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Abraham Lincoln is the only U.S. president to hold a patent. Indeed, in 1849, Honest Abe received U.S. Patent No. 6,469 for a “Manner of Buoying Vessels.” This patent envisioned a device for lifting boats over shoals. Lincoln was inspired during a trip traveling across the Great Lakes during which the steamboat ran aground on a sandbar. The captain of this boat improvised by emptying barrels and boxes and forcing them under the sides of the boat, thereby buoying it up. Prior to this, steamboats would discharge cargo and people when they got stuck in shallow water. This invention, however,…

This summer, the United States Patent and Trademark Office (USPTO) anticipates the 10 millionth patent will issue. Over the span of these last 9 million-some-odd patents, the patent system has experienced significant changes and developments. This first Patent Act was put into place in 1790, merely one year after ratification of the Constitution and formation of the new government. Based on Congress’ power to grant writers and inventors exclusive rights to their works in order “to promote the Progress of Science and useful Arts,” this Act provided a 14-year expiration for patents and vested the power to grant patents in…

Earlier this month, U.S. Patent No. 9,908,760 was granted to Wal-Mart Stores, Inc. for “Shopping facility assistance systems, devices and methods to drive movable item containers,” which in essence, covers a robot shopping cart. The shopping cart is depicted as a typical cart with a motor attached to the bottom and includes sensors and cameras. The sensing device thereon allows the shopping cart to communicate with a mobile device and help shoppers navigate through the store. Consumers using a “user interface device,” such as a smart phone, can request a cart, which is then fetched via a roaming motor and…

In an initiative to punish China for persistent intellectual property theft and bolster the American economy through job creation, President Donald Trump is prepared to impose $60 billion per year in tariffs against over 100 Chinese products. Last August, President Trump ordered an investigation by the United States Trade Office into China’s improper transfer of American technologies to Chinese companies. It has been estimated that intellectual property theft costs America upwards of $600 billion a year and China accounts for most of this loss. This theft not only harms economic growth but also costs Americans jobs, weakens our military capability,…

Saint Patrick’s Day started as a religious holiday for honoring the patron saint but is now a more general celebration of Irish culture. Certain items commonly associated with the holiday are subject to intellectual property protection. Indeed, in 1993, shamrock shaped sunglasses, worn by many celebrators, were patented. Additionally, “Green Coloured Beer and Method for Production Thereof” is also the subject of a patent using blue food coloring to transform the golden color of beer to green. Guinness has also taken steps to protect its iconic Irish product by trademarking their signature Irish harp logo. The company was also the…

          Omni Legal Group would like to congratulate Lara Petersen, its newest attorney to pass the Patent Bar examination. The United States Patent and Trademark Office Registration Examination, or Patent Bar, tests the applicant’s knowledge of applicable patent laws, rules, and procedures, and ability to analyze factual situations and properly apply these principles. Passage of this exam allows individuals to practice before the USPTO in the presentation and prosecution of patent applications. To sit for the test, each applicant must possess the legal, scientific, and technical qualifications necessary for him or her to render valuable service…

Not only is California an ideal place for filmmakers due to the temperate weather conditions and beautiful scenery, in the early 20th century it also provided a safe haven from patent owners like Thomas Edison. In 1908, Edison helped form the Motion Picture Patents Company (MPPC) which held 16 major film patents. Representing a virtual monopoly on the movie industry, these patents covered nearly everything including projectors, cameras, and film stock. Further, the MPPC vigorously protected its patents by suing any pirates who screened or produced films without its permission and without paying for a license to use the patented…

In 2015, photographer Jacobus Rentmeester sued Nike, Inc. alleging copyright infringement for the company’s use of its iconic “Jumpman” logo. Last week, the Ninth Circuit Court of Appeals affirmed the District Court’s dismissal of the action. The photograph of Michael Jordan was first captured by Rentmeester in 1984 and appeared in Life Magazine as part of a photo essay. Inspired by ballet’s grant jete pose, Jordan’s unusual stance is similar to a dancer’s leap with legs extended, one foot forward and the other back. The photographer entered into a limited license agreement with Nike whereby Nike was provided with color…

Less than one week before the Academy Awards, Guillermo del Toro, Fox Searchlight and others associated with the nominated film “The Shape of Water” are being sued for copyright infringement. Specifically, the children of late Pulitzer Prize-winning playwright Paul Zindel claim the film is “indisputably derived” from the 1969 play “Let Me Hear You Whisper.” The play’s main narrative focuses on a lonely cleaning woman who bonds with then attempts to rescue a dolphin from a research facility where she works. Identically, an inter-species romantic relationship develops between the main character of “The Shape of Water,” Elisa, and “The Asset”…

A California District Court judge granted a motion by Taylor Swift to dismiss the action against her for failure to state a claim upon which relief can be granted, suggesting the singer may be able to shake off this lawsuit. Songwriters Sean Hall and Nathan Butler brought this copyright infringement suit against Swift alleging she stole the lyrics to their 2000 song “Playas Gon’ Play” and included them in her 2014 hit song “Shake It Off.” The songwriting duo, who have collaborated with the likes of Justin Bieber and Pink, do not allege any musical elements, such as rhythm or…