Thu.Jul 03, 2025

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Fair Use and the Future of Generative AI: Lessons from the Meta and Anthropic Copyright Cases

JD Supra Law

With the release of ChatGPT in late 2022, generative AI entered the cultural zeitgeist. Not surprisingly, within a few months, the first generative AI lawsuits were filed in the U.S. (e.g., Andersen v. Stability AI, Getty v. Stability AI, Doe v. Github). Many more suits have since followed.

Fair Use 104
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Samsung Electronics leads South Korea’s patent filing giants

IAM Magazine

Visit WTR About Archive ☰ Login | Register ☰ ☰ IAM Trade Secrets News & Analysis Categories News & Analysis Long Reads Opinion Topics Copyright, designs & trademarks Finance & valuation FRAND/SEPs Law & policy Licensing Litigation Transactions Sectors Artificial Intelligence Automotive Banking & Financial Services Internet & IoT Life Sciences Mobile communications Semiconductors Telecommunications Regions Africa & Middle East Asia-Pacific Europe Latin America & Caribbean North America Report

Patent 81
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Recent Decisions Clarify Fair Use Doctrine in AI Context

JD Supra Law

Two Northern District of California courts handed down decisions last week in two key copyright lawsuits that challenged the use of copyrighted print and digital books in training the large language models (LLMs) that are at the heart of generative artificial intelligence (Gen-AI) platforms. These two decisions represent the second and third decisions to determine whether copying written materials when training LLMs is “fair use.

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Copyright Chaos in California: Two AI Cases, Two Days Apart, Two Very Different Decisions

Copyright Alliance

Over the past few years, we have seen the number of AI training copyright infringement/fair use court cases steadily climb and waited with great anticipation for the day when decisions […] The post Copyright Chaos in California: Two AI Cases, Two Days Apart, Two Very Different Decisions appeared first on Copyright Alliance.

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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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Key Federal Circuit Patent Rulings Impacting Your Business…

JD Supra Law

In EcoFactor, Inc. v. Google LLC, the en banc United States Court of Appeals for the Federal Circuit reversed a district court’s denial of a new trial on damages because EcoFactor’s expert’s opinion was unreliable under Fed. R. Evid. 702 and Daubert. 137 F.4th 1333, 1338 (Fed. Cir. 2025).

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Ip Valuation in Corporate Finance: Can Trademarks Get You A Loan?

IIPRD

As ideas, innovation, and intangibles increasingly dominate the global business landscape, intellectual property (IP) has quickly become a bedrock of corporate value. Intellectual property is no longer just a legal construct for safeguarding creativity or a legal right that enables companies to stop 3rd parties from copying their ideas. IP has now evolved into a strategic business asset.

IP 59

More Trending

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Never Too Late: If you missed the IPKat last week!

The IPKat

Here’s a quick look at what’s new on The IPKat!Plant VarietiesJocelyn Bosse analysed the recent changes to the plant variety rights system in South Africa.Copyright and AIEleonora Rosati reviewed the Opinion of Advocate General Spielmann regarding copyright protection of a derivative work.

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Fair use or foul play? The AI fair use copyright line

JD Supra Law

The US District Court for the Northern District of California granted summary judgment in favor of an artificial intelligence (AI) company, finding that its use of lawfully acquired copyrighted materials for training and its digitization of acquired print works fell within the bounds of fair use.

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Trends and key takeaways from trade secret litigation in Brazil

IAM Magazine

Visit WTR About Archive ☰ Login | Register ☰ ☰ IAM Trade Secrets News & Analysis Categories News & Analysis Long Reads Opinion Topics Copyright, designs & trademarks Finance & valuation FRAND/SEPs Law & policy Licensing Litigation Transactions Sectors Artificial Intelligence Automotive Banking & Financial Services Internet & IoT Life Sciences Mobile communications Semiconductors Telecommunications Regions Africa & Middle East Asia-Pacific Europe Latin America & Caribbean North America Report

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DOD Releases Intellectual Property Guidebook: Key Insights for Defense Contractors, Part 1

JD Supra Law

On May 1, 2025, the Department of Defense (DOD) released its much-anticipated Intellectual Property (IP) Guidebook (Guidebook). The Guidebook is a must-read for defense contractors who are looking to protect their IP when doing business with DOD, and who want to better understand the ins-and-outs of IP and data rights in government contracts. We agree with DOD that this Guidebook will “aid the Department’s acquisition professionals in development, execution, and management of effective IP.

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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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Efficient Power Appeals Stewart Decision After Patent Is Axed

IP Law 360

Efficient Power Conversion is appealing acting U.S. Patent and Trademark Office Director Coke Morgan Stewart's rejection of its request that she apply new policies on when Patent Trial and Appeal Board petitions should be denied to a decision that invalidated its microchip patent.

