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The Court of Appeals for the Ninth Circuit recently ruled that an animal can potentially have constitutional standing to claim copyright infringement but that the Copyright Act does not expressly provide for such ability. While on a wildlife reserve in Sulawesi, Indonesia, wildlife photographer David Slater’s unattended camera was picked up and used by Naruto, a local monkey, to take several photographs of itself. These “monkey selfies” of the seven-year-old crested macaque later appeared in a book published by Slater and Wildlife Personalities, Ltd. This book identifies Slater and Wildlife Personalities as the copyright owners of these photographs. Subsequently, People…

A jury in Eastern District of Texas recently ordered Apple to pay $502.6 million in damages for patent infringement. The claims were brought by VirnetX based on four patents related to powering iMessage, FaceTime, and other secure communications products. The decision ends an eight year long legal battle between Apple and VirnetX. The battle started back in 2010 when VirnetX filed a separate suit and ultimately was awarded roughly $440 million in damages. Originally founded by former engineers to develop security technology for the United States government, VirnetX has become a patent troll that primarily makes money from similar infringement…

In the most recent development in the battle between Tinder and Bumble, Bumble has filed a lawsuit against Tinder’s parent Company, Match Group, alleging trade secret misappropriation. The lawsuit alleges Match and Bumble were in acquisition talks when Match Group requested “confidential and trade secret information” as a part of these discussions and subsequently used this information for its own business gains. Trade secrets constitute information which derives independent economic value from not being generally known. The suit further goes on to claim that once Match discovered other companies were also interested in investing in or acquiring Bumble, Match filed…

Omni Legal Group superstar James Cole’s screenwriting debut will screen at the 16th annual Indian Film Festival of Los Angeles. The short film titled “Fifteen Years Later” is set 15 years post-911 and the story depicts two once-promising young men who have been experiencing psychological and professional deterioration since this tragedy. This acclaimed festival is widely recognized as the premiere showcase of groundbreaking Indian cinema internationally and features a distinguished panel of jurors that will preside over the festival’s features and shorts competitions.  While the festival lasts from April 11th-15th, the premier of “Fifteen Years Later” will take place on…

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…