Velocity of Content

JULY 14, 2023

Meta , the parent company of Facebook , and OpenAI , creators of ChatGPT , are facing numerous copyright infringement lawsuits from authors and artists. In recent weeks, Paul Tremblay, Mona Awad, Sarah Silverman, Christopher Golden, and Richard Kadrey have all filed litigation , “accusing the companies of using the authors’ copyrighted books without consent to ‘train’ their artificial intelligence software programs,” reports the Los Angeles Times.

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SpicyIP

JULY 14, 2023

Image generated through DeepAI Readers will recall that last month Swaraj announced our IP History series which was followed by Shivam’s incisive posts on India’s entanglement with Berne Convention and the Stockholm Conference. We are now very pleased to bring an intellectually delightful stream of consciousness piece by Achille Forler, triggered in response to our IP History posts.

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TorrentFreak

JULY 14, 2023

The Internet Archive (IA) is a non-profit organization that aims to save the history of the Internet for generations to come. The digital library is a staunch supporter of a free and open Internet and began meticulously archiving the web over a quarter century ago. Today, IA has more than 800 billion pages in its archive and offers a broad collection of digital media, including books.

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Technology & Marketing Law Blog

JULY 14, 2023

This long-running lawsuit started in 2019. When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Despite its lack of novelty, this lawsuit got some media coverage for two reasons: (1) most of the prior lawsuits were pro se, but this one had actual lawyers with bar licenses and everything, and (2) the lawsuit was filed on behalf of LGBTQ+ YouTubers w

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Contracts Blogging Litigation Licensing 79

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

Technology

IP Law 360

JULY 14, 2023

An independent union is using a logo that infringes Trader Joe's trademark, the grocery chain alleged in California federal court, arguing that customers may become confused with the similarities and that the company has incurred monetary damages.

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Trademark Law Trademark Law 75

LexBlog IP

JULY 14, 2023

Trial in Regeneron’s BPCIA case against Biocon regarding Biocon’s proposed aflibercept biosimilar concluded on June 15, 2023 in the Northern District of West Virginia. As we previously reported , the case was expedited, with trial occurring less than a year after Regeneron filed its complaint. The case was originally filed naming only Mylan as a defendant, but in March 2023, the parties stipulated to add Biocon as a defendant in view of Mylan’s transfer of its rights to the afl

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LexBlog IP

JULY 14, 2023

Is your AI company protected against the primary legal risks and the legal risks unique to artificial intelligence? An attorney specializing in AI company representation can help you identify and reduce legal risks which could put you out of business. Some current lawsuits, class actions, and regulatory actions are discussed below. But the floodgates of liability are just beginning to open.

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IP Law 360

JULY 14, 2023

With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

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JD Supra Law

JULY 14, 2023

Apax Beam Technologies LLC v. ZTE Corporation, No. 2:22-CV-000310JRG-RSP (E.D. Tex. Jun. 14, 2023) Defendants’ Motion to Stay Pending Inter Partes Review - Defendants Samsung Electronics Co, Ltd. and Samsung Electronics America, Inc. moved to stay this lawsuit pending inter partes review. The Court found that the PTAB’s institution decisions were not due for at least another three months.

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IP Law 360

JULY 14, 2023

A pop group managed by the rapper T.I. plans on asking the Ninth Circuit to decide if the U.S. Supreme Court's recent Jack Daniel's ruling should give it another chance to convince a jury that a toy company allegedly ripped off the group's image for a line of dolls.

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Advertiser: IPO

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

Patent

JD Supra Law

JULY 14, 2023

More than a decade ago Congress considered, and rejected, any standing requirements for post-grant proceedings. Congress could hardly have been more explicit. The provisions were debated over a decade. In 2008, statutory standing language was added, and then removed, from the then-pending bill.

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IP Law 360

JULY 14, 2023

The past week in London has seen two former bosses of trading technology company Finalto sue the investment vehicle it was sold to, Samsung’s biotech arm bring a patent dispute against Janssen to the U.K. over its immunosuppressive drug Stelara, and London law firm LEXLAW begin legal action against Knights PLC. Here, Law360 looks at these and other new claims in the U.K.