Patent 52
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Name, Image and Likeness ("NIL"), Right of Publicity ("ROP") and Social Media Influencer Agreements. Sports representation for amateur, college, Olympic, Paralympic, and professional athletes in all sports, including cheerleaders and coaches.

JD Supra Law

With the formation of the new College Sports Commission, things are starting to get intriguing. There is a new commission headed up by Bryan Seeley, a former United States Federal Prosecutor whose job, among other things, is to seek to make sure college sport NIL deals are legitimate and reasonable, fall within the rules and guidelines, and otherwise are within comparable player-athlete deals to ensure the integrity of college sports going forward.

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Fortnite Creator Accused Of IP Violations For In-Game Comms

IP Law 360

The creator of the popular video game Fortnite has been sued by a California company claiming the game's player-to-player messaging options infringe patents it holds related to communications via internet protocols.

IP 52
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CRISPR Dispute Heats Up With Recent Federal Court Decision

JD Supra Law

On May 12, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) revived the Regents of the University of California’s (Regents) challenge to the Broad Institute’s CRISPR-Cas9 patents, overturning a 2022 decision by the Patent Trial and Appeal Board (PTAB)[1]. The main issue centers on inventions related to the CRISPR-Cas9 editing in eukaryotic cells.

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Louis Vuitton — the big IP player that keeps on giving

Likelihood of Confusion

Originally posted 2016-09-09 15:24:34. Republished by Blog Post PromoterAh hah! Two of my favorite subjects, like peanut butter and chocolate, in one candy bar: prof amici in @LouisVuitton case argue federal trademark dilution statute “is in fatal tension w/ 1st amendment.” [link] — alexandra j. roberts (@lexlanham) August 27, 2016 From the “On the Case” […] The post Louis Vuitton — the big IP player that keeps on giving appeared first on LIKELIHOOD OF CONFUS

IP 64
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Did They Want to Infringe? – Federal Circuit Denies Declaratory Judgment When Party at No Risk of Lawsuit

JD Supra Law

[MITEK SYSTEMS, INC., v. UNITED SERVICES AUTOMOBILE ASSOCIATION [OPINION]] - Before Taranto, Schall, and Chen. Appeal from the United States District Court for the Eastern District of Texas. The plaintiff could not seek declaratory judgment of non-infringement because (i) its product did not meet all the limitations of the asserted claims and (ii) the DJ proceeding could not have resolved the issue of whether the plaintiff must indemnify customers who modified the product.

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Qualcomm Limits Access Of Rival's US Attys To UPC Case

IP Law 360

The Unified Patent Court upheld on Thursday a lower tribunal's decision to limit how many U.S. attorneys representing Network Systems Technologies LLC can access confidential Qualcomm materials in a trio of European patent infringement disputes.

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Government Signals Potential Shift Toward Preliminary Injunctions in Patent Infringement Cases

JD Supra Law

In a recent patent case, the U.S. government urged a Texas federal court to give greater weight to the difficulty of calculating damages as a basis for finding irreparable harm. If embraced by courts, the move could give patent holders more power to seek early injunctions and raise the pressure on defendants.

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USPTO Tells PTAB To Try Again On UNM Wireless Patent

IP Law 360

The acting head of the U.S. Patent and Trademark Office found Wednesday that the Patent Trial and Appeal Board wrongly terminated network equipment maker Zyxel's challenge to a University of New Mexico wireless communications patent without considering a remand from the Federal Circuit.

Patent 52
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[Audio] (Podcast) The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle

JD Supra Law

Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it? In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown between Jaime Rogozinski and Reddit, and why both the District Court and the Ninth Circuit said no to Rogozinski’s claim of trademark ownership. This case is a cautionary tale for creators and entrepreneurs about what really counts as “use in commerce” under trademark law.

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American Eagle, Amazon Settle Aerie TM Infringement Case

IP Law 360

American Eagle Outfitters has agreed to settle its suit claiming that Amazon used the clothing line's Aerie trademarks without permission to drive traffic to its site and trick customers into thinking Amazon sold Aerie products, according to a dismissal order filed in New York federal court.

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New Texas Legislation Means More Corporate Cases Will Be Resolved in Specialized Texas Business Courts

JD Supra Law

The Texas Legislature has refined the structure and jurisdiction of the Texas Business Court through amendments signed by Governor Abbott on June 21, 2025. The changes aim to broaden the court’s authority, streamline complex proceedings, and ensure judges have ample tools to handle high-stakes commercial disputes. Below, we summarize the most notable developments and offer practical insights on what businesses should expect moving forward.

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5th Circ. Won't Revive Singer's TM Claims Against Bandmates

IP Law 360

The Fifth Circuit has declined to revive a case between the former members of the R&B group Jade, saying the Lanham Act claims brought by one member aren't supported when they are against co-owners of a trademark.

