Intellectual Property Law Blog

APRIL 12, 2023

The U.S. Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology. Some of the key points include the following: Copyright can protect only material that is the product of human creativity – the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans In the case of works containing AI-generated material, the Office w

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Plagiarism Today

APRIL 12, 2023

A recent documentary about Roy Lichtenstein looks at his appropriations. Was he an artistic genius, a plagiarist, or both? The post The Case Against Roy Lichtenstein appeared first on Plagiarism Today.

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Intellectual Property Law Blog

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? In Authors Guild v. Google, Inc., (the Google Books case), Google was found not to infringe based on a ruling that the scanning of physical, copyright-protected books to generate a searchable database used to search the content of the books

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Plagiarism Today

APRIL 12, 2023

Ninth Circuit remands photography case for new jury trial, Uberspace owner promises appeal and Buffalo mural causes copyright headaches. The post 3 Count: Jury Remand appeared first on Plagiarism Today.

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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

Intellectual Property Law Blog

APRIL 12, 2023

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create generative AI content from a text prompt and enable generative AI to complete computer code. This is just the tip of the iceberg on how generative AI will be used in games and a variety of other creative industries.

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McKinsey Operations

APRIL 12, 2023

As global risks increase and economic uncertainty persists, the risk functions within the financial services industry must continue to evolve talent to ensure organizational resiliency.

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IP Watchdog

APRIL 12, 2023

IPWatchdog has learned from several sources this week that U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore has filed a judicial complaint against Judge Pauline Newman under the Judicial Conduct and Disability Act. According to those who have seen the complaint, Moore is claiming she has probable cause to believe that Newman is unable to effectively discharge the duties of her office.

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Intellectual Property Law Blog

APRIL 12, 2023

On March 16, 2023, the U. S. Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI tools and using copyrighted materials in AI training. According to the USCO: “This initiative is in direct response to the recent striking advances in generative AI technologies and their rapidly growing use by individuals and businesses.

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IP Watchdog

APRIL 12, 2023

On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court. This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. Thus, it’s time to get one’s ducks in a row and to prepare for this new court system, which provides for a pan European injunction in patent matters. In order to faciliate such preparation, we will be providing a series of five articles that will deal with the most important aspects of the UPC.

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TorrentFreak

APRIL 12, 2023

Pirate sites with tens of millions of visits each month are large enough to consider themselves global players yet some achieve these levels in a tighter geographic niche. Founded in 2014 by two Taiwanese software engineers, movie and TV show piracy site 8maple is a prime example. Initially, the site was promoted as a commercial advertising platform but soon transformed into a full-blown piracy portal pulling in millions of visitors each month and generating large sums in advertising revenue.

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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.

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McKinsey Operations

APRIL 12, 2023

Experts behind the rules of value-creating growth discuss how leaders can apply these insights to their growth strategies.

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TorrentFreak

APRIL 12, 2023

The Pirate Bay has been around for nearly two decades, which is quite an achievement considering the immense legal pressure it has faced over the years. Swedish police tried to shut the site down , twice, raiding dozens of servers. This ultimate goal failed but local authorities did prosecute the site’s three co-founders, who all served time in prison for their involvement.

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JD Supra Law

APRIL 12, 2023

On March 29, 2023, the Solicitor General of the United States asked the Supreme Court to review a Federal Circuit judgment in a Hatch-Waxman case between Teva and GSK. In its decision below, the Federal Circuit held that Teva could be held liable for inducement based on language in its “skinny label” and reinstated a $235 million jury award to GSK that the district court had set aside.

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Velocity of Content

APRIL 12, 2023

According to a 2022 Gallup poll , “the ‘Great Global Work-From-Home Experiment’ created by the pandemic has changed how we work and expect to work far into the future.” Half of all respondents reported a hybrid work arrangement; 30% an exclusively remote arrangement; and 20% reported being entirely on-site. To put that in perspective, 60% of employees reported working entirely on-site in 2019.

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JD Supra Law

APRIL 12, 2023

The National Telecommunications and Information Administration (NTIA) has issued a Request for Comments (RFC) on Artificial Intelligence (“AI”) system accountability measures and policies to advance its efforts to ensure AI systems work as claimed and without causing harm. The RFC is targeting self-regulatory, regulatory, and other measures and policies to provide reliable evidence that AI systems are legal, effective, ethical, safe, and otherwise trustworthy.

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McKinsey Operations

APRIL 12, 2023

Meeting decarbonization targets requires reducing CO2 emissions from the difficult-to-abate chemical industry. The German chemical industry exemplifies what can be done if four levers are pulled.

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JD Supra Law

APRIL 12, 2023

On March 30, 2023, the Supreme Court of Canada dismissed Pharmascience’s application for leave to appeal (Docket No. 40400) a decision of the Federal Court of Appeal (FCA) upholding the validity of two patents relating to apixaban (Bristol-Myers Squibb’s ELIQUIS).

