Thu.Feb 02, 2023

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AI and copyright in 2022

Kluwer Copyright Blog

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. 1. Generative AI Computer-generated art reached a tipping point in 2022. Experiments with AI-generated images go back decades (such as the computer programs of Harold Cohen starting in the 1970s).

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Revolution Rope Inventor Tells Justices She Deserves Her Day in Article III Court

IP Watchdog

The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, argued in a reply brief to the U.S. Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S. Patent and Trademark Office (USPTO).

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Top Russian Official Thanks Pirates For Enabling Access to ‘Enemy’ Content

TorrentFreak

Russia’s invasion of Ukraine coupled with retaliatory measures and dangerous brinkmanship threatens to destabilize the entire planet. When a broad coalition of countries imposed sanctions on Russia last year, the goal was to limit Putin’s ability to wage war without resorting to war itself. Sanctions were ostensibly crafted to curtail military capability while meting out punishment to Russia’s elite.

Cinema 126
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In Response to Questions Signaling Major Changes to Patent System, Commenters Ask USPTO: ‘Where’s Your Data?’

IP Watchdog

Yesterday, February 1, was the deadline for submissions to the U.S. Patent and Trademark Office (USPTO) on its call for responses to a number of questions purportedly aimed at making U.S. patents more “robust and reliable.” But many commenters have weighed in to question why the Office is relying on data driven by advocacy groups to explore potentially major adjustments to the U.S. patent system when, as the expert agency on patents, it has not yet undertaken a data-driven study itself to confir

Patent 119
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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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Omi in a Hellcat “Said He’d Kill Me” Pirate IPTV Co-Defendant Tells Court

TorrentFreak

When the federal government shut down pirate IPTV services owned by Pennsylvania and New Jersey man, Bill Omar Carrasquillo in November 2019, it became one of the most high-profile anti-piracy operations ever conducted in the United States. Under handles including “Omi in a Hellcat” and “Targetin1080p” Carrasquillo publicized almost everything he did on social media, from selling pirate subscriptions and devices, to banking the mountains of cash he undoubtedly made from t

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Patent Filings Roundup: Latest Mohan Rao Vehicle Semiconductor Patents Challenged; Competitor Suits Dominate

IP Watchdog

It was a relatively average week for patent filings, with 58 district court complaints and 19 new Patent Trial and Appeal Board petitions filed—that’s a tad low—all inter partes reviews (IPRs). There were more fake meat IPRs filed against Impossible Foods by Motif Foodworks; no discretionary denials last week; lots of frequent litigants saw IPRs instituted against asserted patents this week; unknown Qualserve Solutions LLC sued Samsung on what appears to be standard-essential LTE networking func

Patent 105
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“Not My Work”: When Artists Dispute Authorship

JD Supra Law

The assumption that artists love credit is challenged when an artist appears to repudiate their authorship. Sometimes repudiation arises from personal animus while in other instances an artist might feel that their work is no longer “up to snuff.”.

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MGA Atty's N-Word Use Looms Over Doll Retrial Featuring T.I.

IP Law 360

MGA Entertainment indicated Thursday it will seek to introduce vulgar rap lyrics and allegations of criminal behavior connected to hip-hop moguls T.I. and Tameka "Tiny" Harris in a May retrial of their intellectual property battle over a line of popular dolls, a strategy the Harrises say is racist.

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Who Owns Your ChatGPT Output? (Hint: Probably Not You)

JD Supra Law

ChatGPT is a large language model developed by OpenAI. It is based on the transformer architecture and trained on a massive dataset of text from the Internet. It has the ability to generate human-like text and can be used for a variety of natural language processing tasks such as language translation, question answering, and text completion. It is first pre-trained on a large corpus of general text and can be fine-tuned for specific tasks or domains.

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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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Obviousness Test for Design Patents Unchanged

The IP Law Blog

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements.

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Do You Know The Best Way to Protect Your Intellectual Property?

azrights

Intellectual Property (IP) is part and parcel of business, yet it abounds with misconceptions. For example, it’s not generally appreciated that protecting IP starts by understanding how to choose effective names, address questions of brand architecture, such as after a merger, as well as to know how the various IP rights protect key aspects of products and services.

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The Nice Classification Adds Language Related to NFTs, the Metaverse and Crypto Assets

JD Supra Law

Over the last few years, there has been increasing debate surrounding the appropriate trademark classification for digital assets. The most recent edition of the Nice Classification (the 12th Edition), which took effect on January 1, 2023, provides certain important clarifications to this growing area.

Editing 98
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Workflow of the Future: Standards & Sustainability Part II

Velocity of Content

In early December, CCC hosted “ Workflow of the Future: Standards & Sustainability ” a webcast where a panel of industry experts discussed sustainability challenges in trying to reduce our impact on the environment and in managing the effects of the changing environment itself. The first post in this series featured Holly Elwood, Senior Advisor for the EPA’s Environmentally Preferable Purchasing Program , which helps federal agencies factor the environment into purchasing decisions.

