On April 5th, 2021, the Supreme Court of the United States reversed the U.S. Court of Appeals for the Federal Circuit, finding that Google’s copying of 11,500 lines of “declaring” code from the Application Programming Interface of Oracle’s Java SE program constituted fair use under copyright law. The case of Google LLC v. Oracle America, […]

All of us at Abelman Frayne & Schwab hope that you, your family and friends, and your colleagues are staying safe and healthy during these difficult times. Although all workers in nonessential businesses in New York City, including law firms, are required to stay home in an effort to combat the spread of COVID-19, we […]

On December 11, 2019, writing for a unanimous Court Judge Sotomayor ruled that the language in Section 145 of the Patent Act, 35 U.S. Code § 145, that provides that the prevailing party is entitled to “all expenses of the proceedings” does not authorize reimbursement of the PTO’s attorneys’ fees. Peters v. NantKwest, 589 U. S. […]

Today powerful computers perform computationally intensive processes similar to the cognitive functions we associate with the human mind, such as learning and problem solving. This is sometimes referred to as Artificial Intelligence (“AI”). As AI plays an ever increasing role in the development of potentially patentable inventions questions of inventorship and novelty arise. In August […]