ARE Patent Alert: U.S. Supreme Court Issues Ruling on Enablement of Functionally Claimed Composition Claims
On May 18, 2023, the U.S. Supreme Court issued its decision in Amgen, Inc. v. Sanofi et al., No. 21-757, 598 U.S. ____ (2023), unanimously affirming the Federal Circuit’s invalidation of Amgen’s claims to a broad class of antibodies for lack of enablement. Although some observers have lamented that the opinion marks a shift in […]
ARE Trademark Law Alert: Metabirkins NFTs Found to Infringe Hermès’ Trademark Rights
Earlier today, a federal jury held artist Mason Rothschild liable to Hermès International for trademark infringement, trademark dilution, and cybersquatting based on Rothschild’s creation and online sale of the Metabirkins series of non-fungible tokens (“Metabirkins NFTs”). See Hermès International v. Rothschild, No. 22-CV-00384 (SDNY filed Mar. 2, 2022). As we previously reported, Hermès alleged in […]
ARE USPTO Alert: USPTO Adopts Shorter Deadline to Respond to Office Actions for Trademark Applications
On November 17, 2021, the United States Patent and Trademark Office (USPTO) published a final rule implementing provisions of the Trademark Modernization Act of 2020 (TMA). One important new aspect of the rule, which applies to most trademark Office Actions issued on or after December 3, 2022, cuts the deadline to respond to Office Actions […]
ARE Copyright Alert: Supreme Court Rules That Unintentional Mistakes of Law, Like Mistakes of Fact, Are Entitled to Be Considered Under the Copyright Registration Safe Harbor Provision
On February 24, 2002, the Supreme Court held that an unintentional mistake of law was entitled to the benefit of the Copyright Act’s safe harbor provision, § 411(b)(1)(A). Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20-915, 595 U.S. (Feb. 24, 2022).Justice Breyer delivered the opinion of the Court in a 6-3 decision, […]
SSRN Features Article by Charley Macedo and LES Annual Meeting Co-panelists on How to Identify, Prepare and Package Data for Monetization in AI
SSRN recently featured an article written by ARE Law partner Charley Macedo and his co-panelists from the 2021 Licensing Executives Society USA and Canada Annual Meeting. The article, “How to Identify, Prepare and Package Data for Monetization in AI,” originally appeared in les Nouvelles, the Journal of the Licensing Executives Society, Volume LVI No. 3 […]
ARE PTAB Alert: Federal Circuit Corrects Law on IPR Estoppel to Also Apply to All Grounds Not in IPR But Could Have Been Included
This article has been updated to reflect an errata opinion limiting the scope of the Federal Circuit’s decision.One of the important trade-offs included in the American Invents Act with respect to inter partes review (“IPR”), was that in exchange for establishing a faster, more efficient procedure for the USPTO to reconsider patentability in the form […]
ARE Copyright Alert: California Court Differs from NY – Applies Server Test to Rule That Embedding Posts Does Not Constitute Copyright Infringement
Is it copyright infringement to embed a link to a work posted on Instagram? Two recent courts, in two different circuits, have come to opposite conclusions. In a nutshell, the legal question asks if it’s copyright infringement when an online use, such as in an article, simply copies an Instagram page link (or Twitter, […]
Event Spotlight: Hot Topics in U.S. Copyright Law with Oxford University Press
In this webinar, moderated by partner Charley Macedo, and joined by a team of IP attorneys from Amster, Rothstein & Ebenstein, including partners Anthony Lo Cicero, Chester Rothstein, Douglas Miro, Holly Pekowsky, and associates David P. Goldberg, Christopher Lisiewski, Olivia Harris and Chandler Sturm, Devin Garrity and law clerk Thomas Hart will summarize and discuss […]
ARE Copyright Alert: New York Court Rules That Embedding Copyrighted Works Constitutes Copying Within the Meaning of the Copyright Act
In a series of alerts published in 2020, we discussed the evolving law which governs embedding, through Instagram’s API, Instagram photos on third-party websites. As we formerly discussed, Boesenshowed that fair use may allow news sites to embed photos, particularly where the sites are reporting on the posts themselves, and not the content depicted in […]
Amster Rothstein & Ebenstein Lawyers Continue Service as New York Intellectual Property Law Association Volunteers With Key Leadership Roles
ARE Law is proud of our longstanding history of volunteerism with the New York Intellectual Property Law Association (NYIPLA). At today’s Annual Meeting, ARE lawyers were elected to the following leadership positions at the NYIPLA: David Goldberg – Board Member and liaison to the Amicus Briefs Committee Tony Lo Cicero – Co-chair, Legislative Action Committee […]