LexBlog IP

JULY 18, 2023

GPT-4 passed the Uniform Bar Exam (UBE), and it didn’t just barely squeak by: it scored in the 90th percentile, outperforming the average real life test taker. District Judge Brantley Starr of the Northern District of Texas requires that attorneys attest they will limit use of ChatGPT or other generative AI in drafting briefs.

Business 52

Business Law Reporting Music 52

IP Tech Blog

JULY 18, 2023

GPT-4 passed the Uniform Bar Exam (UBE), and it didn’t just barely squeak by: it scored in the 90th percentile, outperforming the average real life test taker. District Judge Brantley Starr of the Northern District of Texas requires that attorneys attest they will limit use of ChatGPT or other generative AI in drafting briefs.

Business 52

Business Law Social Media Reporting 52

Technology & Marketing Law Blog

JANUARY 8, 2024

The trademark owner argued that the search results didn’t disclaim an affiliation between the companies, but it had no evidence to support that concern and thus it couldn’t survive summary judgment. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

Trademark 78

Trademark Advertising Advertising False Advertising 78

Patently-O

SEPTEMBER 13, 2021

2021), affirming the judgment of the District Court for the Eastern District of Texas, 2019 U.S. His vague charge appears to reflect the general uncertainty in this area, not only of the Texas district court, but of the entire judicial system. Guest Post by Prof. Jorge Contreras of the University of Utah S.J. Quinney School of Law.

Licensing 54

Licensing Contracts Patent Law Law 54

43(B)log

OCTOBER 25, 2021

If that were indeed the law, and if ‘explicitly’ were construed as strictly as the defendants say it should be, then the defendants would easily prevail on the Lanham Act claims in the case at bar.” Stated that way, it is a much broader exception to Rogers and a much less justified one. Floribama” fit.

Artistic Work 59

Artistic Work Social Media Television Trademark 59

Technology & Marketing Law Blog

MAY 23, 2022

A quick recap: last summer, Texas passed HB20, a #MAGA messaging bill that poses existential threats to the Internet as we know it. Texas appealed to the Fifth Circuit. The case automatically routed to Justice Alito, who requested that Texas respond. 2 amicus briefs came in support of Texas. NetChoice/CCIA filed a reply.

Social Media 130

Social Media Law Publishing Blogging 130

43(B)log

AUGUST 4, 2023

required firms to included microstamping once DOJ certified that there was no patent on it; challenged under Bruen and dct overturned the law b/c it prevented people from buying state of the art handguns/not consistent w/historical tradition which was light on microstamping. Costly inefficiencies in supply and demand.

Copyright 52

Copyright Fair Use Marketing Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. Conclusion.

Settlement 52

Settlement Litigation Marketing Marketing 52

LexBlog IP

FEBRUARY 2, 2023

The vast majority of patent infringement cases are filed by nonpracticing entities, or “NPEs” These companies acquire patents with the sole intention of monetizing the patents through litigation rather than selling products or services incorporating the patented technology. “Everyone infringes” is an NPE’s dream.

Litigation 40

Litigation Patent Troll Settlement Technology 40

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] 1] He is also an adjunct professor at American University Washington College of Law. Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S.

Litigation 124

Litigation Reporting Settlement Government 124

LexBlog IP

JULY 11, 2022

4, June/July 2022, by the American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol.

Marketing 52

Marketing Marketing Law All Rights Reserved 52

The IP Law Blog

JULY 11, 2022

4, June/July 2022, by the American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol.

Law 52

Law Marketing Marketing All Rights Reserved 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

With the PTAB’s constitutional defect now cured, the post-grant world refocused its attention back to more typical matters – discretionary denial, institution reviewability, and the one-year time bar, among other issues. See United States v. Download a PDF. Table of Contents. Director Review Post- Arthrex. Arthrex, Inc., 1970 (2021).

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

DECEMBER 15, 2022

Judge James Selna issued an injunction restraining the former researcher and his current company from using trade secrets arising from pulse oximetry, which involves measuring oxygen in the blood. I had a trial this month, so I was delayed in my wrap up of noteworthy developments from November. Certainly not me. But the U.S.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat.

Blogging 108

Blogging Publishing Social Media Advertising 108

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

Trade secrets can mean big business for companies that hold them, and damages awards for trade secret misappropriation can reach into the hundreds of millions of dollars. Trade secrets can mean big business for companies that hold them, and damages awards for trade secret misappropriation can reach into the hundreds of millions of dollars.

Patent Application 52

Patent Application Law Patent Publishing 52

IP and Legal Filings

JANUARY 22, 2024

The ease with which content can be shared globally also raises concerns for the creators with respect to tracing copies of the work or theft of their intellectual labour on one side, while on the other hand restricting information would lead to a bar on the right to information of the public.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 18, 2022

From a judicial standpoint, FOSTA’s terrible drafting has produced entirely predictable chaos in the courts. Some of the confusion is due to plaintiffs stretching FOSTA to reach tertiary defendants far removed from the victimization or reach facts (like republication of commercial pornography) that seem outside the statutory definitions.

Blogging 119

Blogging Reporting Publishing Law 119

43(B)log

JULY 20, 2023

Ford Motor Company, Inc., A group of Shelby owners sued Ford on various state-law fraud theories and sought class certification, which the district court granted in substantial part.” But this can only be done if the underlying state law allows for it. Tershakovec v. 4th -, 2023 WL 4377585, No. 22-10575 (11th Cir.

Advertising 52

Advertising Advertising Law False Advertising 52

LexBlog IP

MARCH 12, 2023

However, that question does not guarantee federal subject matter jurisdiction, as the defendants learned in a decision remanding an ownership dispute removed to federal court back to state court. In a post for Patently-O , Peter describes how the TSCMJG came into existence. In Calvary Indus., Winters , U.S. In Ahern Rentals, Inc.

Blogging 52

Blogging Litigation Ownership Reporting 52

43(B)log

NOVEMBER 8, 2023

Although the Court long ago recognized that defamation claims need First Amendment safeguards because the state, through the judiciary, is making rules for speech, it is now unwilling to recognize the need for similar limits on other causes of action. Then I’ll talk about the 9 th Circuit case Enigma Software v. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. It advised that complications were “rare,” but could have “serious consequences.”

Advertising 59

Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

MARCH 28, 2022

As you recall, in December, a federal district court enjoined most of HB 20 , Texas’ so-called “social media censorship” law. As expected, Texas appealed the ruling to the Fifth Circuit. This blog post recaps the Texas brief and the 11 supporting amicus briefs. Texas’ Appellant Brief. I pulled ROA.1306

Social Media 105

Social Media Publishing Law Blogging 105

Patently-O

APRIL 27, 2024

As an example, the American Bar Association (ABA) Model Rule 5.6(a) The rule’s stated aim is to protect clients’ freedom to choose their legal representation, but it also ensures that lawyers can practice their profession without restriction. One reason is that such restrictions have long been banned within legal practice.

Patent 67

Patent Confidentiality Business Marketing 67

LexBlog IP

APRIL 20, 2022

— Career Group Companies. It’s a way to say, “I’m dusting off the winter blues and coming out of hibernation.” ” At the office, spring cleaning can take on a whole new meaning. It is a chance to reorganize and refresh your workspace and your workflow. Don’t believe us? Read on to learn why.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

Many state legislatures draft Internet regulations without any genuine concern for whether or not the laws violate the First Amendment. As a result, state legislatures, both red and blue, are producing a flood of Internet censorship laws will tie up the courts for years. [I will blog the NetChoice v. Bonta ruling very soon.]

Social Media 124

Social Media Privacy Law Government 124