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INNOVATE Magazine

INNOVATE is the online magazine by and for AIPLA members from IP law students all the way through retired practitioners. Designed as an online publication, INNOVATE features magazine-like articles on a wide variety of topics in IP law.

The views and opinions expressed in these articles are those of the authors and do not necessarily reflect the views or positions of AIPLA.

Articles

In This Section

  • A Track I to PTA delay, delay, delay

    Written by Todd Martin on December 16, 2024

    For many of us, a Track I case means quick, efficient examination with a prosecution resolution in less than a year, with a patent grant potentially within 3 to 6 months. Like business class travel, if you want the special service, you typically have to pay for it. For Track I, those fees are presently $4,200 (large entity), or $1,680 (small entity).
  • Reassessing the Right to Copy and Use a Product or Process of an Expired U.S. Patent in View of Allergan

    Written by John D. Vandenberg on December 16, 2024

    In 1997, I stated in measured tones to a panel of the Federal Circuit that U.S. patent law creates a right to copy and use designs described but not claimed in a U.S. utility patent, quoting the Supreme Court[1]. Judge Rich responded in unmeasured tones: “I wrote the patent laws, and they have no right to copy!” We were both right, but only Judge Rich, naturally, wrote the opinion.[2]
  • Where Are All the Software Output Lawsuits?

    Written by Evan Zimmerman on December 16, 2024

    Intellectual property rights have a general requirement that they come from people. In patent law, this is called inventorship. In copyright law, authorship. Although these rights can be assigned to corporations, in general the position of nearly every government office is converging on the opinion that inventors and authors must be people. The stakes are particularly high because failing to include an individual inventor or author means the death of that IP.
  • Exposing the Flaws: Dystopian Science Fiction as a Critique of Intellectual Property Laws

    Written by Daniel Mendoza on December 16, 2024

    Dystopian science fiction frequently portrays exaggerated and speculative scenarios that serve as critical commentaries on intellectual property (IP) laws. By envisioning grim futures shaped by unchecked technological and societal advancements, these narratives provide a unique perspective on the shortcomings and societal impacts of current IP systems. This analysis employs comparative literature and thematic exploration to examine how seminal films and novels, such as Gattaca (1997), The Running Man (1982), Minority Report (2002), and Neuromancer (1984), expose issues such as monopolistic control, stifled innovation, and ethical dilemmas associated with IP laws. Through these works, we see how IP regulations can deepen economic disparity, restrict access to technology, and hinder creativity. The study advocates for broadening research into additional sci-fi works and integrating interdisciplinary approaches to inspire innovative legal reforms. By dramatizing potential consequences, science fiction plays a critical role in reshaping IP laws to enhance fairness, innovation, and accessibility.
  • Saga of American Live Sporting Events, Streaming Platforms, and Cybersecurity Law

    Written by Misha Solodovnikov on July 5, 2024

    The global Over-The-Top (OTT) Sports[1] Streaming market[2] is projected to soar to $325 billion by 2024 and $420 billion by 2028[3]. However, amidst this growth[4], the industry faces staggering losses. Key players in the streaming market include Paramount+, ESPN+, Peacock, Prime Video, Apple TV+ and regional streaming services such as Monumental Sports. Sports content stands as the final stronghold within the linear TV ecosystem, dominated by live events such as the Super Bowl and NCAA's March Madness, which collectively commanded over 95% of viewership last year.
  • Found in Space: Patented Technologies of NASA on Earth and Beyond

    Written by Elijah E. Cocks on July 5, 2024

    Space exploration takes innovation. Overcoming the challenges of reaching the final frontier requires constant development of creative solutions. Space agencies, like NASA, have generated and implemented novel technologies for many spacecraft applications, from Earth’s orbit to interstellar space. But what about the impact here on Earth of these technologies?
  • AI Aids for Patent Prosecution - Product Review

    Written by Henry H. Perritt, Jr. on July 5, 2024

    Patent search and drafting of patent applications are good uses for generative AI, popularized by Chat GPT. The subject matter is well defined, and the publicly available database of patents and patent applications is enormous, facilitating good machine learning with large language models used by Chat GPT and its competitors.
  • Green Drive: Patents Fuel Japan’s EV and Hybrid Technology Surge

    Written by Mayo Komiyama on July 5, 2024

    Vehicles play a central role in both logistics and daily activities. Known for its leadership in sustainable transportation, Japan's automotive industry is at the forefront of developing electric vehicle (EV) and hybrid electric vehicle (HEV) technologies. This article explores how these elements are driving innovation and green practices in the industry, including key collaborations among automakers, strategic patent filings, and the environmental impact of EVs and HEVs.
  • Patent Rights Exhaustion in Mexico

    Written by Claudio Ulloa and Mariana Gonzalez on July 5, 2024

    Exhaustion of intellectual property (IP) rights refers to the principle that once a copyrighted work, patented invention, or trademarked product has been sold or otherwise legally transferred to a buyer, the rights of the IP holder with respect to that specific item are "exhausted." In other words, the IP owner's control over the further distribution or use of that specific item is limited.
  • The Patent Term Adjustment Dilemma in an Obviousness-Type Double Patenting Analysis

    Written by Babak Akhlaghi on July 5, 2024

    This Federal Circuit case delves into the realm of an obviousness-type double patenting (ODP) rejection. An ODP is a US court-created doctrine that restricts applicants from obtaining multiple patents for the same invention. See, In re Lonardo, 119 F.3d 960, 965 (Fed. Cir. 1997). This prevents applicants from extending the period of exclusivity by obtaining a second patent that is obvious over the first, and hence, not patentable over the first patent. To overcome the ODP rejection, a patent applicant can file a terminal disclaimer to disclaim any overlapping terms between the two patents. Interestingly, this case explores whether a Patent Term Adjustment (PTA), which compensates for delays by the USPTO in granting a patent, affects an ODP analysis. The PTA extends the patent's lifespan beyond the standard 20 years from filing. Imagine a scenario where two related patents would have expired simultaneously, but one receives a significant PTA. Can the earlier expiring patent be used to reject the later expiring patent based on double patenting?
  • Tricky Ticket Websites