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JD Supra Law

JULY 14, 2023

This article compares two recent Federal Circuit opinions concerning IPR cases addressing the nexus requirement for objective indicia of non-obviousness. These cases revolve around the patentee’s use of a commercial embodiment to establish a presumption of nexus.

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IP Law 360

JULY 14, 2023

An Illinois federal judge has rejected DataCamp Ltd.'s bid to throw out a copyright suit it's facing from satellite television giant Dish Network LLC, ruling Friday that DataCamp could still be liable for infringement even if it just delivers stolen streaming content for third-party piracy services.

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Television IP Copyright 73

LexBlog IP

JULY 14, 2023

The subjects of a documentary have dropped their long-standing defamation lawsuit against Netflix and producers. Scott Hervey and Jamie Lincenberg talk about this case on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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IP Watchdog

JULY 14, 2023

This week in Other Barks & Bites: the U.S. Patent and Trademark Office issues a final rule formalizing its Diversion Pilot Program and making other changes to agency practice; the Third Circuit affirms a default judgment for several litigation delays in a trademark case; Huawei announces that it earned $560 million in patent licensing revenues last year; the FTC announces an investigation into ChatGPT as FTC Chair Lina Khan faces tough questions at a House Judiciary Committee oversight hear

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LexBlog IP

JULY 14, 2023

** This article was drafted by Logan Woodward, a Summer Associate in NRF’s Minneapolis Office. Logan is supervised by attorneys who are licensed in the State of Texas. After a two-year feud, Mars Wrigley (“Wrigley”), the maker of the popular rainbow-colored Skittles candies, recently settled its lawsuit with Terphogz LLC (“Terphogz”) regarding its use of the ZKITTLEZ and similar marks in connection with the cannabis genetics Terphogz licenses to cultivators. [1] In

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Olartemoure Blog

JULY 14, 2023

TikTok Music, the groundbreaking new streaming service brought to you by Chinese company TikTok. This innovative platform revolutionizes the way we enjoy music, offering a vast collection of tracks from the industry’s powerhouses: Universal Music Group, Sony Music Entertainment, and Warner Music Group. With this bold step, TikTok, renowned for its captivating short videos and viral content, is set to make its mark in the online music market by taking on established giants like Spotify and

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JD Supra Law

JULY 14, 2023

Sacral neuromodulation stimulates nerves above the tailbone to treat fetal incontinence and related bowel and bladder control issues. After California-based Axonics Inc. (“Axonics”) entered the sacral neuromodulation market in late 2019, MedTronic sued for patent infringement. Axonics filed for inter partes review (IPR) of the asserted patents at the Patent Trial and Appeal Board (PTAB).

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Olartemoure Blog

JULY 14, 2023

On July 6, a significant telecommunications company received a hefty fine amounting to USD 312.108 for its repeated failure to obtain prior, express, and informed consent from individuals involved in a marketing campaign. This breach of consent protocols prompted the regulatory body, the Superintendency of Industry and Commerce, to take decisive action.

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JD Supra Law

JULY 14, 2023

The subjects of a documentary have dropped their long-standing defamation lawsuit against Netflix and producers. Scott Hervey and Jamie Lincenberg talk about this case on this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging IP Law 52

Olartemoure Blog

JULY 14, 2023

In a summary judgment, a Canadian farmer was forced to pay more than CAD 82,000 in damages for sending an emoji as an acceptance to an offer sent via WhatsApp. The farmer sent a thumbs-up emoji in response to a photograph of a flax-buying contract sent to him in 2021. The farmer never sent the product, causing a dispute over the acceptance of the terms of the contract.

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JD Supra Law

JULY 14, 2023

Granting a petition for rehearing en banc, the US Court of Appeals for the Federal Circuit decided to revisit the effect of the Supreme Court’s 2007 decision in KSR International v. Teleflex on design patents. LKQ Corporation v. GM Global Technology Operations, Case No. 21-2348 (Fed. Cir. June 30, 2023) (per curiam). The Federal Circuit withdrew its earlier panel decision addressing KSR’s application to design patents.

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Olartemoure Blog

JULY 14, 2023

The ongoing amendments to Decree 344, aimed at streamlining the renewal and modification procedures for marketing authorizations of medicinal products and ensuring swift access to essential medicines, are now entering their third phase. Recently, a new draft proposing amendments to the decree has been shared with industry associations, signaling progress in the regulatory process.

