Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? The Federal Circuit recently addressed this issue in Thaler v. Vidal. Continue Reading AI Systems May Invent, But Are They Inventors?

In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, and specifically on the Server Test. Considered one of the top copyright cases to watch, Hunley deals with the practice of “embedding” and its copyright implications.

Continue Reading The Briefing by the IP Law Blog: Is the Server Test Ready for a Reboot? (Video and Podcast)

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by the 9th Circuit in Perfect 10, Inc. v. Amazon.com Inc., now rejected by a number of courts.

Continue Reading Is The Server Test Ready for a Reboot?

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe’s use of the Space Needle’s image in its logo.

Continue Reading The Briefing by the IP Law Blog: Seattle Space Needle Pokes at Local Coffee Shop’s Logo