Wed.Jun 18, 2025

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AG Emiliou advises CJEU on pastiche (while adopting very critical stance on EU copyright system as a whole and past CJEU case law too)

The IPKat

Moses PelhamWhat does 'pastiche' mean? A question like this, raised a few years ago, would probably have sounded esoteric - if not plainly weird - to most. Yet, it is now at the centre of one of the most important recent referrals to the Court of Justice of the European Union (CJEU): Pelham II, C-590/23 [IPKat here, here, here, here, here].

Law 126
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Beyond Copyright: Reddit’s Lawsuit Against Anthropic

JD Supra Law

On June 4, 2025, Reddit, Inc. (“Reddit”) filed suit against Anthropic, PBC (“Anthropic”) in the Superior Court of California, alleging that Anthropic scraped and commercially exploited Reddit user data—including deleted posts—without consent or compensation. Unlike recent enforcement efforts that have centered on establishing copyright infringement liability, Reddit’s complaint brings five causes of action—breach of contract, unjust enrichment, trespass to chattels, tortious interference, and.

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The hidden crisis: why insider threat statistics fail to capture trade secret theft reality

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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Seeing Around Corners: Where Disruption and Antitrust Meet

JD Supra Law

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment, presenting both threats and opportunities for companies in a wide array of industries. While disruption is predominantly thought of as a business issue, antitrust risks are often lurking in the background.

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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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CAFC Says it Can’t Review Matters from ITC that Are Not Ancillary to a Final Determination

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today holding that it does not have jurisdiction to review appeals outside of final decisions on the merits from the International Trade Commission (ITC) that affect the entry of articles. Realtek appealed the ITC's denial of its motion for sanctions against Future Link, arguing that both the ITC ALJ and the Commission itself violated the Administrative Procedure Act (APA) by rejecting the sanctions request.

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Split Federal Circuit Decision Emphasizes Need for Skilled Counsel

JD Supra Law

Complex damages analyses require skilled professionals who understand the law and facts of each case to navigate to success. The Federal Circuit’s recent en banc ruling in EcoFactor v. Google reiterates that point. The majority opinion does not clarify damages jurisprudence, instead, as highlighted by the dissent, it will exacerbate confusion about damages to the unprepared.

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Imitation Game: Legal Considerations with Dupes-Based Business Models

JD Supra Law

Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next to their name-brand counterparts to the emergence of “smell-alike” perfumes, the concept of offering a more affordable alternative to a popular product is not new.

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Dangerous Curves Ahead: Evolving Landscape of Patent Eligibility After Contour IP Holding

IP Watchdog

While the Alice v. CLS Bank decision has been with us for over 10 years, subject matter eligibility case law still seems to defy predictability. The recent Contour IP Holding case gives us a new data point and another curve on the road. In Contour IP Holding, a patented video streaming technology was initially struck down in the district courts as ineligible, only to be revived by the Federal Circuit in a rare 101 reversal.

IP 59
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Intellectual Property Due Diligence "Red Flags"

JD Supra Law

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small servings of technical contract insights prepared by our seasoned attorneys. This month, we're discussing intellectual property due diligence.

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Is it a Marketplace or just a Directory? The DHC Considers the Trademark Infringements from IndiaMART

SpicyIP

On the Delhi High Court’s DB judgement setting aside the interim injunction on the online B2B platform IndiaMART, SpicyIP intern Arnav Kaman explains how the decision sets the right tone by allowing IndiaMART to claim safe harbour defence and clarifying that the liabilities of the trademark infringement lie only between the buyer and seller and not such platforms.

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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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Why Should I Register My Trademark?

JD Supra Law

You have a brand—a trademark—for your business. Perhaps it is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services. At its heart, trademark law is designed to protect the link between your brand and consumers’ expectations.