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[Ongoing Program] Life Sciences Session: Pharma Brands v. Generics: Developments Affecting the Balance Between Exclusivity and Market Entry - March 2nd, 10:00 am - 11:00 am JST

JD Supra Law

We are committed to providing insightful commentary on IP developments from around the world to our Japanese clients. In light of that effort, we are continuing our free monthly webinar series, McDermott IP Focus. During these sessions, we will explore global developments in IP including disputes, transactions, and procurement, with a significant focus on what Japanese companies need to know during this ever-changing business landscape.

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Introducing the Australian Consumer Loyalty Survey

McKinsey Operations

Consumer-facing organizations in Australia can overcome declining consumer sentiment by investing in their loyalty programs.

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Failures Are Valuable IP: Protect Your Startup’s Negative Trade Secrets

JD Supra Law

Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source code, and algorithms as trade secrets. But tech companies may not be aware of another powerful form of IP protection in California known as “negative trade secrets,” which are intended to protect a company’s secret know-how gained from extensive research investment about what does not work.

IP 97
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Digital and AI-enabled wealth management: The big potential in Asia

McKinsey Operations

The region’s mass-affluent and affluent segments are growing fast, and their demand for wealth management is evolving. Successful strategies will use digital and AI to access—and win—this market opportunity.

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Amendments to IT Rules

IP and Legal Filings

Introduction The Ministry of Electronics and Information Technology (MeitY) was designated as the focal ministry for all issues pertaining to the online gaming sector on December 23, 2022. Following this development, MeitY released a draught modification (Proposed Amendment) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (IT Rules 2021) on January 2, 2023, expanding the scope of the IT Rules 2021 to include intermediaries for online gambling.

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Why you can’t tread water when inflation is persistently high

McKinsey Operations

Inflation destroys value across almost every industry. When high inflation is persistent, companies that merely maintain the same margins and returns are likely to destroy value.

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Black History Month: A Career of Firsts for a Diversity-Minded CFO

U.S. Department of Commerce

Black History Month: A Career of Firsts for a Diversity-Minded CFO February 2, 2023 KCPullen@doc.gov Thu, 02/02/2023 - 11:37 By George E. Jenkins, Chief Financial Officer for the National Institute of Standards and Technology (NIST) I grew up on a plantation in Savannah, Georgia, in the deeply segregated South. My grandfather and father were butlers and field hands, and my mother was a maid.

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TransUnion Faces Challenge To Overturned $18.3M Verdict

IP Law 360

An Ohio startup has appealed a federal judge's decision to zero out an $18.3 million jury verdict it obtained against TransUnion for allegedly holding its source code hostage after ending a business agreement.

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TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

The TTABlog

The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Results will be found in the first comment. In re Garden Artisans LLC , Serial No. 88705122 (January 24, 2023) [not precedential] (Opinion by Christopher Larkin). [Mere descriptiveness refusal of GARDEN ARTISANS for, inter alia , bird baths, metal arbors, ceramic figures, and works of art made of glass.

Art 67
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Litigators Should Approach AI Tools With Caution

IP Law 360

Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

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Director Vacates PTAB Adverse Judgments in Precedential Director Review

JD Supra Law

Director Vidal’s sua sponte Director Review decision of Apple Inc. v. Zipit Wireless, Inc. (IPR2021-01124, -01125, -01126, -01129) was recently designated as precedential. The decision dealt an immediate setback for Apple and will likely have a long-term effect on inter partes review (IPR) procedures.

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Disney Urges Justices To Pass On 'Toy Story 3' TM Fight

IP Law 360

Media conglomerate Disney urged the U.S. Supreme Court on Thursday not to take up its trademark dispute with a stuffed-animal manufacturer over the "Toy Story 3" character Lotso, arguing the Ninth Circuit didn't overexpand trademark protection and misuse a 1989 test regarding free speech.

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Arius Two, Inc. v. Alvogen PB Rsch. & Dev. LLC - Belbuca® (Buprenorphine)

JD Supra Law

Case Name: Arius Two, Inc. v. Alvogen PB Rsch. & Dev. LLC, No. 2022-1394, 2022 WL 17828352 (Fed. Cir. Dec. 21, 2022) (Circuit Judges Chen, Clevenger, and Cunningham presiding; Opinion by Chen, J.) (Appeal from D. Del., Connolly, J.).

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ITC Clears Cannabis Cos. In Vaping IP Investigation

IP Law 360

The U.S. International Trade Commission's chief administrative law judge has found that a variety of companies importing vaping cartridges don't infringe a trio of patents.

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Dragons’ Den, Episode 5, Series 20

Dragons' Den

A real mixed bag in tonight’s episode. From van alarms to fashion, bag pipes to apps – it just goes to show that IP affects every area of business. However, there was one thing the entrepreneurs had in common.they were seeking that all important investment from the Dragons. “You just mentioned IP” First up in the Den, we had entrepreneur and inventor Michael Horsfall, asking for 45k in exchange for 10% of his Van Guardian business.

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China: Patent litigation

IAM Magazine

After discovering an infringement, the best way for patent owners to enforce their rights in China is to file a civil lawsuit before a court, requesting cessation of the infringement and compensation for economic losses.