On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention. The USPTO explained that while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity. Thus, patent protection may be sought for inventions for which a natural person provided a significant contribution to the invention, and the guidance provides procedures for determining the same.Continue Reading USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence
Eric Caligiuri
Eric Caligiuri advises domestic and international clients through complex intellectual property disputes and transactions. His practice at Weintraub Tobin focuses on intellectual property litigation in federal district courts, California state courts, and before the International Trade Commission (ITC). Mr. Caligiuri is also admitted to practice before the U.S. Patent and Trademark Office and handles patent and trademark prosecution. In addition, Mr. Caligiuri counsels clients on data, privacy, and contract related issues.
The Briefing: Netflix to Pay $2.5M to GoTV for Patent Infringement
Netflix has been ordered to pay GoTV Streaming $2.5 Million in damages for infringing one of its wireless technology patents. Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
Federal Circuit Vacates VLSI’s $2.2 Billion Damage Award Against Intel
On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.Continue Reading Federal Circuit Vacates VLSI’s $2.2 Billion Damage Award Against Intel
The Briefing: Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?
The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing.
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The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey and Eric Caligiuri discuss this case on this installment of The Briefing.
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