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Mediocre Results so Far for Deferred Subject Matter Eligibility Response Pilot

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today held a “USPTO Hour” webinar in which it shared the results thus far of its 2022 pilot program, the “Deferred Subject Matter Eligibility Response (DSMER) Pilot.” The DSMER Pilot was announced in January 2022 in response to a 2021 letter sent to the Office by Senators Thom Tillis (R-NC) and Tom Cotton (R-AR) asking then-interim Director Drew Hirshfeld to “initiate a pilot program directing examiners to apply a sequenced approach to patent examinat

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AI and Copyright: Navigating the Legal Maze with Liz Rothman

JD Supra Law

In this episode of Knobbe IP+, Knobbe Martens partner Mark Lezama is joined by attorney and emerging technology advisor Liz Rothman to discuss the complex topic of artificial intelligence and copyright law. During their conversation, Mark and Liz explore the contentious issue of “fair use” in the context of AI training, and break down the potential impact of recent court rulings such as Thomson Reuters v.

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Apple Gets PTAB To Ax All Claims Of Biometric Patent

IP Law 360

The Patent Trial and Appeal Board has found that Apple proved that claims across a Proxense patent on biometric verification technology are invalid, holding that they were obvious.

Patent 52
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Federal Circuit Narrows Scope of IPR Estoppel, Resolving District Court Split

JD Supra Law

The Federal Circuit recently clarified in Ingenico Inc. v. IOENGINE, LLC that inter partes review (IPR) estoppel does not extend to physical systems described in prior art patents or printed publications.

Art 61
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Fed. Circ. OKs Google's PTAB Win In Sonos Patent Fight

IP Law 360

The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that claims in a Sonos music playback patent were invalid, handing a win to Google in a larger fight between the companies.

Patent 52
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The Distinct Concepts of Copyright and Right of Publicity In Photos

JD Supra Law

A recent lawsuit filed by photographer Jackson Lee against MediaNews Group illustrates the important distinction between copyright and the right of publicity. Lee claims the publisher used his photos of Beyoncé, Jennifer Lopez, and Justin Theroux on its local news websites without his permission. His case is based on copyright infringement rather than any violation of the celebrities’ individual rights.

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The State Of Play In Copyright Protection For Floor Plans

IP Law 360

With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.

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Navigating Declaratory Judgment: Mitek’s Bid to Head Off USAA’s Patent Claims

JD Supra Law

This case addresses declaratory judgments of non-infringement in relation to subject-matter jurisdiction and the district court’s refusal to exercise discretionary jurisdiction. Background - In June 2020, Mitek Systems, Inc. (“Mitek”) filed a declaratory judgment action in the Eastern District of Texas, asking the court to declare that its MiSnap software did not infringe United Services Automobile Association’s (“USAA”) U.S.

Patent 63
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IPBC Global 2025: Women in IP Live dissects building effective teams and negotiation style

IAM Magazine

For the opening panel in Boston, Avanci's Judy Yee moderated a session featuring Eeva Hakoranta, formerly of InterDigital, Ashleigh Landis of Warner Bros and Amy Mi of ZTE

IP 52
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Outside Baseball: IP Rights in Public Performances

JD Supra Law

A lawsuit between the Chicago Cubs and the owner of a rooftop venue near Wrigley Field raises important questions about the scope of intellectual property rights and the extent to which a property owner can profit from the fact that the property enjoys a natural view of a live event. The central issue is whether someone can legally charge for access to a rooftop that overlooks a baseball game being played in an open-air stadium.

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Kumho Tire Says NC Seller Is Ripping Off Trademarks

IP Law 360

Georgia-based tire maker Kumho Tire USA Inc. is going after an Amazon seller for alleged Lanham Act violations, saying North Carolina-based GE Tires Online Inc. is selling tires using its trademarks and branding them as new when they are "used, closed-out, liquidated, counterfeit, and/or nongenuine.

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File Early or Risk Denial: iRhythm IPR Institution Denial Underscores the Importance of Filing IPR Petitions Sooner Rather Than Later

JD Supra Law

On June 6, 2025, the Acting Director of the United States Patent and Trademark Office (“USPTO”), Coke Morgan Stewart, issued a decision denying institution of five inter partes review (“IPR”) petitions filed by iRhythm, Inc. against patents held by Welch Allyn, Inc. The denials were issued pursuant to the USPTO director’s discretionary authority under 35 U.S.C. § 314(a).