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IP and Legal Filings

APRIL 12, 2023

I ntroduction Hermes International recently filed a lawsuit against Crimzon Fashion Accessories Private Limited, alleging Trademark Infringement. Crimzon Fashion Accessories Private Limited specialises in leather goods, lifestyle accessories, home furnishings, jewellery, fragrances, and accessories for home. On December 23, 2022, the court ruled in favour of Hermes International, permanently restrained the defendant from using the mark, and ordered it to remove the infringing listings from its w

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JD Supra Law

APRIL 12, 2023

Automakers and their suppliers have long been participants in unfair trade investigations before the International Trade Commission (“ITC”), but the scope and subject matter of automotive-related investigations is evolving. Trends in the automotive industry—including automation, artificial intelligence, electrification, connectivity, and advanced security—are increasing automotive industry participation (direct and indirect) in ITC investigations involving less conventional automotive technology

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Michael Geist

APRIL 12, 2023

The government’s online harms bill, led by Canadian Heritage, is likely to be introduced in the coming weeks. My series on why the department faces a significant credibility gap on the issue opened with a look at its misleading and secretive approach to the 2021 online harms consultation , including its decision to only disclose public submissions when compelled to do so by law and releasing a misleading “What We Heard” report that omitted crucial information.

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JD Supra Law

APRIL 12, 2023

On April 3, 2023, the Federal Circuit issued an opinion in Ironburg Inventions Ltd. v. Valve Corp., addressing the scope of what invalidity grounds are subject to estoppel pursuant to 35 U.S.C. § 315(e)(2) and the burden of proof for establishing estoppel.

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The IPKat

APRIL 12, 2023

Normal 0 false 21 false false false DE X-NONE HE A design for a component part of a complex product can enjoy design protection in the EU only if the component part remains visible during normal use of the complex product ( Art. 4(2)(a) of Regulation 6/2002 , ‘Design Regulation’). This Kat recently discussed the Monz judgment of the Court of Justice of the EU (‘CJEU’) regarding the interpretation of the requirements of ‘visibility’ and ‘normal use’ here.

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JD Supra Law

APRIL 12, 2023

ARBUTUS BIOPHARMA CORPORATION v. MODERNATX, INC. Before Reyna, Schall, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: Arbutus’ patent was anticipated by an earlier Arbutus patent that incorporated the same references to describe methods of producing stable nucleic acid lipid particles (SNALPs).

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IP Watchdog

APRIL 12, 2023

The European Union is considering a new regulatory regime for the licensing and litigation of standard essential patents (SEPs) that will destabilize the global telecommunications market. This proposed regulatory regime is unbalanced in favoring implementers over innovators, and thus it threatens to hamstring the explosive technological and economic growth in this vital sector of the modern innovation economy.

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IP Law 360

APRIL 12, 2023

Anti-abortion groups urged the Fifth Circuit to affirm a Texas order blocking decades-old FDA approval of the abortion medication mifepristone, arguing the ruling curbs the agency's "callous disregard for women's well-being, unborn life, and statutory limits," while the government shot back that the order "severely harms women, healthcare systems, and the public.

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Copyright Alliance

APRIL 12, 2023

According to the Arab American Institute, there are nearly 3.7 million Americans who have ancestry that can be traced back to an Arab country. A majority of Arab American community […] The post Arab American Heritage Month 2023: Stories That Matter appeared first on Copyright Alliance.

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IP Law 360

APRIL 12, 2023

A Texas federal judge has denied a request for attorneys fees from guitar maker Gibson Brands Inc. in its successful trademark infringement lawsuit against a Florida-based competitor, citing a "lack of basic documentation" from the company's lawyers about the work they performed.

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Patently-O

APRIL 12, 2023

by Dennis Crouch A decade ago, the US Supreme Court issued a pair of decisions that upended substantial aspects of patent practice. Mayo Collaborative Servs. v. Prometheus Labs., Inc. , 566 U.S. 66 (2012); and Alice Corp. Pty. Ltd. v. CLS Bank Int’l , 573 U.S. 208 (2014). These cases broadened scope of the “abstract idea” and “law of nature” exclusions in ways that largely overlap with other patent law doctrines, such as obviousness, indefiniteness, and even enablement.

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IP Law 360

APRIL 12, 2023

Retired Senior U.S. District Judge Ronald Whyte, who presided over thousands of Silicon Valley disputes over more than 27 years, died at age 80 this week, leaving a storied judicial legacy for his work crafting nationally recognized patent laws and guiding colleagues on and off the bench.

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WIPO Magazine

APRIL 12, 2023

Since 1993, the Korean Women Inventors Association (KWIA), the world’s first association for women inventors, has been promoting the contributions that women inventors make to society, offering new generations an opportunity to generate income through their inventions with effective use of IP.

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IP Law 360

APRIL 12, 2023

A California federal judge on Wednesday issued a permanent injunction sought by Monster Energy following its $293 million false advertising win against Vital Pharmaceuticals over its Bang energy drink, ruling Vital must cease selling Bang products featuring the words "creatine" within 60 days, along with other significant restrictions.

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LexBlog IP

APRIL 12, 2023

In 2017, three indirect-purchaser antitrust class actions were filed against Johnson & Johnson and Janssen Biotech, Inc., alleging that they engaged in anticompetitive conduct relating to the sale and marketing of J&J’s REMICADE (infliximab). The class actions were brought by employee welfare benefit plans, specifically the National Employees Health Plan, the Welfare Fund of Plumbers Local Union No. 200, and the Local 295 IBT Employer Group Welfare Fund.

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IP Law 360

APRIL 12, 2023

A U.K. music company settled claims with Lil Yachty over the company's alleged use of the rapper's name without authorization to raise more than $6.5 million in venture capital funds for a line of non-fungible tokens, according to a brief filed Tuesday in California federal court.

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JD Supra Law

APRIL 12, 2023

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

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IP Law 360

APRIL 12, 2023

Native American artists and craftspeople are weighing in on draft amendment proposals for the Indian Arts and Crafts Act as the federal government looks to update the legislation with more modern regulations, including new certification trademarks.

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