Creative Law Center
JUNE 30, 2023
If you use AI technology to create work, you can claim copyright protection for your contribution to that work. Here's how to file your application for copyright registration. The post AI-generated Content and Copyright Registration appeared first on Creative Law Center.
TorrentFreak
JUNE 30, 2023
Generative AI models such as ChatGPT have captured the imagination of millions of people, offering a glimpse of what an AI-assisted future might look like. The new technology also brings up novel copyright questions. Several rightsholders are worried that their work is being used to train AI without any form of compensation, for example. How these and other copyright questions will be dealt with is not entirely clear.
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IP Watchdog
JUNE 30, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) has granted a rare en banc review of its January, 2023, decision in LKQ Corporation v. GM Global Technology Operations, which affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious.
TorrentFreak
JUNE 30, 2023
For responsible adults with decades of experience from which to draw their own conclusions, the idea that adults we have never met have the power to govern our online activities is a borderline insult. Of course, governments have a responsibility to protect all, so for every person who gets upset at politicians poking around in their private business, theory suggests there should be others who stand to benefit from whatever intervention is currently under discussion.
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
JUNE 30, 2023
We recently about the seeking preliminary relief under the Rocket Docket’s procedures. A recent decision from Judge Alston in the Alexandria Division is a good example of the speed in which the court acts in the context of the unique circumstances of a private litigant seeking a preliminary injunction against the U.S. government. CACI, Inc. v. United States Navy, Civil Action No. 1:23CV478 (RDA/IDD), 2023 U.S.
TorrentFreak
JUNE 30, 2023
The Alliance for Creativity and Entertainment ( ACE ) is the most active anti-piracy coalition, assisting enforcement efforts around the world. The group is backed by prominent rightsholders such as Apple, BBC, beIN, Canal+, Disney, Sky, Netflix, and Warner Bros, as it systematically hunts down key piracy players. Through new partnerships and connections, ACE expanded its work in the MENA region last year.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
JUNE 30, 2023
This week in Other Barks & Bites: The United States Patent and Trademark Office (USPTO) notifies 61,000 trademark applicants of a data breach; USPTO Director Kathi Vidal admonishes VLSI; and the European Patent Office (EPO) announces a 2.5% increase in patent applications.
The IPKat
JUNE 30, 2023
There has been a new referral to the Enlarged Board of Appeal (EBA). This first referral of 2023 seeks clarification on the enablement test for prior use of a product. The referral particularly asks whether the non-enabling prior use of a product excludes the composition of the product from the prior art or whether it also excludes the product per se (i.e. so that it can not be used as a starting point for inventive step).
The Illusion of More
JUNE 30, 2023
On May 18, the Supreme Court delivered opinions in Gonzalez v. Google and Twitter v. Taamneh, a pair of interrelated cases in which both plaintiffs sought to hold online platforms liable for hosting material meant to inspire acts of terrorism. Because the Court unanimously found in Taamneh that there was no basis in anti-terrorism law […] The post AI, Search, & Section 230 appeared first on The Illusion of More.
IP Law 360
JUNE 30, 2023
The past week in London has seen law firm Simkins LLP hit dot-com investor Robert Bonnier with a breach of contract claim, Russian oligarch and CEO of Nornickel Vladimir Potanin sued for a second time by aluminum giant Rusal, and easyJet’s parent company sue four more companies in trademark claims over the term 'easy.' Here, Law360 looks at these and other new claims in the U.K.
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JD Supra Law
JUNE 30, 2023
Last week REGENXBIO Inc. and the Trustees of the University of Pennsylvania filed suit in Delaware against Sarepta Therapeutics, Inc., Sarepta Therapeutics Three, LLC, and Catalent, Inc., alleging that the defendants’ adeno-associated virus (“AAV”) technology gene therapy product has infringed or will infringe U.S. Patent No. 11,680,274 (“the ‘274 Patent”).
IP Law 360
JUNE 30, 2023
A California federal judge on Friday shot down The Brandr Group LLC's bid for a temporary restraining order in a suit accusing Electronics Arts Inc. of exploiting student athletes for an upcoming video game, saying the agency failed to show any risk of immediate harm.
U.S. Department of Commerce
JUNE 30, 2023
Commerce's EDA Celebrates Pride June 30, 2023 KCPullen@doc.gov Fri, 06/30/2023 - 09:40 The Progress Pride flag flies in front of the U.S. Department of Commerce Pride Month — observed each June — is both a celebration of progress for LGBTQI+ rights, and an opportunity to raise awareness of persistent challenges to those rights. President Biden’s proclamation on Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Pride Month recognizes it as a time to “honor a movement that has grown
IP Law 360
JUNE 30, 2023
A recent U.S. Copyright Office webinar addressed when and how applicants should disclose excluded content generated by artificial intelligence, providing some needed clarity on the theoretical principles laid out in its March guidance, say attorneys at Rothwell Figg.
U.S. Department of Commerce
JUNE 30, 2023
Commerce Pride and Bringing Cultural Awareness and Inclusion to Commerce June 30, 2023 KCPullen@doc.gov Fri, 06/30/2023 - 14:12 Matt Phan (he/him) is the President of Commerce PRIDE, the Department’s cross-bureau queer employee resource group. He has also been the Librarian with the Commerce Research Library for over five years, helping the Department with its diverse information needs.
