Remove topics judgment-on-the-merits
article thumbnail

Artificial intelligence, machine learning and creativity in visual art: what are the protectability requirements? Part 1: the Italian Supreme Court’s “floral fractal” case

Kluwer Copyright Blog

The judgments in first and second instances On 18 July 2018, an architect summoned the Italian public broadcaster RAI, claiming that the copyright in her graphic work “ The Scent of the Night ” had been infringed.

Art 75
article thumbnail

Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Patently-O

In a recent decision, the Federal Circuit vacated a judgment of invalidity and remanded for a new trial, holding that the district court’s jury instruction on objective indicia of nonobviousness constituted prejudicial legal error. The case, Inline Plastics Corp. Lacerta Group, LLC , No. 2022-1954 (Fed.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Never Too Late: if you missed the IPKat last week

The IPKat

Asia Correspondent Tian Lu summarised a recent judgment of the Beijing High People's Court on whether a sign which was the subject of an application to China's Trade Mark Office which means "Eat Clan People" carries an association with cannibalism producing an adverse effect, given the adverse effect clause of China's Trade Mark Law.

article thumbnail

[Guest post] Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works

The IPKat

The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the US Supreme Court’s decision in the Jack Daniel’s v VIP IP dispute. Bad Spaniels (L), Jack Daniel's (R). The Court’s ruling Expressive work A key question for the Court to determine was whether or not Bad Spaniels is an “expressive work”.

article thumbnail

Supreme Court on Patent Law for October 2022

Patently-O

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Randomness (don’t bother with these): 2 Cases.

article thumbnail

Recent Summary Judgment Decision in FleetCor Case Spells Trouble for CEOs and Disclaimers

LexBlog IP

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. With that complex procedural detour, we turn to the summary judgment decision. Background. The Decision.

article thumbnail

Are Courts Finally Getting Fed Up With Copyright Shakedowns?

Copyright Lately

Liebowitz is probably the best known example of a copyright troll, a moniker that one circuit court defined as a someone who brings “strategic infringement claims of dubious merit in the hope of arranging prompt settlements with defendants who would prefer to pay modest or nuisance settlements rather than be tied up in expensive litigation.”.