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Praxis: The Online Publication of The McCarthy Institute

Transformative Use Transformed

By Jason Huang. Jason is a 1L at the Sandra Day O’Connor College of Law and is a McCarthy Fellow. He was born in Texas but grew up in Shanghai, China, where he lived until he graduated high school. He spent a gap year hiking across the United States, then enrolled at Thomas Aquinas College […]

The Looming AI Copyright Wars

By Daniel Metz. Daniel is a current 1L at the Sandra Day O’Connor School of law at ASU. He’s interested in the ways that law can be used to maximize the potential of emerging technologies, while also protecting against their potential pitfalls. Prior to law school, Daniel worked as a data scientist in the advertising […]

What Is Obvious? An Explanation of 35 USC 103

By Nic Bonfiglio. Nicolas Bonfiglio is a 1L JD candidate at the Sandra Day O’Connor College of Law. With an undergraduate degree in electrical engineering he is very interested in patent prosecution and litigation. Having passed the patent bar before entering law school he is ready to start helping inventors protect their ideas. He currently […]

Case Analysis: Corteva Agriscience LLC v. Inari Agriculture Inc.

By Tanner Murray. Tanner is a 2L at Arizona State University Sandra Day O’Connor College of Law, as well as a McCarthy Institute Fellow. The ongoing litigation between Corteva Agriscience LLC and Inari Agriculture, Inc. illustrates the tension among the fields of patent law, plant variety protection, and international biotechnical competition as they converge in […]

Case Analysis: Sun Nong Dan Foods, Inc. v. Kangnam1957, Inc.

By Benjamin Alto. Benjamin Alto is a 3L Juris Doctorate candidate at Sandra Day O’Connor College of Law, Arizona State University with a focus on Intellectual Property law. He currently serves as a McCarthy Institute Fellow starting in 2023. Ben brings a background in patent and trademark prosecution and litigation, having worked with the Lisa […]

Can You Own A Trend?

By Lesley Forst Michalegko. Lesley Forst Michalegko is a 3L JD candidate at the Sandra Day O’Connor College of Law at Arizona State University. She is interested in data, privacy, biotechnology and health law. During her time in law school Lesley served as a Law, Science and Innovation Scholar and a McCarthy Fellow. Lesley has […]

Grand Compromise: Complexity of Stakeholders and Ad-hoc Regulations for AI

By Eunmi Kang. Eunmi is a second year law student at the Sandra Day O’Connor College of Law. She graduated from law school in Korea before moving to the United States. Previously, she worked at the Human Rights Commissioner’s Office in South Korea, working with foreign clients. She is a Fellow of the McCarthy Institute […]

Patent Prosecution vs. Patent Litigation

What is a Patent? According to the United States Trademark and Patent Office (commonly referred to as the USPTO), a patent gives an inventor the right to “exclude others from making, using, offering for sale, or selling an invention or importing it into the United States. A plant patent gives you additional rights on the […]

Trademark Prosecution vs Litigation vs Examination

What is a Trademark? According to the United States Trademark and Patent Office (commonly referred to as the USPTO), a trademark “can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.” In essence, this is how customers recognize a company or brand in the marketplace and […]

Copyright Law

What is a Copyright? According to the United States Copyright Office, copyright “is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.” Copyright law is statutorily governed by Chapter 17 of the United States Code. Copyright Practice  A significant […]