In a recent decision, Thaler v. Vidal, 2022 WL 3130863 (Fed. Cir. Aug. 5, 2022), the U.S. Court of Appeals for the Federal Circuit held that only a human being – and not, as asserted in this case, an artificial intelligence – may be an “inventor” within the meaning of the Patent Act (Title 35…
Read More Sorry, Robots: An “Inventor” on a Patent Application Must be a Human BeingIn Coston v. Product Movers, 1990 WL 56516 (E.D.Pa. 1990), a copyright infringement action, the court held that the “idea of Santa Claus” is not protectible, and additionally provides us, via the legal mechanism of “judicial notice”, the following historical background: Pursuant to Fed.R.Evid. 201, I take judicial notice of the fact that Santa Claus…
Read More Court Takes Judicial Notice of Santa Claus’ HistoryIn Horror Inc. v. Miller, 15 F.4th 232 (2d Cir. Sept. 30, 2021), the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision holding that screenwriter Victor Miller held authorship rights with respect to the movie Friday the 13th. From the decision: This dispute concerns whether, for Copyright Act purposes, the…
Read More “Friday the 13th” Screenwriter Victor Miller Had Authorship Rights, Court Holds