Stares in Roger B. Taney
25.02.2026 21:40
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Stares in Roger B. Taney
Thrilled to be co-hosting with Barton Beebe the 16th Annual Tri-State Region IP Workshop at @nyuengelberg.org Engelberg Center on Innovation Law & Policy at @nyulaw.bsky.social www.nyuengelberg.org/events/tri-s...
New @nberpubs: "The Economic Legacy of Racial Trauma in the American South" www.nber.org/papers/w3452...
There remain traps for cranks who anthropomorphize AI (don't try to list it as an inventor!), but otherwise this guidance leaves room for the courts to assess invention where AI tools are involved. A key factor will surely be the injection of human agency at some point in the inventive process. 2/2
Al systems, including generative AI and other computational models, are instruments used by human inventors. They are analogous to laboratory equipment, computer software, research databases, or any other tool that assists in the inventive process. As the case law establishes, inventors may "use the services, ideas, and aid of others" without those sources becoming co-inventors. l The same principle applies to Al systems: they may provide services and generate ideas, but they remain tools used by the human inventor who conceived the claimed invention. When one natural person is involved in creating an invention with the assistance of Al, the inquiry is whether that person conceived the invention under the traditional conception standard set forth above in Section III.
Here's the crux of the PTO's new official guidance, out today, on AI and inventorship. It seems...fairly innocuous. 1/2 public-inspection.federalregister.gov/2025-21457.p...
Evidence against the (mistaken) interpretation of Coase which holds that allocation of entitlements doesn’t matter so long as parties can bargain: www.nytimes.com/2025/11/20/b... (gift link)
Below the line of the 1st page of Professor Dan Burk's last article, just published posthumously by the UC Irvine Law Review.
"Attacks on academia are fundamentally about remaking the labor practices that define higher education."
Deepa Das Acevedo, author of The War on Tenure (out now), in Time Magazine
https://cup.org/4hahkid
#HigherEd #AcademicSky #PoliSci 🗺️ 🗃️
They could have done something like this in the Trump immunity case and given a chance for the special counsel to take Trump's federal election subversion charges to trial.
Expediting cases is a choice
Looking forward to talking about the patent law side of the current disruptions in the federal executive branch at this event this evening. www.connerinn.org/event-6240328
SCOTUS: considering race as one factor in a college applicant's file is blatantly unconstitutional
ALSO SCOTUS: considering race as one factor in targeting whom to detain and deport is cool cool cool
Thrilled that my article with @markpmckenna.bsky.social on "Amazon's Quiet Overhaul of the Trademark System" is now out in the California Law Review @califlrev.bsky.social
Donna Adelson's trial for Dan Markel's murder begins.
#JusticeforDan
Just a reminder of my favorite idea for a law student note: Pick an important Supreme Court case from 5-10 years ago, and see how lower courts are interpreting it. It's helpful for practitioners and courts, and something law students can research and present effectively.
Maybe 5 people out there will appreciate this, but I am trying to parse a huge database dump of a foreign government's trademark registration data. I've just discovered that one of the trademarks is recorded as "<<<<Intelligence\\<<<<for<<<<<<\\<<<<Life<<<<<<".
(Cf. xkcd.com/327/)
What's going on in the world of dupes, & how do these rapid-fire copies interact with the law?
Fascinating @theverge.com piece with great quotes & analysis from two top experts: @lexlanham.bsky.social & @design-law.bsky.social
www.theverge.com/cs/features/...
#dupes #academia #fashion
Coming to America is a strange experience for someone with a complex racial, religious, ethnic and national background. These many identities get subsumed under a racial or national identity that is then hyphenated with America.
Of possible interest to law students studying intellectual property. www.uspto.gov/jobs/become-...
That was a serious lapse. You trusted me with your writing and time, and I responded with something that wasn't fully honest or earned. I'm sorry for that. I completely understand if this shook your trust, and if you want to step back from this.
I mean...
Closing public spaces rather than sharing them is a classic segregationist move
Thanks old friend.
Yeah this is not only addressed to them.
Last month there were allegations that some of my students may have used generative AI on my final exam. The incident led me to give some serious thought to how we are dealing with these tools in the professional education context. Here’s what I wrote to my students: jeremysheff.com/2025/06/02/g...
Neat study. I get that the copyright issues you address are keyed to pending litigation, but the hard question to my mind is how findings like this should influence our understanding of what "copying" (rather than substantial similarity) means with respect to LLM outputs.
Sundar Pichai does not know how to live.
This is what the current federal administration is trying to destroy.
www.nytimes.com/2025/05/15/h...
This is what the current federal administration is trying to destroy.
www.nytimes.com/2025/05/15/h...
1. A must-read thread. I'll highlight three more problems with this opinion, which is the only case to prevent people from using a class action to challenge US government renditions to El Salvador. I often write about complex litigation, with a focus on class actions involving government bodies.