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Union Praises NY Bills On AI In Advertisements, Digital Rights

IP Law 360

Entertainment labor union SAG-AFTRA has applauded the passage of two bills by the New York State Legislature that would require the disclosure of advertisements' use of artificial intelligence-generated performers and for permission to be obtained to use digital renderings of deceased performers in expressive works.

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Unsigned, Uncertain, Unsettled: What Creators Should Know About the Copyright Office Situation

JD Supra Law

If you're a filmmaker, musician, photographer or any other content creator who registers your work with the U.S. Copyright Office, recent events out of Washington, D.C. should be on your radar.

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A closer look at the key players and strategic IP considerations in fusogen-powered drug delivery

IAM Magazine

The fusogen-delivery patent landscape is taking shape. While US firms and research institutes lead, international players are actively working to close the gap. In this rapidly changing global environment, vigilant IP surveillance and analysis are essential to enable proactive IP strategy for companies seeking to maintain a competitive edge.

IP 52
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UK Data (Use and Access) Bill: copyright clauses finally agreed

JD Supra Law

The Data (Use and Access) Bill was finally agreed by the House of Commons and House of Lords on 11 June 2025, in a final round of parliamentary ‘ping-pong’. The Bill is now waiting for Royal Assent. A number of headline-grabbing amendments introduced by the House of Lords, including in particular those relating to copyright and AI, resulted in the Bill being sent back and forth between the Houses a number of times between the Lords and the Commons over the last 5 weeks, with the vocal support of

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Netflix Gets Fed. Circ.'s Backing In Streaming Patent Fight

IP Law 360

The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board finding that invalidated claims in a streaming patent challenged by Netflix while also vacating the board's decision to decline to scrub other claims.

Patent 52
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Disney and Universal’s AI Lawsuit, Nvidia’s Expansion, Meta’s AI “World Model”

JD Supra Law

In this week’s News of Note, Disney and Universal target alleged copyright infringement, OpenAI and Mattel team up to bring artificial intelligence to toymaking and China launches its production of the world’s first non-binary AI chip. Elsewhere, Nvidia announces its major expansion into Europe with its first industrial AI Cloud.

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A closer look at the key players and strategic IP considerations in fusogen-powered drug delivery

IAM Magazine

The fusogen-delivery patent landscape is taking shape. While US firms and research institutes lead, international players are actively working to close the gap. In this rapidly changing global environment, vigilant IP surveillance and analysis are essential to enable proactive IP strategy for companies seeking to maintain a competitive edge.

IP 52
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Canadian Intellectual Property Office “Next Generation Patents” update and status as of June 17, 2025

JD Supra Law

On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative. The launch has been fraught with difficulties, creating delays, errors and unresponsiveness.

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IPBC Global 2025: Women in IP Live dissects building effective teams and negotiation style

IAM Magazine

For the opening panel in Boston, Avanci's Judy Yee moderated a session featuring Eeva Hakoranta, formerly of InterDigital, Ashleigh Landis of Warner Bros and Amy Mi of ZTE

IP 52
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Rapid-Fire Gun Trigger Maker Accuses Rival Of Infringing IP

IP Law 360

Patent holder ABC IP LLP and gun trigger maker Rare Breed sued a gun company in Ohio federal court, accusing it of selling a "super safety" device that's infringing a patent related to a forced-reset trigger that speeds the rate of fire for AR-15-style firearms.

IP 52
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IPBC Global 2025: Women in IP Live dissects building effective teams and negotiation style

IAM Magazine

For the opening panel in Boston, Avanci's Judy Yee moderated a session featuring Eeva Hakoranta, formerly of InterDigital, Ashleigh Landis of Warner Bros and Amy Mi of ZTE

IP 52
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Chicago Trading Firm Accuses Rival Of Trademark Infringment

IP Law 360

A Chicago-based futures prop trading firm filed a trademark infringement lawsuit against a competitor in Illinois federal court Tuesday, claiming its rival has adopted a nearly identical name and has used it to advertise very similar services "with the intention of deceiving and misleading the public.