Blurring the Lines: When AI Creates Art Is It Copyrightable? by Stan Gibson In October of 2018, Christie’s sold the work Portrait of Edmond de Belamy for $432,500. None of this, including the price, would be notable if not for the claimed artist. The claimed artist was not a person…
In this patent infringement action, the parties jointly moved the court to enter an order, pursuant to Federal Rule of Evidence 502(d), to allow the parties to claw back the production of not just attorney-client information, but also proprietary and confidential information. To support the request, the parties explained that…
Plaintiff Innovation Sciences, LLC (“Innovation”) initiated a patent infringement action against Defendant Amazon.com (“Amazon”). The original complaint asserted three groups of patents, encompassing a total of ten patents. After the district court found certain of the patents invalid because they were abstract and the Federal Circuit affirmed, Innovation filed an…
After the district court dismissed plaintiff’s patent infringement claims, finding the patents directed to patent-ineligible subject matter, and awarded attorneys’ fees based on the exceptional case doctrine, the Federal Circuit affirmed both determinations. The defendant filed a supplemental motion for attorneys’ fees seeking to recover attorneys’ fees for the appellate…
The plaintiff filed a motion for protective order to prevent the deposition of its litigation counsel. The district court referred the motion for protective order to the special master for resolution. The special master framed the issue as whether, plaintiff’s litigation counsel, Mr. Chae should be required to provide testimony…
Digitech Image Technologies (“Digitech”) asserted U.S. Patent No. 6,128,415, directed to the generation and use of device profiles for digital image processing system against numerous defendants, including Xerox and Fujifilm Corporation. Digitech appealed the district court’s finding on summary judgment that the asserted claims were invalid under 35 U.S.C. §101.…
Accused infringers have long relied on the Declaratory Judgment Act (“the Act”) to bring actions against patent owners to clear any cloud over their accused business activities. To that end, the Act has served as a powerful tool. Accused infringers do not even have to wait to be named as…
In a long-awaited decision, the Federal Circuit ruled en banc to uphold the the de novo standard for appellate review of claim construction issues, which was previously established in another en banc decision, Cybor Corp. v. FAS Technologies, Inc. 138 F.3d 1448 (Fed. Cir. 1998). The facts and procedural background…
Plaintiffs Transunion Intelligence LLC and Trans Union LLC (collectively, “Transunion”) filed a patent infringement action against Search America over two patents that are directed to a computer-implemented method and software that is used to access a person’s eligibility to receive financial assistance for healthcare services. Transunion asserted both direct infringement…
With the Federal Circuit’s recent decision in Akamai Techs., Inc. v. Limelight Networks, Inc., 2012 U.S. App. LEXIS 18532 (Fed. Cir. Aug. 31, 2012), the elements for proving inducing infringement changed significantly. As a result, we can expect that a number of plaintiffs in pending patent cases will seek to…