Wed.Jun 11, 2025

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Disney and Universal Sue Midjourney, Call it a “Bottomless Pit of Plagiarism”

Plagiarism Today

Disney and Universal have filed a copyright lawsuit against Midjourney. Here's what the two giants are claiming and why they waited so long. The post Disney and Universal Sue Midjourney, Call it a “Bottomless Pit of Plagiarism” appeared first on Plagiarism Today.

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Are AI and Machine Learning Patents Doomed After Recentive?

IP Watchdog

On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s dismissal of a patent infringement lawsuit brought by Recentive Analytics against Fox Corporation, holding that the asserted AI and machine learning patents were not patent eligible under 35 U.S.C. § 101. The decision is significant for patent attorneys and applicants in the AI space, particularly those seeking protection for inventions that incorporate machine learning (ML).

Patent 75
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3 Count: Superman Superfail

Plagiarism Today

Warner Bros. wins Superman decision, Meta's AI has memorized books completely, and pirate site visits decline in 2024. The post 3 Count: Superman Superfail appeared first on Plagiarism Today.

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USPTO Discontinues Accelerated Examination Program in Favor of Expanding Track One Program

JD Supra Law

On June 10, 2025, the United States Patent and Trademark Office (USPTO) announced that, after nearly 20 years, it will be discontinuing its Accelerated Examination Program for utility applications on July 10, 2025. The USPTO’s Accelerated Examination Program was implemented in 2006 as a way for Applicants to petition for an accelerated examination procedure that would lead to a patentability decision within 12 months or less.

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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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Pirate Sites’ Takedown Compliance Beats YouTube, Facebook, TikTok

TorrentFreak

In countries where protection is granted automatically, it’s possible for ordinary people to become copyright owners in a matter of minutes. For the lucky few with a sudden viral video on their hands, a general understanding of the ‘rules’ governing what can, can’t, or should be done next, could be of benefit. What those ‘rules’ cannot do is prevent 500, 1000, or 5,000 unauthorized copies appearing in a matter of minutes.

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USPTO Adopts Partial Trademark Replacement Rule to Align with Madrid Protocol

JD Supra Law

Effective July 2, 2025, the USPTO will accept requests for both full and partial replacement of earlier national trademark registrations with international registrations. Previously, the USPTO only permitted trademark holders to submit requests for full replacement, requiring goods and services to be identical in both the US registration and the international registration.

More Trending

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Applying Fintiv to a Parallel ITC Investigation

JD Supra Law

The Patent Trial and Appeals Board (“PTAB”) recently denied institution of an inter partes review (“IPR”), exercising its discretion under 35 U.S.C. § 314(a)and Apple Inc. v. Fintiv Inc., IPR2020-00019 (PTAB Mar. 20, 2020) (“Fintiv”), due to a pending International Trade Commission (“ITC”) investigation. Arashi Vision Inc. (U.S.) LLC d/b/a Insta360 v.

Patent 66
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Disney and Universal Become Latest to Sue Midjourney Over Generative AI Service

IP Watchdog

Disney Enterprises, Inc. et. al. and Universal City Studios Productions LLLP, et. al. filed a complaint today with the U.S. District Court for the Central District of California against the AI image generator, Midjourney. The suit accuses Midjourney of being a “bottomless pit of plagiarism.” According to the plaintiffs, Midjourney could have stopped the infringement and copying of their copyrighted works at any time—either by controlling the data used to train, by controlling the prompts users i

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California’s AB 2013: Generative AI Developers Must Show Their Data

JD Supra Law

California Assembly Bill 2013 (AB 2013), known as the Generative Artificial Intelligence: Training Data Transparency Act, was signed into law on September 28, 2024, and is set to take effect on January 1, 2026.

Law 68
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Disney, Universal Team Up For IP Suit Against AI Art Co.

IP Law 360

Disney and Universal have teamed up to sue artificial intelligence company Midjourney in California federal court, calling the startup in their Wednesday lawsuit a "copyright free-rider" for training its AI art generator with their protected works from such iconic franchises as Star Wars, Marvel's Iron Man, Shrek and The Simpsons.