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[Video] The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle

JD Supra Law

Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it? In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown between Jaime Rogozinski and Reddit, and why both the District Court and the Ninth Circuit said no to Rogozinski’s claim of trademark ownership. This case is a cautionary tale for creators and entrepreneurs about what really counts as “use in commerce” under trademark law.

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IPR Denial In IRhythm Should Not Set A Blanket Rule

IP Law 360

Though the Patent Trial and Appeal Board's discretionary denial in iRhythm v. Welch Allyn last month raised concerns that mere knowledge of a patent could bar inter partes review institution, a closer look at the facts and reasoning reveals why this case's holdings should not be reflexively applied to all petitioners, says David McCombs at Haynes Boone.

Patent 52
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Pembrolizumab Patent IPR Final Written Decision Issued and Director Review Requested

JD Supra Law

On June 9, 2025, the Patent Trial and Appeal Board (“Board”) issued a Final Written Decision (“FWD”) in Merck’s IPR2024-00240 against The Johns Hopkins University’s (“JHU”) U.S. Patent No. 11,591,393 (“the ’393 patent”), finding method of treatment claims 1-2, 4-7, 11-12, 14-15, 17-20, 24-25, 27-42 unpatentable as anticipated, and claims 1-42 unpatentable as obvious.

Patent 61
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SPEX To Appeal $553M Patent Verdict That Was Cut To $1

IP Law 360

SPEX Technologies Inc. will appeal a federal judge's decision to cut its $553 million verdict against Western Digital for data security patent infringement to $1 along with all other adverse rulings in the case.

Patent 52
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Seeing double? Director instructs Board to resolve claim construction pre-institution

JD Supra Law

The acting director of the US Patent & Trademark Office (PTO) vacated and remanded a Patent Trial & Appeal Board decision to institute two inter partes review (IPR) petitions that challenged the same claims. The acting director determined that the two petitions primarily differed with respect to claim construction.

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Stewart Drops Mixed Bag Of Discretionary Denial Rulings

IP Law 360

Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has released 24 more discretionary denial decisions, more than half of which she cleared challenges to move forward through the Patent Trial and Appeal Board process.

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The Federal Circuit Grounds US SPACE FORCE Trademark Application

JD Supra Law

IN RE THOMAS D. FOSTER, APC, - Before Moore, Prost, and Stoll. Appeal from the United States Patent and Trademark Office. Section 2(a) of the Lanham Act bars registration of a pending application for a mark that falsely suggests a connection as of the time of the examination and the false connection inquiry may include evidence arising during the examination process.

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Author Talks: Return to the office, or work from anywhere?

McKinsey Operations

Return-to-office mandates are on the rise. A labor economist explains why this trend isn’t sustainable and why a work-from-anywhere model could yet be the future of work.

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Eyes Open to the Past: Federal Circuit Holds Prosecution History Is Claim Construction Evidence

JD Supra Law

The Federal Circuit’s decision in Eye Therapies, LLC v. Slayback Pharma, LLC provides further insight into the tools available for patent claim construction. The Federal Circuit had previously held that a patent’s specification can evidence that the patentee intended for a term in the patent claims to have a different meaning than what is typical. Now, the Federal Circuit has held that the prosecution history—the exchanges between the U.S.

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Genentech's $122M MS Drug Royalties Case Ends In Mistrial

IP Law 360

A California federal judge declared a mistrial Thursday after jurors reached an impasse in Genentech Inc.'s $122 million breach of contract case over patent royalties from sales of Biogen MA Inc.'s multiple sclerosis medicine, telling the parties she's open to Genentech's suggestion that they forgo a jury for the retrial.

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191 Trademark Registrations Issued to Indiana Entities in June 2025

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 191 trademark registrations to persons and businesses in Indiana in June 2025 based on applications filed by Indiana trademark attorneys: 7840585 INDIANA BEACH 7828802 FAST ACT 7841673 M.O.M. METHOD 7819850 CAPXBALL 7819849 CAPSBALL 7820674 ECOBAKE 7820675 ECOBAKE 7828467 ALTERNATIVE CONVERSATIONS 7815746 7831401 C.L.E.A.N SYSTEM 7819623 NIGHTHAWK 7837215 MENDWELL 7843584 MICROWAVE MAGIC 7832158 SINCE 1905 SHAPIRO’S DELICATESSEN KOSHER STYLE

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Genentech’s UPC success shows why EU court is useful tool for pharma patentees

IAM Magazine

Visit WTR About Archive ☰ Login | Register ☰ ☰ IAM Trade Secrets News & Analysis Categories News & Analysis Long Reads Opinion Topics Copyright, designs & trademarks Finance & valuation FRAND/SEPs Law & policy Licensing Litigation Transactions Sectors Artificial Intelligence Automotive Banking & Financial Services Internet & IoT Life Sciences Mobile communications Semiconductors Telecommunications Regions Africa & Middle East Asia-Pacific Europe Latin America & Caribbean North America Report