Many divorced individuals wish they had more seriously considered pre or post-nuptial agreements that govern division of assets prior to marital strife occurring. However, when it comes to certain assets like a trademark, dividing ownership may result in harm to the mark/brand.READ MORE
Inventorship of AI-made Inventions: A World Status
A number of decisions relating to the designation of Artificial Intelligence (AI) as inventor have been recently issued in several jurisdictions, including the US and Europe. So far, only two jurisdictions, South Africa and Australia, have accepted this designation, whereas the position of Asian countries is still unknown. While a different approach is not to be excluded in the future due to the increasing number of patent applications filed in the AI field, applicants should be aware that a refusal of applications whose one of the inventors is an AI is currently the most likely outcome at least in the US and Europe. READ MORE
Recently, the Slovenian government deposited its instrument of ratification for the Protocol on the Provisional Application of Unified Patent Court Agreement and the UPC Agreement itself. This deposit followed German ratification of the PPA and the German President’s signature of the UPC Agreement and Protocol. Everything is now legally set for Germany’s ratification of the UPC Agreement. We are closer to the possible launch of the UPC, but how much closer?READ MORE
In SRI Int’l, Inc. v. Cisco Sys., Inc., the U.S. Court of Appeals for the Federal Circuit recently clarified that the standard for willful infringement is different from that for enhancement of damages. Specifically, a finding of willful infringement requires “no more than deliberate and intentional infringement,” whereas an enhanced damages award is reserved for more egregious conduct rising to “the level of wanton, malicious, and bad-faith behavior.” Thus, a finding of willful infringement does not necessarily warrant an award of enhanced damages. READ MORE
Please join us in congratulating our esteemed colleague Louis Bonham on his 20-year work anniversary at Osha Bergman Watanabe & Burton. It is a privilege to work with you.