Cory Barnes

A Recent Entrance to Copyright Protection: Can AI Qualify as an Author Under U.S. Copyright Law?

By Cory Barnes and Ashtar Abboud on June 10, 2022 Posted in Intellectual Property

Should copyright protection be given for AI-generated inventions? Stephen Thaler, the president and CEO of Imagination Engines, thinks so. The Complaint In 2018, Thaler filed an application to register a copyright for an AI-generated work produced by one of his AI systems, the Creativity Machine. The work, titled “A Recent Entrance to Paradise,” is part … Continue Reading

Monitoring IP Developments in 2022

By Cory Barnes on January 5, 2022 Posted in Copyright, Intellectual Property, Patents

In addition to another year of the pandemic, 2021 brought with it several key developments in the realm of intellectual property (IP) that BakerHostetler has covered in this blog series. We hope readers have found these posts informative and entertaining thus far. Looking forward to 2022, there are a number of issues already teed up … Continue Reading

Federal Circuit Hints at Easier Service of Process on Foreign Defendants

By Cory Barnes on October 8, 2021 Posted in Federal Circuit, Intellectual Property, Patent, Patents

In a recent decision, In re: OnePlus Technology (Shenzhen) Co., Ltd., Case. No. 21-165, Dkt. 20, the Federal Circuit denied China-based smartphone maker OnePlus’ petition for mandamus seeking to direct a Western District of Texas court (Judge Alan Albright) to dismiss the five underlying patent infringement actions for insufficient service of process. The Federal Circuit … Continue Reading

Website Advertisements and Copyright Fair Use

By Cory Barnes on July 15, 2021 Posted in Copyright

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107 is common practice. While the details of any particular case will imbue certain factors with more importance than others, more often than not, copyright plaintiffs are quick to … Continue Reading

Trademark Infringement and Jury Trials in Federal Courts

By Cory Barnes on April 6, 2021 Posted in Trademark

When plaintiffs assert trademark infringement and related actions under the Lanham Act (or state law counterparts), more often than not the complaint will include a demand for a jury trial on all issues so triable, as is standard practice. However, if discovery ultimately reveals, or dispositive motion practice confirms, that a plaintiff has suffered no … Continue Reading

Supreme Court Clarifies Meaning of ‘Full Costs’ in Section 505 of Copyright Act

By Christina Moser and Cory Barnes on March 29, 2019 Posted in Copyright, Copyright Act

In Rimini Street, Inc. v. Oracle USA, Inc.,[1] a unanimous Supreme Court recently held that 17 U.S.C. § 505’s award of “full costs” is limited to the specific categories of costs defined in 28 U.S.C. §§ 1821 and 1920, which exclude expert witness fees, e-discovery expenses and jury consultant fees. “A statute awarding ‘costs’ will … Continue Reading