Intellectual Property Law Blog

JUNE 23, 2023

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023 , which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent eligibility requirements under Section 101 have been evolving by judicially-created exceptions stemming from the Supreme Court’s rulings in Alice and Mayo , and numerous Federal Circuit decisions that have interpreted the Alice and Mayo framework.

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Patent Invention Inventor Business 130

TorrentFreak

JUNE 23, 2023

In 2021, the US Department of Justice launched a criminal proceeding against two men suspected of running a massive YouTube Content ID scam. By falsely claiming to own the rights to more than 50,000 songs, the pair generated more than $23 million in revenue. Last year, one of the defendants confessed to his part in the copyright swindle by pleading guilty.

Music 123

Music Government Ownership Copying 123

JD Supra Law

JUNE 23, 2023

Companies (including through the use of AI) are increasingly reliant on open source software to expedite their software development. A recent case filed in California, SFC v. Vizio, calls upon the state court to interpret two common open source software licenses in a manner that could aggressively expand the number of individuals who can bring a lawsuit to enforce the terms of open source software licenses and the scope of the disclosure requirements in these open source software licenses.

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Licensing 102

TorrentFreak

JUNE 23, 2023

Italian authorities are reporting that officers of the Special Privacy Protection and Technological Fraud Unit of the Guardia di Finanza of Rome have carried out a new operation against pirate IPTV. Acting on a decree issued by the Public Prosecutor at the Court of Milan, 12 Italian nationals and one person of Albanian origins, living in several regions of Italy and Germany, were targeted on suspicion of operating social media channels dedicated to pirate IPTV subscription sales/resales.

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Social Media Privacy Publishing Reporting 117

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?

Technology

Michael Geist

JUNE 23, 2023

Bill C-18, the Online News Act, received royal assent yesterday, but any celebrations by the groups who lobbied for unprecedented government intervention into the news sector must surely have been tempered by the reality that quickly emerged. Meta confirmed that it would block news sharing from its Facebook and Instagram platforms in Canada, while Google met with Canadian Heritage Minister Pablo Rodriguez to see whether a compromise could be reach to avoid a similar outcome.

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Social Media Government Privacy Television 96

The IPKat

JUNE 23, 2023

The issue of copyright protection in photographic works is a classic one. Throughout the years, it has featured in plenty of case law [e.g. here , here and here ]. A recent decision of the Paris Court of Appeal provides a new illustration. More specifically, the dispute in question concerned copyright protection in a selfie taken in a lift, a widespread phenomenon on social networks.

Copyright 95

Copyright Cease and Desist Copyright Infringement Publishing 95

Technology & Marketing Law Blog

JUNE 23, 2023

Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. The Netflix documentary of his story will be called “Moby Fyk.” In his complaint, Fyk says he published WTF (“Where’s The Fun”) Magazine that achieved success on Facebook, including 25M followers and hundreds of thousands of dollars of revenue each month.

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Government Litigation Advertising Advertising 80

IP Law 360

JUNE 23, 2023

After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

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Patently-O

JUNE 23, 2023

The second major new Senate patent bill focuses on reconstructing AIA trials — particularly by reducing availability and power of inter partes review and post grant proceedings. The bipartisan Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act was introduced by Senators Chris Coons (D-Del.),Thom Tillis (R-N.C.), Dick Durbin (D-Ill.), and Mazie Hirono (D-Hawaii).

Litigation 67

Litigation Patent Law 67

IP Law 360

JUNE 23, 2023

A cryptocurrency company in Brooklyn is suing a rival NFT company alleging that it stole business secrets after they worked together on projects for years and is requesting an immediate injunction on the competing platform.

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Business 75

Advertiser: IPO

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.

Patent

Nelligan Law

JUNE 23, 2023

Reading Time: 3 minutes Important Changes Canada’s federal Competition Act On June 23, 2023, amendments to Canada’s federal Competition Act came into force making it an offence for two or more employers to enter into an agreement that either: (1) depresses wages or (2) restricts the ability of a worker employed by one of the employers to obtain employment at another of the employers.

Business 61

Business Intellectual Property Confidentiality Contracts 61

IP Law 360

JUNE 23, 2023

A New York federal judge rejected Friday a Los Angeles designer's request for a new trial and his challenge of Hermes International's jury win in its trademark lawsuit over the designer's "MetaBirkins" non-fungible tokens, rejecting his argument that jury instructions misled jurors about expressive work protected under the First Amendment.