    Written by Jamie Clark on January 12, 2024

    Picture this scenario: You discover that your favorite artist has announced a long-awaited tour, the must-see musical is coming to your town, or the top mixed martial artist is facing off against their fiercest rival. Excitedly, you go online and enter the artist’s, musical’s, or fighter’s name into the search bar, and to your astonishment and good fortune, the top search results display available tickets! You click on the website and make your purchase, only to later realize that the tickets aren’t officially on sale yet or that you’ve paid significantly more than the going ticket price. Or, to make matters worse, you arrive at the venue and present your tickets, only to be told that your assigned seats don’t exist. What happened? How is this possible? You bought your tickets from the venue’s website, or so you thought.
  • Tribal Sovereign Immunity and Piracy: From Blackbeard to Copyright

    Written by Kehl Van Winkle on January 12, 2024

    At the height of the “Golden Age of Piracy,” Edward Teach, better known by his infamous moniker Blackbeard, lost his ship, Queen Anne’s Revenge, in a shipwreck off the coast of the South Carolina port of Beaufort. At the time Beaufort was a small, poor, village with people who lived under “constant threat from the Indians of the area.” Over 200 years after the sinking of Queen Anne’s Revenge, a marine salvage company discovered the wreckage of Blackbeard’s lost ship.
  • Cryptocurrency Regulation: Striking a Balance for Innovation

    Written by Misha Solodovnikov on January 12, 2024

    The world of cryptocurrency and blockchain technology has been nothing short of revolutionary. In just over a decade, we've witnessed the rise of over eleven thousand cryptocurrencies, each with its own unique proposition and potential. This dizzying pace of innovation, however, has outpaced the development of appropriate regulatory measures, leaving the industry in a state of uncertainty and ambiguity.
  • Japanese Patent Covered a US Server - The IP High Court (IPHC) En Banc Decision

    Written by Aki Ryuka on January 12, 2024

    Whether a Japanese patent covers an overseas server was litigated in Dwango v. FC2 (IPHC, May 26, 2023) (en banc). The patented system included a server and user terminals. Although FC2, Inc. in the US provided streaming media services with real-time user comments from a server in the US to the terminals in Japan, it was held that FC2 infringed Dwango's patent.
  • The Progress of Technology, by the (Patent) Numbers

    Written by Elijah E. Cocks on January 12, 2024

    Innovation is embedded in the founding framework of the United States. From its ratification in 1788, the U.S. Constitution emphasized the effort “to promote the Progress of Science and useful Arts” that resulted in the formation of the U.S. Patent Office (and the U.S. Copyright Office). More than 230 years later, the U.S. Patent and Trademark Office (USPTO) has recently issued the 1 millionth design patent, and the grant of U.S. utility Patent No. 12,000,000 is right around the corner, expected in Spring 2024.
  • Decoding Reasonable Expectation of Success in Obviousness Determination

    Written by Babak Akhlaghi on January 12, 2024

    In order for an invention to be patentable under the U.S. patent regime, it must be both novel and non-obvious. Novelty, in this context, refers to whether the invention is considered to be in the "public domain" under the law. The test for novelty is defined in 35 U.S.C. §102. The invention is considered to fail this test if a single prior art reference, such as a previous patent or publication, shows the same invention.
  • Revisiting Divisional Patent Applications: The Plurality of Inventions Debate in India

    Written by Divyendu Verma on January 12, 2024

    In India, divisional applications can be filed under certain conditions, and these conditions are primarily governed by Section 16 of the Indian Patents Act, 1970.
  • Patenting Taylor Swift

    Written by Tom Waters on June 21, 2023

    Taylor Swift had a good year in 2022. She dropped a new album and completely took over Billboard’s Top Ten list, the first artist in history to do so. She followed that by announcing a new world tour for 2023, the first in five years, (though Ticketmaster bungled the ticket sales). Still, a very good year. So good, she was almost patented.
  • I Know it When I Label It: Artificial Intelligence as a Solution to Unpredictable Musical Copyright Litigation

    Written by Angelyn Gemmen & S. Sean Tu on June 21, 2023

    This article suggests that artificial intelligence may help define the current test for copyright infringement. Currently, the test for copyright infringement requires the jury or a judge to determine whether the parties’ works are “substantially similar” to each other. The “substantial similarity” test has been criticized due to its inconsistent nature. Using an AI algorthim to help determine substantial similarity could allow stakeholders to predictably establish copyright infringement. AI would provide a means of determining substantial similarity that is less biased and more fact driven while giving artists the ability to check if their work could be infringing before releasing it to the public.
  • Prosecution History Estoppel: Differences in Regulations between U.S., China, and Taiwan and Suggested Strategies

    Written by George Jui-Hsien Huang on June 21, 2023

    While prosecution history estoppel (“PHE”) is common in patent infringement litigation in many countries, each country has different regulations and court practices in regard to claim interpretation in view of the prosecution history, limitations of PHE on the doctrine of equivalents (“DOE”), and the effects of the prosecution history of related cases, etc. We discuss in this article how PHE operates and how it is applied in the U.S., China, and Taiwan, and offer our suggestions.

 

 

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Innovate Volume 18 Timeline

submit articles to innovate@aipla.org

Submission Window Open

January 3, 2025

Submission Deadline

April 11, 2025

Publication Date

June 13, 2025


 

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