Copyright Alliance
MAY 19, 2023
Yesterday, the Supreme Court, in a 7-2 opinion written by Justice Sonia Sotomayor, found that the purpose and character of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s photograph […] The post Landmark Warhol Decision Reins in Transformative Fair Use appeared first on Copyright Alliance.
TorrentFreak
MAY 19, 2023
When the French government formed a new anti-piracy agency called Hadopi, the mission was to significantly disrupt BitTorrent and similar peer-to-peer file-sharing networks. Hadopi was a pioneer of the so-called “graduated response” scheme which consists of monitoring a file-sharer’s internet activities and following up with a warning notice to deter their behavior.
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JD Supra Law
MAY 19, 2023
This morning, the US Supreme Court issued its opinion in Amgen v. Sanofi, a closely watched case concerning patent law’s enablement requirement. Under that requirement, codified at 35 U.S.C. § 112(a), a patent specification must enable a person skilled in the relevant art “to make and use” the invention. In a unanimous decision, the Court affirmed the Federal Circuit’s ruling that the Amgen patent claims at issue are not enabled.
43(B)log
MAY 19, 2023
Roblox Corp. v. Wowwee Gp. Ltd., 2023 WL 2433970, -- F. Supp. 3d --, No. 22-cv-04476-SI (N.D. Cal. Mar. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Users interact with the platform through virtual characters known as “Avatars.” Roblox’s “Classic Avatars” are “humanoid figures with cylindrical heads, C-shaped hands, block-shaped bodies and legs, square or rounded arms, and cartoon-like facial expressions.
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?
JD Supra Law
MAY 19, 2023
It has been nearly twenty years since the US Supreme Court has considered whether a creative work qualifies as a transformative use under the Copyright Act. The last time was in 1994, when the Court in Campbell v. Acuff-Rose Music, Inc. stated that the central inquiry of transformative use is “whether the new work merely supersede[s] the objects of the original creation, or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning,
The IPKat
MAY 19, 2023
Here are the latest opportunities and events to find out about. A Kat playing outside Copyright 25 May 2023: “Respect for IP Webinars: Copyright Infringement Issues in the Metaverse”. On 25 May 2023 WIPO will hold a webinar on “Copyright Infringement Issues in the Metaverse”. This webinar will delve into copyright infringement issues that are prevalent in the metaverse.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
MAY 19, 2023
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, cloud software giant Salesforce is seeking to stop food delivery service DoorDash from registering the term "DashForce" as a trademark — plus five other cases you need to know.
JD Supra Law
MAY 19, 2023
With the rise of Bitcoin and other cryptocurrencies, a large number of “miners” use extremely large (and expensive) amounts of power to “mint” new “coins” for these cryptocurrencies. This “minting” process often involves advanced computers running complex and power-intensive mathematical operations. Recent estimates by the government put total global electricity usage for crypto-assets between 120 and 240 billion kilowatt-hours per year, a range exceeding the total annual electricity usage of.
IP Law 360
MAY 19, 2023
The Second Circuit has refused to revive a lawsuit from several models who claimed a strip club was using their photos to promote the club without their knowledge or consent, finding multiple factors weighed against the models.
JD Supra Law
MAY 19, 2023
Earlier this month, a new Drake and Weekend collaboration disrupted the Internet. The only problem was it wasn’t a Drake and Weekend collaboration after all. The song “Heart on My Sleeve” was written and produced by TikTok user ghostwriter977.
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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.
IP Law 360
MAY 19, 2023
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
JD Supra Law
MAY 19, 2023
The questions from the high court during oral argument at the end of March 2023 were fairly telling of the 9-0 ruling that came down yesterday in Amgen, Inc. v. Sanofi (No. 21-757). In fact, it did not come as much of a surprise when the Supreme Court left intact the lower courts’ invalidity ruling against Amgen and simultaneously affirmed a narrower-than-Amgen-wanted enablement requirement under 35 U.S.C. § 112.
IP Law 360
MAY 19, 2023
While the recent U.S. Supreme Court opinion in Andy Warhol Foundation v. Goldsmith narrows the scope of what qualifies as fair use, seemingly backtracking on nearly two decades of precedent, it does not close the door to appropriation art altogether, say Joshua Schiller and Benjamin Margulis at Boies Schiller.
JD Supra Law
MAY 19, 2023
Amgen Inc. et al. v. Sanofi et al, No. 21-757 (S. Ct. May 18, 2023) The Supreme Court issued a long-awaited decision today concerning the enablement requirement found in Section 112 of the Patent Act. Specifically, the case addressed the enablement requirement in relation to claims that are drafted to cover a genus or class of potential solutions. The Court affirmed that the patent specification must enable ordinarily skilled artisans to practice the full scope of the claim.
Patently-O
MAY 19, 2023
by Dennis Crouch As a member and supporter of the National Association of Patent Practitioners (NAPP), I am looking forward to the NAPP Annual Meeting and Conference scheduled for July 19-21 in Alexandria, Virginia at the USPTO Headquarters. I invite all those invested in protecting intellectual property rights to attend, especially folks who are deep in the day-to-day business of protecting patent rights.
JD Supra Law
MAY 19, 2023
The Supreme Court handed down its decision in Amgen v. Sanofi today. In Justice Gorsuch’s unanimous opinion, the Court held that the scope of the claims at issue were much broader than the 26 expressly disclosed antibodies. The Court sees these claims as being like (“bear more than a passing resemblance”) the claims held to be invalid in O’Reilly v.
IP Law 360
MAY 19, 2023
Two companies with "Global Hemp" in their names have said they intend to settle a trademark infringement dispute over whether one of the businesses tried to capitalize on the other's existing brand, according to a joint report filed in Colorado federal court.