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Non-Fungible Tokens Designs Design Trademark 75

JD Supra Law

JUNE 23, 2023

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 59

Patent Designs Design 59

IP Law 360

JUNE 23, 2023

U.S. District Judge Alan Albright has sent two patent cases out of his Texas court to the Northern District of California, one accusing Adobe of infringing a telephone communication patent and another claiming Google's ad products infringed another patent.

Patent 75

Patent 75

IP Tech Blog

JUNE 23, 2023

A plaintiff has always been the “master” of a complaint, but such mastery is not unfettered. Principles of subject matter jurisdiction, proper venue, and personal jurisdiction restrict a plaintiff’s choice of forum. A trend of recent cases from the Supreme Court down through the lower courts continue to narrow that “mastery” that a plaintiff once laid claim to.

Privacy 57

Privacy Trademark Advertising Advertising 57

IP Law 360

JUNE 23, 2023

The U.S. Copyright Office recently cautioned that copyright law should be applied to music created with generative artificial intelligence on a case-by-case basis, which should signal to musicians using AI that decisions on their royalty eligibility may require further inquiry and therefore result in delays, say attorneys at Skadden.

Music 75

Music Copyright Law Copyright Law 75

Legal Zoom

JUNE 23, 2023

Learn how you can self-sign a PDF document using LegalZoom’s eSignature service.Learn how you can self-sign a PDF document using LegalZoom’s eSignature service in three easy steps.

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IP Law 360

JUNE 23, 2023

The First Circuit has refused to revive toy maker Hasbro's bid for a seven-figure attorney fee award after the company defeated a copyright suit over the "Game of Life," disagreeing that heirs of a contributor to the board game lodged an unreasonable royalty dispute.

Copyright 74

Copyright 74

Nelligan Law

JUNE 23, 2023

Reading Time: 3 minutes Important Changes Canada’s federal Competition Act On June 23, 2023, amendments to Canada’s federal Competition Act came into force making it an offence for two or more employers to enter into an agreement that either: (1) depresses wages or (2) restricts the ability of a worker employed by one of the employers to obtain employment at another of the employers.

Business 52

Business Intellectual Property Confidentiality Contracts 52

IP Watchdog

JUNE 23, 2023

This week in Other Barks & Bites: the Federal Trade Commission (FTC) files an amicus brief asking an appeals court to reconsider an antitrust case against pharmaceutical companies who paid generic manufacturers to drop their patent disputes; the U.S. Court of Appeals for the Federal Circuit (CAFC) affirms a judgment that granted a win to Netflix in a patent dispute; and Senators Tillis and Coons introduce two bills that would reform the U.S. patent system.

Patent 52

Patent IP 52

JD Supra Law

JUNE 23, 2023

The Situation: The U.S. Supreme Court recently denied certiorari in Thaler v. Vidal, leaving intact the Federal Circuit's ruling that only human beings, and not artificial intelligence ("AI") systems, can be inventors under U.S. patent law.

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Inventor Patent Patent Law Law 52

Olartemoure Blog

JUNE 23, 2023

The Ministry of Science, Technology and Innovation announced the opening of the Call for Ecosystems in Bioeconomy, Natural Ecosystems, Sustainable Territories, which aims to seek a bank of proposals for research, technological development and Innovation (R+T+I), aimed at providing solutions to the main challenges arising from the Bioeconomy, based on the proper management of biodiversity and natural resources.

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Higher Education Intellectual Property Technology Registration 52

JD Supra Law

JUNE 23, 2023

Generative AI presents a profound opportunity and challenge for artists in the music industry. On the one hand, musicians and songwriters have always embraced and adapted to new technology; but on the other, those technological advances have been in service of creativity that starts with a human hand, and ear.

Music 52

Music Copyright Technology 52

Olartemoure Blog

JUNE 23, 2023

On June 13, during the “BIDLab Forum” event, the study “DeepTech the new wave” was launched, a document that analyzes in depth the state of Deep Tech development in LATAM. The study points out that the Deep Tech ecosystem in LAC is currently valued at US$8 billion and Deep Tech startups have raised capital of around US$2 billion and the average net return of a Deep Tech fund is 22% to 30%.

