Intellectual Property Report
Applying Antitrust Liability to Standard Essential Patent Conduct
This article discusses standard essential patents and their intersection with antitrust law. The article analyzes case law regarding potential antitrust liability when negotiating licenses for standard essential patents under FRAND commitments, as well as the DOJ's joint Draft Policy Statement on Licensing Negotiations and Remedies for Standards Essential Patents.
Artificial Intelligence as Inventor: DABUS Global Status
Dr. Stephen Thaler is credited with inventing an Artificial Intelligence (“AI”) entity that he called a “Device for Autonomous Bootstrapping of Unified Sentience” (“DABUS”). But the story does not end there. The DABUS entity thereafter went on to generate two new inventions, a food container and a “neural flame,” which Dr. Thaler then used as the basis of several patent applications throughout the world, listing DABUS as the sole inventor.
*This article was published in The Computer & Internet Lawyer in February 2022.
Fourth Quarter 2021 Federal Circuit Law Update
Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant legal points - in order to assist clients seeking to identify recent law relevant to a particular problem.
January 2022 Intellectual Property Report Recap
In case you missed it, here is a recap video of our January 2022 Intellectual Property Report that looked at:
- Retroactive Authorization of Sales and the Doctrine of Patent Exhaustion
- The Federal Circuit's Service Record: The Court Allows Plaintiff to Bypass Hague Convention to Serve Foreign Defendant
- Standard Essential Patents and the Internet of Things - The Evolving Patent Litigation Landscape
- USPTO's Gift for the Holidays: Implementation of Trademark Modernization Act
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