Art 59
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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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New TTAB Precedent Prohibits Incorporation By Reference

JD Supra Law

In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from prior prosecution by reference in their briefs. In In re Princeton Equity Group LLC, the Board held that an applicant’s attempt to incorporate arguments from earlier filings without actually making them in the appeal brief was insufficient to preserve those arguments for.

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General Court swipes left on KinkySwipe trade mark

The IPKat

Proving that consumers know a specific word from a foreign language can be one of the most challenging endeavours in trade mark proceedings. In a recent decision of the General Court, the Match Group successfully enforced its ‘SWIPE’ trade mark against ‘KinkySwipe’ because the applicant could not establish that the Italian public understood ‘swipe’ as a descriptive term.

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Unreliable Expert Testimony Shall Not Pass 

JD Supra Law

On May 21, 2025, the Federal Circuit en banc banished the notion that the reliability of an expert’s methodology under Federal Rule of Evidence 702 (“Rule 702”) is a question of weight, not admissibility. The en banc Court vacated a jury’s award of over $20 million in damages and reversed the district court’s denial of a new trial on damages because an expert’s testimony was based on insufficient facts.

IP 63
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Patent monetisation won’t be the same after EcoFactor v Google precedent

IAM Magazine

The recent Federal Circuit ruling requires patent owners, attorneys and litigation funders to change strategies when drafting settlement and licence agreements

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[Webinar] Information Leaks: How to Respond, Investigate, and Protect Your Business - June 25th, 9:00 am ET

JD Supra Law

Information leaks can range from exposures of internal decisions and salary data to the disclosure of intellectual property, strategy documents, or board minutes. Whether accidental or intentional, these leaks demand immediate, structured action. Even seemingly minor disclosures can lead to serious legal, reputational, or operational consequences.

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Court Rejects Trespass to Chattels Claim Over Placing Cookies–Doe v. Tenet

Technology & Marketing Law Blog

This is a Meta pixels case. The pixel setup includes the placement of cookies on users’ devices. The plaintiffs argued that the cookie placement trespassed their devices. The court disagrees but gives plaintiffs leave to amend. (As usual, there is a lot more going on in this case beyond trespass to chattels, but I’m focusing this blog post just on that claim).

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I Don’t Wanna Grow Up, I’m a What Kind of Kid?  Toys R Us Takes on Vape R Us in Trademark Battle

JD Supra Law

I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company operating in a not so kid-friendly field starts using a trademark similar to that of the TOYS R US mark?

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Patent landscape analysis reveals Fraunhofer and Dolby leading audio codec race

IAM Magazine

As the market expands with innovations in smart devices, spatial audio and AI-enhanced personalisation, AAC, Opus, MPEG-H and EVS are at the forefront – with their success tightly intertwined with a web of SEPs and licensing models. Analysing the audio codec patent landscape sheds light on the key players that are driving the development of these technologies and crucial licensing strategies.

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Subject Matter Eligibility in the 21st Century: Echoes of pre-§ 103 Obviousness*

JD Supra Law

The evolution of subject matter eligibility after the Supreme Court's decisions in Prometheus v. Mayo, Alice v. CLS Bank, and Association for Molecular Pathology v. Myriad Genetics has resulted in a regime of predictable unpredictability and certain uncertainty (a recent cogent treatment of the phenomenon in computer science technology patenting can be found in "The Narrow Pathway to Patent Eligibility in the Federal Circuit").

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Patent landscape analysis reveals Fraunhofer and Dolby leading audio codec race

IAM Magazine

As the market expands with innovations in smart devices, spatial audio and AI-enhanced personalisation, AAC, Opus, MPEG-H and EVS are at the forefront – with their success tightly intertwined with a web of SEPs and licensing models. Analysing the audio codec patent landscape sheds light on the key players that are driving the development of these technologies and crucial licensing strategies.

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New Patent Cases Rebound As EDTX Seals Top Venue Spot

IP Law 360

The number of new patent suits filed in 2024 increased 22.2% over 2023, bouncing back from a historically slow year, and the Eastern District of Texas further cemented its status as the most popular patent venue after a rule change made another Texas district less attractive to plaintiffs.

