Publications

AI and The ARP: Patent Eligibility Under Ex-Parte Desjardina

AI and The ARP: Patent Eligibility Under Ex-Parte Desjardina

Are inventions in Artificial Intelligence (“AI”) eligible for patent protection?  A new front has emerged in that question.


Artificial Intelligence and Intellectual Property: A Potentially Explosive Mixture

Artificial Intelligence and Intellectual Property: A Potentially Explosive Mixture

“As a human being, one has been endowed with just enough intelligence to be able to see clearly how utterly inadequate the intelligence is when confronted with what exists.

Abstract building

Paradise Lost? The Jungle of Copyright Protection for AI Output

Paradise Lost? The Jungle of Copyright Protection for AI Output

It has become a modern mantra to state that Artificial Intelligence is everywhere. It has become a cultural fetish, a focus of mass credulity and awe for some


Patent Licensing Outline/Study Guide for Florida Bar Certification Examination in Intellectual Property

Patent Licensing Outline/Study Guide for Florida Bar Certification Examination in Intellectual Property

Assignment - the transfer of the entire right, title, and interest in a patent is an assignment. See Hoffman-La Roche, Inc. v. Teva Pharm.


A Kick in The Pants: Dismissals in Federal Court

A Kick in The Pants: Dismissals in Federal Court

A Kick in the Pants: Dismissals in Federal Court


Did Warhol Transform Prince?

Did Warhol Transform Prince?

That question can arise in a number of situations, including shaving, hatchet throwing competitions and war games.


Threshold Issues in Filing A Complaint in Federal Court

Threshold Issues in Filing A Complaint in Federal Court

None of the material presented herein shall be understood to constitute legal advice, nor to create an attorney-client relationship.


Bars, Experiments, and Threats: Lessons for Engineers Who Deal with Inventions from Energy Heating LLC v. Heat-On-The-Fly LLC

Bars, Experiments, and Threats: Lessons for Engineers Who Deal with Inventions from Energy Heating LLC v. Heat-On-The-Fly LLC

The U.S. Court of Appeals for the Federal Circuit (''the federal circuit'') issued a decision in Energy Heating, LLC v. Heat On-The-Fly, LLC on October 14, 2021.

Glowing from a laptop screen

Exceptionality Based on Persistence in an Unreasonable Litigation Position: Energy Heating LLC v Heat-On-the-Fly LLC

Exceptionality Based on Persistence in an Unreasonable Litigation Position: Energy Heating LLC v Heat-On-the-Fly LLC

The U.S. Court of Appeals for the Federal Circuit (“the Federal Circuit”) issued a decision in Energy Heating, LLC v. Heat On-The-Fly, LLC on October 14, 2021


Aqualung Inferred: Inequitable Conduct in Regeneron v Merus

Aqualung Inferred: Inequitable Conduct in Regeneron v Merus

Jethro Tull’s 1971 album Aqualung starts with the title track, which opens with a rather menacing six-note guitar sequence, rendered twice by Martin Barre.