IP Law 360
JUNE 30, 2023
Norton Rose Fulbright has added an intellectual property trial attorney from Sidley Austin LLP with a technical background in software engineering and over 15 years of experience in litigation involving trade secrets and patents.
JD Supra Law
JUNE 30, 2023
How far does the Lanham Act’s reach extend? The Supreme Court gave us one answer in Abitron Austria GmbH et al. v. Hetronic International, Inc. and made it simple: not very far.
IP Law 360
JUNE 30, 2023
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a miniscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
Trading Secrets
JUNE 30, 2023
On January 1, 2022, the latest amendments to the Illinois Freedom to Work Act (“Act”) became effective. As we previously described , that Act sets forth various requirements governing restrictive covenant agreements in Illinois. Among other things, the Act codified the so-called Fifield Rule by defining adequate consideration for enforcement of a restrictive covenant to be either two years of employment or some other consideration, such as “additional professional or financial benefits.
IP Law 360
JUNE 30, 2023
Riot Games, the creator of hit video game League of Legends, informed a California federal court that it has settled its trademark infringement case against a company marketing a game controller called "RiotPWR.
The TTABlog
JUNE 30, 2023
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled four (IV) oral hearings for the month of July 2023. The first and third hearings will be held in-person, the second and third via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. July 13, 2023 - 11 AM: In re Molina Healthcare, Inc. , Serial Nos. 90887104 and 90887134 [Refusals to register MY HEALTH PERKS and MOLINA MY HEALTH PERKS for "Providing information in the fields of h
JD Supra Law
JUNE 30, 2023
Art piracy has captured the news. Scotus has decided Andy Warhol’s artwork was not a fair use of a photograph of Prince and a Manhattan jury found that Ed Sheeran didn’t pirate the Marvin Gaye classic “Let’s Get It On”. Sheeran played his guitar and sang in the courtroom to show the jury that his Grammy-winning song “Thinking Out Loud” didn’t steal a note.
The TTABlog
JUNE 30, 2023
E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com. Section 2(d) - Likelihood of Confusion: TTABlog Test: Is BILT Confusable With BUILT TO INSPIRE for Non-metal Mailboxes?
JD Supra Law
JUNE 30, 2023
In an unusual bipartisan effort, Senator Thom Tillis (R-N.C.) and Senator Chris Coons (D-Del.) have introduced a pair of bills that seek to strengthen US patents by limiting permissible challenges. The bill led by Tillis, titled the Patent Eligibility Restoration Act of 2023 (PERA), seeks to clarify what technology is eligible for patent protection.
43(B)log
JUNE 30, 2023
Chair: João Quintais Samuelson: Joel Reidenberg’s Lex Informatica is a foundational text worth revisiting. Riffs off of the concept of law of trade; what happened was that people engaged in inter-area commerce made up sales law through their practices. Informal rules became law; he was thinking that Lex Mercatoria was a metaphor for Lex Informatica, where similarly we need to think about new tools.
JD Supra Law
JUNE 30, 2023
Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the application of the Rogers test in trademark infringement cases Jack Daniel's Properties Inc. v. VIP Products LLC and Hermès International SA v.
LexBlog IP
JUNE 30, 2023
Beginning tomorrow, July 1, 2023, CYLTEZO® (adalimumab-adbm) will become the first HUMIRA® (adalimumab) biosimilar with interchangeable status to be commercially available in the United States. Boehringer Ingelheim has also announced that with CYLTEZO’s commercial launch, pharmacy-benefit manager Optum Rx (a subsidiary of UnitedHealth Group), which currently covers more than 66 million patients, will place CYLTEZO injection as a preferred brand on its commercial formulary.
IP Law 360
JUNE 30, 2023
A California federal jury cleared Gilead and Teva on Friday in a $3.6 billion antitrust case claiming the pharmaceutical giants struck an illegal "pay-for-delay" patent deal that inflated prices for two HIV medications, finding plaintiffs hadn't shown Gilead had market power or that it paid Teva to delay its generics.
LexBlog IP
JUNE 30, 2023
A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Read more about this case here. Listen to this podcast episode here.
JD Supra Law
JUNE 30, 2023
A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on the this episode of The Briefing by the IP Law Blog.
LexBlog IP
JUNE 30, 2023
Those in the business of tracking and monitoring illegal software usage with “phone home” technology should be held to a strict reading of the statute of limitations. As a seasoned software copyright lawyer having handled hundreds of infringement defense matters with various companies such as Ansys, Siemens, Autodesk, Microsoft, Solidworks/Dassault, Vero/Hexgaon, Synopsis, and others, I have come to find a common trend that may need legislative addressing.
JD Supra Law
JUNE 30, 2023
Establishing jurisdiction over a defendant is critical in every lawsuit. Trade secret cases are certainly no different. A recent appellate decision from Texas underscored this important point by dismissing a plaintiff’s claim against a defendant – who did not even deny that he received misappropriated trade secrets – for lack of jurisdiction.
The IP Law Blog
JUNE 30, 2023
A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Read more about this case here. Listen to this podcast episode here.
LexBlog IP
JUNE 30, 2023
On January 1, 2022, the latest amendments to the Illinois Freedom to Work Act (“Act”) became effective. As we previously described , that Act sets forth various requirements governing restrictive covenant agreements in Illinois. Among other things, the Act codified the so-called Fifield Rule by defining adequate consideration for enforcement of a restrictive covenant to be either two years of employment or some other consideration, such as “additional professional or financial
JD Supra Law
JUNE 30, 2023
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.
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