01 April

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CONSIDERATIONS BEFORE APPLYING FOR A PATENT

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If you have an invention you have been working on and you want to sell it or are already selling it, you might be thinking about getting a patent. You’ll need a patent for your invention to ensure that no one can steal your invention and use it as their own to generate profits. However, getting a patent is a complex undertaking that requires you to consider a number of factors. This is where the legal counsel of an intellectual property attorney comes into play. A knowledgeable attorney can help you analyze your situation and determine what patent protection options are available to...

22 March

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UNDERSTANDING PATENTS, TRADE SECRET, TRADEMARKS, SERVICE MARKS & COPYRIGHTS

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UNDERSTANDING PATENTS, TRADE SECRET, TRADEMARKS, SERVICE MARKS & COPYRIGHTS

Today's business landscape is highly competitive and crowded. Everyone is searching for an ideal market strategy to help them stand out from the competition. While trying to achieve this, the last thing you want is for another person or business to use or reproduce your work without your permission. Patents, trade secrets, service marks, trademarks, and copyrights are important intellectual property (IP) tools used by individuals and business entities to distinguish their products, services, or brands and protect their original works and ideas. However, the kinds of protections afforded by each IP tool are relatively different. COFFYLAW, LLC is dedicated to providing...

15 March

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UPDATE ON ARTIFICIAL INTELLIGENCE (AI): USPTO FILES OPPOSITION BRIEF AT THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC) TO AFFIRM DECISION THAT AI CANNOT QUALIFY AS AN “INVENTOR.”

Posted by coffylawpro

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March 15, 2022 - The case at issue is STEPHEN THALER, Plaintiff-Appellant, v. ANDREW HIRSHFELD, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), UNITED STATES PATENT AND TRADEMARK OFFICE, Docket 21-2347 (Thaler v. Hirshfeld). It originated from the Eastern District of Virginia under Docket # 1:20-cv-00903. On September 3, 2021 the Eastern District of Virginia, ruled that under the Patent Act, an Artificial Intelligence (AI) machine cannot qualify as an “inventor.” The case involved two (2) patent applications that Stephen Thaler filed with the United...

11 February

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The Elements of A Patent Infringement Claim

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Protections for people’s inventions and original works are guaranteed in the Patent and Copyright Clause of the U.S. Constitution, which empowers Congress to “promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Specifically, the Constitution of the United States gives Congress the power to enact laws relating to patents, in Article I, section 8, which reads "Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive...

08 December

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A Miami, FL Jury Awarded $100 million in Bitcoin Dispute

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On Monday December 6, 2021, Craig Wright who claimed to be the inventor of bitcoin largely prevailed in a Florida jury trial. The issues in dispute included conversion, misappropriation, replevin, breach of fiduciary duty, breach of partnership and unjust enrichment. The complaint was filed in the Southern District of Florida on February 14, 2018. The trial began on November 1st. The plaintiff, Ira Kleinman, is the personal representative of the Estate of David Kleinman who was a computer forensic expert and may very well have been the co-inventor of bitcoin. In April 2013, a few months prior to bitcoin’s launch David...

04 November

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Cyber Security

Posted by coffylawpro

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Last year was a year like no other in a variety of ways—none more significant than its effect on businesses large and small. The abrupt shift to remote work and the sudden pivot to cloud-based platforms meant then, as it does now, that cybersecurity has never been more important for day-to-day operations. The truth is businesses like yours are at risk—increasingly so—every day. There’s just no other way to say it, and the latest 2020 statistics compiled by Comparitech and Varonis back it up. I combed through many, but wanted to share a few that stood out—one above all the rest: “Since the pandemic began, the...

21 September

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Alice Corproration Pty. Ltd v. CLS Bank International, et al.

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In a unanimous decision issued on June 19, 2014, the U.S. Supreme Court held that the patent claims in Alice Corporation Pty. Ltd v. CLS Bank International, et al. (“Alice Corp”) are not patent-eligible under 35 U.S.C. §101. The patents at issue comprise a chain of patents made up of a parent namely, 5,970,479 (‘479) and several CIPs (continuation-in-part). The family of patents is directed toward “Methods and Apparatus Relating to the Formulation and Trading of Risk Management Contracts.” Specifically, the patents disclose a scheme for mitigating “settlement risk,” in which a computer system is used as a third-party intermediary between...

21 September

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Artificial Intelligence (AI): An Over View

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Artificial intelligence (AI), a branch of Computer Science, is a constellation of technologies generally grouping two (2) main technical fields namely, symbolic learning (SL) and machine learning (ML). Artificial Advances in hardware enable AI implementation. Such advances will likely facilitate innovation and thereby expand the field of AI. AI attempts to mimic human intelligence. For example, a human navigates the outside world moving from place to place and all the while making decision by using sensory data like sounds recorded by the ears, image and symbols captured by the eyes, temperature sensed by the skin and smell perceived by the nose....

26 August

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Non-Compete and Executive Order on Promoting Competition in The American Economy

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I’ve had a few clients reach out with questions regarding the recent executive order President Biden signed addressing non-competes, and thought I’d reach out to provide some clarity. As always, I’m here to answer any questions you may have. While this recent order isn’t a nationwide ban per se, it seems the days of non-competes could still be numbered. Here’s what you need to know about the Executive Order on Promoting Competition in the American Economy signed by President Biden in early July: The executive order laid out over 70 initiatives aimed at promoting competition and workers’ interests. One of those initiatives asked the Federal...

07 August

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Embedding Images Can Infringe Copyrights

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On December 7, 2020, in the Southern District Court of Manhattan, Paul Nicklen and Cristina Mittermeier filed a complaint against a host of defendants too numerous to list here accusing the defendants of “embedding and/or displaying Plaintiff Nicklen’s Video and, in four instances, Plaintiff Mittermeier’s photo. The case is styled: “Nicklen v. Sinclair Broadcast Group – 1:20-cv-10300.” The complaint was subsequently amended on December 10, 2020. “Paul Nicklen a resident and domiciled in Canada is an iconic, renowned Canadian photographer, filmmaker and marine biologist. Nicklen's work is regularly featured in National Geographic Magazine, the New York Times, and many other publications...