JD Supra Law
MAY 19, 2023
The Supreme Court handed down its decision in Amgen v. Sanofi today. In Justice Gorsuch’s unanimous opinion, the Court held that the scope of the claims at issue were much broader than the 26 expressly disclosed antibodies. The Court sees these claims as being like (“bear more than a passing resemblance”) the claims held to be invalid in O’Reilly v.
The IPKat
MAY 19, 2023
In a decision issued earlier this month, the EUIPO First Board of Appeal (the Board) held that a mark comprising of the sequence of numbers from 0 to 23 could not be registered as an EU trade mark (EUTM), since it would be perceived as a listing of the product or an article number. The decision, which concerned Maison Margiela’s Magic Numbers , confirms that a pattern – whether numerical or something else – must be capable of indicating the commercial origin of the goods and/or services in quest
JD Supra Law
MAY 19, 2023
Part I of this two-part post focused on new challenges in IP procurement for businesses using AI for innovation. This second and final post will identify potential risks of IP infringement, and some additional considerations.
IP Law 360
MAY 19, 2023
Intel's attempt to secure more information about the investors in VLSI, the company that is pursuing a multibillion-dollar patent enforcement campaign against the chipmaker, has been shot down by a California federal judge, who expressed skepticism of Intel's motives.
JD Supra Law
MAY 19, 2023
In a unanimous opinion announced on Thursday, May 18, 2023, the Supreme Court affirmed a Federal Circuit opinion invalidating claims in two patents owned by drugmaker Amgen for failing to properly enable claims directed to Amgen’s antibody therapy drugs used to treat high cholesterol. The invalidated claims, Claim 9 and 29 of U.S. Patent No. 8,829,165 and Claim 7 of U.S.
IP Watchdog
MAY 19, 2023
This week in Other Barks & Bites: Sanofi wins its patent case against Amgen in front of the U.S. Supreme Court; Open AI CEO Sam Altman asks Congress to regulate the AI industry; and a former Apple employee was charged for stealing autonomous vehicle trade secrets from the tech firm.
JD Supra Law
MAY 19, 2023
The Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith issued earlier today is chock full of references to famous artists, famous works of art, famous musicians and famous celebrities dating back centuries. Given Andy Warhol’s focus on the famous during his prolific career, he’d have to be pleased to see his name and works mentioned with such celebrated company, and in a Supreme Court decision no less.
43(B)log
MAY 19, 2023
Sneed v. Ferrero U.S.A., Inc., F.Supp.3d -, No. 22 CV 1183, 2023 WL 2019049 (N.D. Ill. Feb. 15, 2023) Courts in consumer protection cases reject surveys with abandon when they don't agree with the results, but may also demand them. The court dismissed Sneed’s allegations that Ferrero’s Kinder Joy eggs were misleading because the label describes the candy as “sweet cream topped with cocoa wafer bites,” when, in fact, the “cream” is made of vegetable oils, skim milk powder and whey proteins.
IP Tech Blog
MAY 19, 2023
According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%. Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach.
JD Supra Law
MAY 19, 2023
The Board exercised discretion under § 314 to deny inter partes review in view of co-pending district court litigation. In the Institution Decision, the Board evaluated the Fintiv factors in light of the USPTO Director’s June 2022 Interim Procedure for Discretionary Denials.
LexBlog IP
MAY 19, 2023
The Universal Music Group is accusing a TikTok creator of copyright infringement after they published an AI-Generated song that was made to sound like a Drake and Weeknd collaboration. Scott Hervey and Josh Escovedo discuss this dispute in this episode of The Briefing by the IP Law Blog. Cases Discussed: Middler v. Ford Astley v. Matthew Hauri, pka Yung Gravy Listen to this podcast episode here.
JD Supra Law
MAY 19, 2023
On May 18, 2023, the US Supreme Court, in a much-anticipated decision, held that portraits of the musician Prince by Andy Warhol do not constitute fair use under copyright law. The 7 – 2 decision in Andy Warhol Foundation for Visual Arts, Inc. v.
LexBlog IP
MAY 19, 2023
According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%. Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach.
JD Supra Law
MAY 19, 2023
Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant may waive certain defenses by not raising them as to the original complaint. The District Court of Nevada is the latest court to find that a defendant may assert a new Rule 12(b) defense against an amended complaint only where the defendant challenges “new matter”.
LexBlog IP
MAY 19, 2023
When award-winning photographer Lynn Goldsmith snapped a portrait of the artist formerly known as Prince for Newsweek in 1981, she could not have predicted the cultural and legal impact the pop legend’s portrait would have. In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician.
JD Supra Law
MAY 19, 2023
Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. In doing so the Court focused not solely on the “transformative use” aspect of the first factor of a four-part fair use analysis, but on the entire first factor regarding the “purpose and character” of the allegedly infringing use.
LexBlog IP
MAY 19, 2023
The Universal Music Group is accusing a TikTok creator of copyright infringement after they published an AI-Generated song that was made to sound like a Drake and Weeknd collaboration. Scott Hervey and Josh Escovedo discuss this dispute in this episode of The Briefing by the IP Law Blog. Cases Discussed: Middler v. Ford Astley v. Matthew Hauri, pka Yung Gravy Listen to this podcast episode here.
JD Supra Law
MAY 19, 2023
Today, the Supreme Court of the United States issued six decisions: Amgen Inc. v. Sanofi, No. 21-757: This case addressed the Patent Act’s “enablement” requirement—the provision that requires a patent applicant to describe the invention “in such full, clear, concise, and exact terms as to enable any person skilled in the art.to make and use the [invention].”.
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