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Intellectual Property Business 52

JD Supra Law

JUNE 23, 2023

The United Kingdom's free trade agreements (FTAs) with Australia and New Zealand entered into force on May 31, 2023. As a significant milestone in the UK's post-Brexit future, these FTAs are the first two independently negotiated trade agreements (as opposed to largely rolled-over EU deals) since the UK left the European Union on January 31, 2020. The entry into force of the Australia-UK FTA ("AUKFTA") and the New Zealand-UK FTA ("NZUKFTA") follows their respective signing on December 16, 2021.

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Olartemoure Blog

JUNE 23, 2023

Artificial intelligence has had an important development recently, which has generated benefits in different disciplines, but also challenges in regulatory matters. In order to guarantee better conditions for the development and use of this technology, the European Parliament approved the first regulation on artificial intelligence, which seeks to ensure that the systems in which AI is used are safe for users.

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Intellectual Property Technology Law 52

JD Supra Law

JUNE 23, 2023

Two plaintiffs learned the hard way that not all environmental marketing claims are treated the same. A federal judge in Missouri recently dismissed a proposed class action by the shoppers against H&M over the company’s marketing of its “Conscious Choice” fashion line.

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Art Marketing Marketing 52

Olartemoure Blog

JUNE 23, 2023

In order to encourage the country’s inventors and support national technological and economic development, the Superintendence of Industry and Commerce (SIC) with the support of the World Intellectual Property Organization (WIPO) will hold the XIII version of the National Colombian Inventor Award, in which inventions with a valid or pending patent under application between September 1, 2022 and August 31, 2023 may be submitted.

Inventor 52

Inventor Intellectual Property Invention Registration 52

JD Supra Law

JUNE 23, 2023

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent eligibility requirements under Section 101 have been evolving by judicially-created exceptions stemming from the Supreme Court’s rulings in Alice and Mayo, and numerous Federal Circuit decisions that have interpreted the Alice and Mayo framework.

Patent 52

Patent 52

LexBlog IP

JUNE 23, 2023

United States District Court Judge P. Kevin Castel issued an opinion on June 22, 2023, imposing sanctions and other penalties on the attorneys who relied on the artificial intelligence application, ChatGPT, in citing to fake cases in pleadings submitted to the court earlier this year. Judge Castel’s thirty-four page opinion details the missteps of the lawyers, including filing the submission citing the fake cases, failing to withdraw the submission after opposing counsel identified the fak

Intellectual Property 52

Intellectual Property 52

JD Supra Law

JUNE 23, 2023

​​​​​​​Samsung recently filed the following IPR petitions challenging all claims of four patents assigned to Alexion relating to SOLIRIS (eculizumab): IPR2023-00998, challenging claims 1-3 of U.S. Patent No. 9,718,880; IPR2023-00999, challenging claims 1-10 of U.S. Patent No. 9,725,504; IPR2023-01069, challenging claims 1-8 of U.S. Patent No. 10,590,189; and IPR2023-01070, challenging claims 1-29 of U.S.

Patent 52

Patent 52

LexBlog IP

JUNE 23, 2023

The U.S. Supreme Court will hear the USPTO’s appeal of a Federal Circuit ruling that allows individuals to register trademarks using the name of a living person without their consent. Scott Hervey and Tara Sattler discuss this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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Registering Trademarks Blogging Law IP 52

JD Supra Law

JUNE 23, 2023

Kilpatrick Townsend’s Karam J. Saab recently joined a panel of other industry leaders at the The 21st Annual Rocky Mountain Intellectual Property Institute -- the premier forum for bringing together intellectual property professionals from across the U.S. and beyond – to discuss “Section 101 & Spec Drafting: Preparing Your Patents for a 101 Attack.

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Intellectual Property Patent 52

LexBlog IP

JUNE 23, 2023

A plaintiff has always been the “master” of a complaint, but such mastery is not unfettered. Principles of subject matter jurisdiction, proper venue, and personal jurisdiction restrict a plaintiff’s choice of forum. A trend of recent cases from the Supreme Court down through the lower courts continue to narrow that “mastery” that a plaintiff once laid claim to.

Privacy 52

Privacy Trademark Advertising Advertising 52

JD Supra Law

JUNE 23, 2023

As one BPCIA case came to a close in May, another got underway. On May 1, 2023, Amgen filed a complaint in the District of New Jersey, accusing Sandoz of infringing patents that relate to denosumab, the active ingredient in Amgen’s PROLIA and XGEVA. PROLIA is prescribed for a high risk of bone fracture in certain settings, for example, patients suffering from osteoporosis.

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Litigation Patent 52