Patent 52
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Copyright, Compliance, and Confidentiality: Finding Common Ground in Generative AI

Kluwer Copyright Blog

Image by Tung Nguyen from Pixabay The rise of generative AI and automated content generation has raised legal and ethical issues, making them a focal point in creative and technological sectors. As stakeholders navigate this new terrain, the EU AI Act appears as a benchmark regulatory framework. This blog briefly examines the transparency provisions and trade secret protection under the Act, not as sterile concepts of law but as relevant issues that affect interactions between creators, develope

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2nd Circ. Says Retirement Funds Can't Pay Arbitration Award

IP Law 360

The Second Circuit refused to let a Japanese video game company raid retirement accounts established by an American game development executive to pay part of a $23.3 million arbitration award related to an intellectual property dispute, ruling the funds are protected by federal benefits law.

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Copyright Protection Explained

JD Supra Law

What Is Copyright Protection? When Should A Copyright Be Filed? What is copyright? Copyright is a United States Constitutional right that provides protection to works of original authorship.

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Prior Art Ruling Highlights Importance Of Detailed Elaboration

IP Law 360

The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.

Art 52
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Patent monetisation won’t be the same after EcoFactor v Google precedent

IAM Magazine

The recent Federal Circuit ruling requires patent owners, attorneys and litigation funders to change strategies when drafting settlement and licence agreements

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Fed. Circ. Backs PTAB Invalidation Of Agilent CRISPR Patents

IP Law 360

The Federal Circuit on Wednesday affirmed Patent Trial and Appeal Board decisions finding every claim invalid in two Agilent Technologies patents on the gene-editing tool CRISPR, sealing a win for Synthego Corp., which has been accused of infringing them.

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IPBC Global 2025: Qualcomm IP boss on looking beyond smartphones for SEP growth

IAM Magazine

Speaking in Boston this week, John Han explained the fundamental strategic and commercial shift taking place among major cellular patentees&

IP 59
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These Firms Are Landing The Most Patent Litigation Work

IP Law 360

Rabicoff Law LLC reclaimed its status as the most active firm for patent plaintiffs, having filed more than twice as many cases in 2024 as it did in 2023, according to a new report from Lex Machina.

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Getty Images v Stability AI - UK trial begins. (Part 2 - copyright and database right)

The IPKat

This is the second instalment reporting on the opening of the Getty Images v Stability AI case. The first part, setting the scene and covering the trade mark and passing off claims, is available here. I had intended to cover the safe harbour defences in this post, but the copyright and database right claims are meaty enough for one day, so that will have to wait.This Kat has a headache.

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Local News Site Publisher Faces IP Claims Over Celebrity Pics

IP Law 360

A New York photographer went to Colorado federal court on Wednesday to accuse an online news company of publishing his photos of celebrities Beyoncé Knowles Carter, Jennifer Lopez and actor Justin Theroux without his permission and without paying him to license the copyrights on those pictures.

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Reading the Tea Leaves: How Trademark Applications Show WNBA and NWSL Expansion Plans and Complications

JD Supra Law

Keen sports observers sometimes use trademark applications to try to identify the names and locations of potential expansion teams that may be coming to sports leagues. Recent trademark applications by the WNBA and National Women’s Soccer League (NWSL) highlight just how complicated expansion team-related applications can be, however.

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Epic Games Hits Fortnite Cheat Maker With Copyright Suit

IP Law 360

Fortnite maker Epic Games is suing a German cheat software developer, alongside resellers of the software, in North Carolina federal court for allegedly violating copyright law and interfering with contracts Epic has with its players.

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Even frivolous FRAND-related antitrust actions risk hurting SEP holders

IAM Magazine

ZTE has hit back at Samsung’s US competition law allegations but lawyers note the patentee is facing increased risk in its global licensing battle as a result of the case

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Stewart Won't Retroactively Apply New PTAB Denial Policy

IP Law 360

Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has rejected Efficient Power Conversion's request that she apply her new policies on when Patent Trial and Appeal Board petitions should be denied to a case instituted last year that invalidated the company's patent.