Intellectual Property

Last week, Judge Alan Albright denied Hyundai’s motion to dismiss StratosAudio’s patent infringement claims for improper venue.  Although Hyundai does not directly control any regular and established place of business in the Western District of Texas, it does have authorized dealers there.  Based on the contractual control exerted over those dealerships by Hyundai, Judge Albright […] The post Judge Albright: Regular and Established Place of Business of Hyundai at Authorized Dealers appeared first on Carstens & Cahoon.…
On August 6, 2020, Dr. Stephen Thaler filed a lawsuit against the Director of the United States Patent and Trademark Office. At the heart of the dispute, is the USPTO’s recent conclusion that Artificial Intelligence (AI) cannot be an inventor. I am not surprised by USPTO’s conclusion given the current state of the law, or […] The post AI Inventorship and Intellectual Property – Would You Like to Pay Rent to a Machine? appeared first on Carstens & Cahoon.…
The world is enduring the onslaught of COVID-19 and to date, an estimated four million have died as a result.  But parts of the world are moving into a post-pandemic state due to effective vaccines.  The Pfizer, Moderna and Johnson & Johnson vaccines are each highly effective at preventing hospitalization and death from COVID-19.  But […] The post COVID-19 Vaccines, Patents and Human Rights appeared first on Carstens & Cahoon.…
Texas Rules Now Allow Substitute Service Via Social Media The global pandemic of coronavirus has changed the face of law practice today. With the need for social distancing, parties, attorneys and judges alike have all become accustomed to holding hearings, depositions, and other legal proceedings via video conferencing. And as technology continues to shape the practice of law, the Texas Rules of Civil Procedure now allows for substitute service on a defendant via social media. Perfecting Substitute Service of Process Via Social Media Platforms Via legislative mandate, SB 891 (2010) and TCPRC § 17.033c—if substituted service of citation is authorized…
USPTO Proposes Changes for Requirements to Qualify for the Patent Bar On Tuesday, March 23, 2021, the United States Patent and Trademark Office (USPTO) published a Request for Comments to ask for public input of proposed changes to the General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office. Current Eligibility Requirements Three main categories are used to show eligibility: Category A “Bachelor’s Degree in a Recognized Technical Subject” Category B “Bachelor’s Degree in Another Subject” Category C “Practical Engineering or Scientific Experience” If an applicant’s bachelor’s…
The law regarding obviousness, like a pendulum, has swung over time between favorable to unfavorable positions depending upon one’s perspective.  In 1952, the requirement that an invention be “nonobvious” was codified in Section 103 of the Patent Act.  In 1966, the Supreme Court issued its seminal decision in Graham v. John Deere 383 U.S. 1 […] The post Possible Limit on the Use of “Common Sense” to Invalidate a Patent Claim for Obviousness Based on a Single Reference appeared first on Carstens & Cahoon.…
Apple Privacy Labels Now Required on All Apps in the Apple App Store In the past few months there has been a lot of sparring over new Apple privacy labels as they require companies that have apps in the Apple App Stores to comply with Apple’s new policy of disclosing to users what type of data they may be collecting on the user and whether that data can be linked to the user. What Are Apple Privacy Labels?  Since Apple rolled out these new privacy labels, many have likened Apple’s privacy label to FDA nutrition labels in that they show a user…
Cosplay in Japan Faces New Copyright Law Japan shocked a large population of their country this year by announcing that the popular hobby of cosplay would now be subject to Japanese copyright law. As Japan is seen as the Mecca for cosplayers and has been known to use “cosplay ambassadors” in the past, this new announcement seemed ominous for cosplayers across the globe. What Exactly is Cosplay? “Cosplay” is a popular hobby and a portmanteau for the words “costume play.” In order to cosplay, one generally dresses up identically to a character in popular culture, mimicking their entire costume and…
A recap of Klemchuk LLP blog posts that made the weekly Texas Bar Today “Top 10 Blog Posts” in February 2021. Credibility During Zoom Trials, Hearings, & Depositions As the use of virtual hearings and trials continue, attorneys can present with confidence and show credibility in remote settings by following some basic tips in presentation, preparation, and organization. Investing with Robinhood: The Allure and Controversy Investing with the Robinhood app has gained much interest due to commission-free investing, but it has now gained additional attention with the GameStop trading controversy. You may also be interested in:…
The Popular Discord Platform Has Been Targeted by a Patent Troll, Sued for Patent Infringement Claims Last week brought bad news for gaming fans of the popular messaging platform, Discord.  In a case filed on February 26, 2021, patent troll, Coretek Licensing, LLC. sued Discord, Inc., the company behind their popular eponymous messaging platform, Discord.  In the lawsuit, Coretek alleges that the Discord platform has infringed upon multiple patents they own, specifically patents that cover wireless networking technology. Discord Platform Popularity While most of the general public may not be familiar with the Discord name, Discord, Inc. has been around since 2015,…