March 25, 2016

Supreme Court Will Now Hear Apple v. Samsung Patent Case The U.S. Supreme Court on Monday (March 21) agreed to hear part of the patent case between Apple and Samsung. The Court will consider Samsung’s argument that the damages for infringing a design patent should be based on an assessment of the significance of the design to the overall value of a product. Currently, courts award full value of a product. However, the court refused to Continue Reading →

The PTO’s “Grace Period” for Prior Art Disclosures Under the Leahy-Smith America Invents Act

The Leahy-Smith America Invents Act (“AIA”), signed into law on September 16, 2011, has been considered the most significant change to the United States patent system since 1952. Most notably, the AIA changed the U.S. patent system from a “first-to-invent” to “first-to-file” system, in which priority is given to the first inventor(s) to file their patent application. This change, which applies to all patent applications filed on and after March 16, 2013, helped align the U.S. Continue Reading →

His last bow – CRISPR/Cas9 and possibly the last famous Interference proceeding

The patent fight over the CRISPR/Cas9 system  between Dr. Jennifer Doudna with her employer and assignee UC Berkeley on the one side and Dr. Feng Zhang with MIT and the Broad institute on the other side has gained (almost) as much attention as the Sanders vs. Clinton race. Whereas the latter will be decided no later than July this year at the DNC convention, we may have to wait much longer to know the outcome Continue Reading →

STLR Link Roundup – Feb. 6, 2016

Privacy Shield Data Transfer Agreement On February 2nd Officials from the United States and European Union agreed to a cross-Atlantic data transfer deal called Privacy Shield after three months of negotiations. The negotiations centered around disagreements between European and American regulators on the extent of privacy individuals should be able to expect for their data. The EU and US reached the agreement after the US government made promises that it would not target Europeans to Continue Reading →

Does Lenz v. Universal Music Corp. Affect Copyright Owners §512 Takedown Procedures?

In Lenz v. Universal Music Corp., Nos. 13-16106, 13-16107, U.S. App. LEXIS 16308 (9th Cir. 2015), the Ninth Circuit dealt with an issue of first impression, whether fair use is an “authorization under the law” as contemplated by 17 U.S.C. 512(c)(3)(A)(v). Lenz U.S. App. LEXIS 16308 at 12; Limitations on Liability Relating to Material Online, 17 U.S.C. 512(c)(3)(A)(v) (2015). The court held that §512(c)(3)(A)(v) does require the copyright holders to consider fair use before sending Continue Reading →

WikiLeaks Reveals the Trans-Pacific Partnership’s Expansion of International Copyright Law

WikiLeaks Publishes TPP IP Chapter As the Trans-Pacific Partnership or “TPP” moves closer to becoming a reality , leaked documents of the international trade agreement published by WikiLeaks have sparked concerns that the treaty’s re-envisioning of intellectual property rights could prove detrimental to citizens of signatory nations. The latest version of TPP’s intellectual property chapter, hosted on WikiLeaks servers,[1] details a series of sweeping modifications to the international status quo in regards to copyrights as well as Continue Reading →

Are 3D Printed Tissues and Organs Patentable?

It has been long established, and recently codified in the Leahy-Smith America Invents Act (AIA), that no one is able to obtain a patent on any part of the human body. Examiners are taught to issue 35 U.S.C. 101 and AIA § 33(a) rejections even if claims are directed towards devices that are “attached to” parts of the human body and recommend applicants change the language to “configured to be attached” or something similar so Continue Reading →