Intellectual Property

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 Being
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In 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’ History
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In 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
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