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JD Supra Law

JULY 14, 2023

On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., the U.S. Supreme Court ruled that the Lanham Act does not have an extraterritorial scope and applies only in cases where the alleged infringing “use in commerce” is domestic in nature. Although the Court’s decision provides much-needed clarity as to the statute’s reach, it also introduces ambiguity by failing to define specifically what “use in commerce” is necessary to trigger the Lanham Act.

Trademark Law 52

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Likelihood of Confusion

JULY 14, 2023

An IP lawyer, that is, and the “he” is Matthew Saunders, who blogs at Legal Fixation. He knows he’s one, and that Bill Patry, the ur-copyright blogger, is one too, The post He’s one of them appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

JULY 14, 2023

The Supreme Court’s June 29, 2023, decision in Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, ended decades of circuit splits on the standard for determining the extraterritorial reach of the Lanham Act (see our prior publication for discussion of the circuit splits). Applying the modern two-step framework for overcoming the presumption against extraterritoriality, the Supreme Court held certain Lanham Act provisions “are not extraterritorial and that they extend only to claims where

Trademark Law 52

Trademark Law Law Trademark 52

The IP Law Blog

JULY 14, 2023

The subjects of a documentary have dropped their long-standing defamation lawsuit against Netflix and producers. Scott Hervey and Jamie Lincenberg talk about this case on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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JD Supra Law

JULY 14, 2023

On June 14, 2023, the Federal Circuit affirmed the decision of the Patent Trial and Appeal Board upholding an Examiner’s rejection of all pending claims in U.S. Patent Application 15/131,442 (’442 application). The Federal Circuit agreed with the Board that the ’442 application’s pending claims were unpatentable as obvious in view of the asserted prior art.

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Patently-O

JULY 14, 2023

by Dennis Crouch The key benefit of the first-to-file patent regime, introduced by the Leahy-Smith America Invents Act (AIA), is the clarity that it provides. The filing date is an understandable, immutable, and reasonable priority claim marker. This is in contrast to the invention “date”, which requires evidence of the inventor’s mental state as shown by corroboratory evidence; spread across time from conception to invention completion accomplished at reduction to practice.

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Traverse Legal Blog

JULY 14, 2023

Is your AI company protected against the primary legal risks and the legal risks unique to artificial intelligence? An attorney specializing in AI company representation can help you identify and reduce legal risks which could put you out of business. Some current lawsuits, class actions, and regulatory actions are discussed below. But the floodgates of liability are just beginning to open.

Litigation 52

Litigation Privacy Technology Copyright Infringement 52

JD Supra Law

JULY 14, 2023

In late June 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced two bills in Congress that, if enacted, would change the patent adjudication landscape: - The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act is the latest iteration of a multiyear effort to reform patent law to address perceived problems with the Patent Trial & Appeal Board’s inter partes review (IPR) and post-grant review (PGR) processes. - The Patent Eligibility.

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43(B)log

JULY 14, 2023

Peck v. Progressive Northern Ins. Co., 2023 WL 2712390, F.Supp.3d -, No. 1:22-cv-00490-KWR-JFR (D.N.M. Mar. 30, 2023) Peck bought stacked uninsured/underinsured motorist (“UM/UIM”) coverage on a single vehicle policy. Stacked UM/UIM coverage permits an insured to aggregate the UM/UIM coverages on all vehicles insured under a policy. But Peck alleged that stacked UM/UIM coverage on a policy insurance for a single vehicle is illusory because the insured receives no benefit for the additional premi

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JD Supra Law

JULY 14, 2023

The US Court of Appeals for the First Circuit agreed with the trial court regarding the reasonableness of the plaintiff’s legal positions and found that the trial court did not abuse its discretion in denying the defendants, as the prevailing party, attorneys’ fees. The First Circuit determined that the positions advanced by the unsuccessful plaintiffs were not objectively unreasonable.

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Kluwer Copyright Blog

JULY 14, 2023

Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). These challenges lead to a need to support legislative and/or policy changes or at least to clarify the rules, so as to avoid under-exploiting collections at the expense of society ulti

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