Mon.May 13, 2024

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What the Latest Supreme Court Copyright Ruling Means for You

Plagiarism Today

Last week, the Supreme Court ruled that a music producer can collect over a decade of damages. What does it mean for you? The post What the Latest Supreme Court Copyright Ruling Means for You appeared first on Plagiarism Today.

Copyright 250
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Making Licensing Harder Doesn’t Boost U.S. Manufacturing

IP Watchdog

While it’s appropriate to lament the lack of bipartisan cooperation in Washington, just because something’s bipartisan doesn't mean it’s a good idea. Exhibit A could be Senator Tammy Baldwin (D-WI) and Senator J.D. Vance’s (R-OH) “Invent It Here, Make It Here” bill. Despite the name and its good intentions, it condemns promising federally funded inventions to waste away without doing a thing to build our domestic manufacturing base.

Licensing 129
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3 Count: Artificial Hypocrisy

Plagiarism Today

Supreme Court rules for bigger damages in music cases, OpenAI is accused of copyright hypocrisy, and Warner removes LOTR fan film. The post 3 Count: Artificial Hypocrisy appeared first on Plagiarism Today.

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Understanding How Generative AI Can Affect Your Business' Data Privacy And Ownership Is Crucial

JD Supra Law

“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or closed system, and if the data is used for a large language model,” said Leonard Dietzen and Jacey Kaps, CIPP/US, Partners at RumbergerKirk.

Ownership 127
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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Bitcoin’s File Format protectable in copyright: a Wright decision?

Kluwer Copyright Blog

In July 2023, the Court of Appeal in Wright & Ors v BTC Core & Ors [2023] EWCA Civ 868. overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF” ) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement under s.3(2) of the Copyright Designs and Patents Act 1988 (the “ Act ”).

Copyright 113
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Unpacking Fair Use: A Legal Battle Between Sculptors and Photographers in the NFL

JD Supra Law

Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case, filed in January in New York federal court by photographer Allen Kee, claims that the defendants violated his copyright by using his photo of Sanders in action during a 1995 game as the model for the pose in the statue.

Fair Use 117

More Trending

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NBA Hall of Fame Player Sues Over Unauthorized Use of Image

JD Supra Law

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the treatment of the disease and its symptoms. As part of his advocacy, Wilkins entered into an endorsement agreement with Genesis Performance Group to promote PeptideVite, a supplement that helps with the side effects of diabetes medication.

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Judge Invokes Barney As Shower Co. Seems Stuck On Purple

IP Law 360

A shower building material maker that suffered a $5.5 million trademark loss over its use of the color purple and eventually settled the suit is likely violating that settlement, an Illinois federal judge said Monday, though he held off formally ruling so the parties could work out the issue.

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. Not that he meant to do this, mind you. He was trying to do the opposite. But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of Calif

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Google Requests Default Judgment Against DMCA Scammers

TorrentFreak

The DMCA takedown process gives copyright holders the option to remove infringing content from the web. It’s a powerful, widely-used tool that takes millions of URLs and links offline every day. This often happens for a good reason, but some takedown efforts are questionable or even outright abusive. Google Sues DMCA Scammers Google is no stranger to DMCA abuse.

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IPO Diversity in Innovation Toolkit

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.

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Generative AI and Copyright

IP and Legal Filings

Introduction With the massive amount of technological advancements in recent years, the power of artificial intelligence (AI) and creativity has resulted in significant advances in advanced generative AI technology. The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity.

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Reminder on Call for Papers: Trademark and Unfair Competition Scholarship Roundtable 2024

43(B)log

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives.

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DraftKings Obtains Restrictive Covenant and Trade Secret Injunction Against Former Executive

JD Supra Law

All bets are off in a Boston-based dispute between DraftKings Inc. and one of its former vice presidents. On April 30, 2024, the District of Massachusetts granted DraftKings a twelve-month preliminary injunction preventing its former Senior Vice President of Growth, Customer, Michael Hermalyn, from violating his restrictive covenants with DraftKings or misappropriating its confidential information.

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How Chestek Impacts USPTO’s Rulemaking Authority and the Push to Restore

Patently-O

by Dennis Crouch The Federal Circuit’s recent decision in Chestek v. Vidal opened the door to extensive USPTO rulemaking that entirely avoids the notice and comment process required by the Administrative Procedure Act (APA). In re Chestek PLLC , 92 F.4th 1105 (Fed. Cir. 2024). Chestek has now filed her petition for writ of certiorari to the U.S.

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How to Recover Attorneys’ Fees in a Schedule A Trademark Case in the Northern District of Illinois

JD Supra Law

In recent years, a substantial number of “Schedule A” trademark infringement cases have been filed in the Northern District of Illinois. In such a case, the trademark owner may file a trademark infringement complaint against a number of defendants, with the complaint identifying the defendants as “The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A hereto.

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'This Is America,' Not A Copyright Case, 2nd Circ. Says

IP Law 360

Second Circuit judges shut down an appeal from a Miami rapper who says the 2018 hit Childish Gambino song "This Is America" bit off the flow from his 2016 record "Made In America," agreeing with a New York federal judge that the less successful rapper never protected the composition of his older song with a copyright.

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Former Engineer Accused of Shafting Prominent Golf Shaft Designer and Manufacturer

JD Supra Law

Plaintiff Fujikura Composite America, Inc. (“Fujikura”) is one of the most prominent golf club shaft designers and manufacturers. Per Fujikura, in the 2022-2023 PGA Tour season, half of all PGA tournaments were won by a player using a Fujikura shaft.

Designs 73
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Fed. Circ. Uses Rule 36 To Nix Centripetal Patent Appeals

IP Law 360

A Federal Circuit panel decided Monday to quickly give a stamp of approval to a pair of administrative board rulings killing off two patents that were once at issue in a lawsuit involving cybersecurity software.

