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- Please Don’t Call Me a ‘Genus’: The High Bar for Section 112 in the Unpredictable Arts as Illustrated by In re XencorThe case law distinguishes between so-called “unpredictable arts” (e.g., the biological, chemical, and pharmaceutical arts) and “predictable arts” (e.g., electrical and mechanical arts) for purposes of Section 112 analysis for the very reason that one is considered “predictable” while the other, “unpredictable.”
- Second Circuit Finds Marvin Gaye and Ed Sheeran Similarities Too Unoriginal for Copyright ProtectionLate last week, the U.S. Court of Appeals for the Second Circuit issued a ruling in Structured Asset Sales, LLC v. Sheeran affirming the Southern District of New York’s dismissal of copyright infringement claims filed against British singer-songwriter Ed Sheeran over his 2014 single “Thinking Out Loud.” Assessing arguments made by a co-rightsholder to Marvin…
- In the Final Round of Harris vs. Trump: Who is Better for IP Rights?As the United States gears up for the 2024 presidential election in two days, many in the IP community have been asking who would be better for IP rights? The question about whether a Harris Administration or second Trump Administration would be better on intellectual property rights from the perspective of rights holders is largely…
- Understanding IP Matters: Singer-Songwriter Says AI Could Turn Content Providers Into an Endangered SpeciesSinger-songwriter and cultural maven Elizabeth Nelson discusses the importance of creativity and musician survival to our society on the latest episode of Understanding IP Matters (UIPM). As the role of AI in the creative process changes rapidly, Nelson discusses her advocacy to educate on the importance of a robust, artistic community. Nelson is the lead…