Patent 59
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USPTO Aims to Mow Down Patent Thickets

JD Supra Law

In a stunning Federal Register Notice published May 10, 2024, the U.S. Patent and Trademark Office (USPTO) proposes to impose a new requirement on terminal disclaimers filed to overcome obviousness-type double patenting (OTDP) rejections. The USPTO would require the application/patent owner to agree that the subject patent will not be enforceable if any claim in the cited patent has been finally held unpatentable or invalid as anticipated or obvious by a Federal court in a civil action or by the

Patent 70
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USPTO Fights Class Cert. Bid In Suit Over Patent Program

IP Law 360

The U.S. Patent and Trademark Office has said a proposed group of inventors should not receive class certification in a suit alleging that the office's now-defunct program for flagging "sensitive" patent applications for extra review violated the Privacy Act.

Privacy 59
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Blockbuster Biologics Review - Issue 23

JD Supra Law

Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA), 51 biosimilars have been approved, 38 of which have launched. Notably, since our last update, Sandoz (D-Colorado) received FDA approval for the first denosumab biosimilars.

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Measuring Early Impact Of Rule 702 Changes On Patent Cases

IP Law 360

Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.

Patent 59
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Breaking: Third Circuit Declares Mallinckrodt’s Future Royalty Payment Obligations Dischargeable – Caution, Warning, and Options

JD Supra Law

On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111, reminding everyone that “creditors take on risks” when it ruled that the debtor could discharge future royalty obligations arising from a prepetition contract involving an outright sale with no licensing agreement.

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Potential Shifts in Section 337 Precedent: What The Data Tells Us

IP Watchdog

The U.S. International Trade Commission (the “Commission”) is typically made up of six individual commissioners, but after Commissioner Randolph Stayin’s unexpected return to private practice last year, there are now just four. As a result, upcoming changes to the make-up of the Commission may cause a shift in the Commission’s positions on various legal issues.

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Stretching the Limits: Clarifying the Scope of the Domestic Industry Requirement

JD Supra Law

Complainants should allocate their investments on a patent-by-patent basis, or, at a minimum, ensure that any aggregate investment is allocated by proper product groupings.

Patent 68
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court remands NYC's false advertising case against oil companies to state court

43(B)log

City of New York v. Exxon Mobil Corp., 2024 WL 2091994, No. 21-CV-4807 (VEC) (S.D.N.Y. May 8, 2024) Being a multitrillion-dollar corporation means you can survive a “ridiculous” argument or two. Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its false advertising suit against Exxon, other fossil fuel companies, and their top trade association for violations of New York City’s Consumer Protection Law.

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Spotlight On: Biosimilar Litigations

JD Supra Law

Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included. Litigations relating to disputes between two reference product sponsors, or non-practicing entities/universities and reference product sponsors are not included.

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SpicyIP Weekly Review (May 6- May 12)

SpicyIP

Here is our recap of last week’s top IP developments including summary of the post on DHC’S observation in Sun Pharma v. Dabur India. Anything we are missing out on? Drop a comment below to let us know. Highlight of the Week Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements The DHC’s observation about the Applicant’s responsibility to serve the Counter Statements instead of the TM Registry is perhaps one of t

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The Generative AI Copyright Disclosure Act of 2024: Balancing Innovation and IP Rights

JD Supra Law

As generative AI systems become increasingly sophisticated and widespread, concerns around the use of copyrighted works in their training data continue to intensify. The proposed Generative AI Copyright Disclosure Act of 2024 attempts to address this unease by introducing new transparency requirements for AI developers.

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The Law Bytes Podcast, Episode 203: Andrew Clement on Calls to Separate Privacy Reform and Artificial Intelligence Regulation in Bill C-27

Michael Geist

Bill C-27, Canada’s proposed privacy reform and AI regulation bill, continues to slowly work its way through the committee process at the House of Commons with the clause-by-clause review of the AI portion of the bill still weeks or even months away. Recently a group of nearly 60 leading civil society organizations, corporations, experts and academics released an open letter calling on the government to separate the bill into two.

Privacy 57
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USPTO Proposed Rule Change to Terminal Disclaimer Practice

JD Supra Law

On May 10, 2024, the U.S. Patent and Trademark Office announced a proposed rule change to terminal disclaimer practice.Unfortunately, the proposed change appears to further weaken issued patents in which terminal disclaimers have been filed and make obtaining robust patent protection more difficult and uncertain in the future.

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Netflix Gets 10th Circ. To Take 2nd Look At 'Tiger King' Ruling

IP Law 360

The Tenth Circuit on Monday agreed to revisit an appeal from Netflix Inc. regarding a copyright complaint about its docuseries "Tiger King," after filmmakers and others told the appeals court it had misapplied U.S. Supreme Court precedent.

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Supreme Court Holds Copyright Holders Can Recover Damages Beyond Three-Year Statute of Limitations

JD Supra Law

Our Intellectual Property Litigation Group breaks down the U.S. Supreme Court’s Copyright Act ruling that allows plaintiffs to recover damages for infringements that occurred far in the past.

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6th Circ. Backs Toss Of Private Security Co.'s Stolen Info Suit

IP Law 360

A Sixth Circuit Court of Appeals panel has sided with a private security company accused of partnering with a similar business and stealing trade secrets so it could flourish while the other one wilted, saying the plaintiff failed to support its allegations.

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Patent Poetry: Patent Office Requests Public Comment on AI Prior Art

JD Supra Law

The US Patent and Trademark Office (USPTO) has published a request for comment (RFC) on “how AI could affect evaluations of how the level of ordinary skills in the arts are made to determine if an invention is patentable under U.S. law.”.

Art 65