Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). Below are my thoughts on what is interesting about these cases.

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Patently-O

FEBRUARY 13, 2023

Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. Then came the patenting. Seagate Technology LLC , 803 F.3d 3d 659 (Fed.

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IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Currently, no court decisions have been rendered regarding Moderna’s patent infringement claim against Pfizer.

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Patently-O

AUGUST 2, 2021

UM did not file any paperwork with the PTO attempting to claim ownership and UM is not a party to the present litigation. The district court sided with Omni — finding that Omni had received rights from the inventor, and that Islam had not assigned his rights to UM. . * * *. employment.

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LexBlog IP

FEBRUARY 7, 2024

However, the use of AI in litigation also bears risk, as highlighted by a recent First-tier Tribunal (Tax) decision, where an appellant had sought to rely on precedent authorities that, in fact, were fabricated by AI (a known risk with AI using large language models, referred to as hallucination). [1]

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43(B)log

SEPTEMBER 15, 2021

There is an ongoing, separate litigation about ownership of the relevant patent; plaintiffs alleged that the two inventors assigned the patent to plaintiff Orthex. Defendants allege that one inventor was contractually bound to disclose and assign to a separate entity any patent he received related to his work on the idea.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent. Practice tip.

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IPilogue

JANUARY 14, 2022

Copyright Ownership of Movies and Films in Canada: Who’s on First? Continued Debates over AI as an Inventor. Around the world, patent registrars grappled with patent applications that credit artificial intelligence software as the inventor. Giuseppina D’Agostino. IP Innovation Clinic ChatBot Launch Event by Bonnie Hassanzadeh.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

For category placement, we relied on data collected and analyzed in the Stanford Law School NPE Litigation Database.[6] The LLC form is then used to shield investors, parent entities or third-party litigation funders from liability if fees are assessed against the NPE. 6] The database places entities into 13 categories.[7].

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The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

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SpicyIP

SEPTEMBER 5, 2022

Some studies have shown that juries favour independent inventors / start-ups over bigger corporate defendants (e.g. However, patent ownership controversy with the NIH is a separate story ( here and here ). However, as is evident, ownership over this technology and its component parts is extremely fuzzy. This David v.

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More Than Your Mark

AUGUST 20, 2021

However, if your 3-D printed work relies on the files created by another, or is the result of scanning the sculpture of another, you may have to make proper attribution of ownership to the file owner.

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The IP Law Blog

MARCH 31, 2022

Even though an idea is not property subject to exclusive ownership, its disclosure may be of substantial benefit to the person to whom it is disclosed. In that case, David Wexler, a toy inventor, sued Hasbro, claiming that the toy company used two of his ideas without paying him royalties.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. A distributed ledger showing the first inventor, an authorized licensee, etc.

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LexBlog IP

JUNE 20, 2023

In this regard, the PTO is further considering, for determining whether a party is under-resourced, whether it should consider: government funding; third-party litigation funding support; the resources of anyone with an ownership interest in the patent owner; anyone with a stake in the outcome of the proceeding.

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LexBlog IP

MARCH 27, 2023

Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. ” Copyrights: Ownership and Use of ChatGPT output OpenAI does not address the question of copyright authorship. ” See OpenAI, FAQ ( Copyright ).

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LexBlog IP

JUNE 15, 2022

Though Thaler claims that he has somehow been denied his entitled copyright ownership, Complaint , par. One need only look at a recent Australian case also involving Thaler , where he was trying to establish an AI program as an inventor entitled to recognition under the patent laws. 263, 319-320 (2020) ]. Vidal , Case No.

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LexBlog IP

JANUARY 5, 2022

Seeing no immediate litigation alternative, I called for “common sense Congressional legislation to make States directly liable for damages for copyright infringement,” because I felt it unfair that, after Allen , copyright owners “would find themselves defenseless from state-sponsored copyright piracy.” Nation Enters.,

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The IPKat

MAY 29, 2023

With a focus on EU and US approaches to the issue, Musker suggests arguments that may be useful to litigants in similar situations. The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration.

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The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. Background The present case is being brought by Bosko Kante who is the inventor of and performer on the ElectroSpit, a digital tubeless talk box.

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LexBlog IP

APRIL 24, 2023

Exclude PGR from discretionary denial based on parallel litigation? That said, if you are trying to argue district court litigation is better for patent policy than the PTAB, you should put all of your cards on the table. First, there is a pro bono program that provides free counsel to such inventors, and from reputable firms.

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SpicyIP

AUGUST 3, 2023

After much coaxing, it was later found that APEDA incurred huge legal expenses on Basmati and litigations were pending worldwide (as of that post). Though it’s a different story that even RTIs couldn’t penetrate its secrets of how much it legal expenses it incurred on Basmati , not once but twice !

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Trading Secrets

NOVEMBER 2, 2023

This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v. This raises questions about the ownership and fair use of AI-discovered orphan works. See our prior post on issues raised by Thaler.

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SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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Intepat

NOVEMBER 2, 2023

Lakshmikumaran Described the full IP ecosystem, which includes inventors, the administrative body, and a strong judicial system for IP enforcement. which have raised questions about the ownership and protection of AI-generated content.

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LexBlog IP

NOVEMBER 2, 2023

This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v. This raises questions about the ownership and fair use of AI-discovered orphan works. See our prior post on issues raised by Thaler. § 101.

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LexBlog IP

NOVEMBER 1, 2023

This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v. This raises questions about the ownership and fair use of AI-discovered orphan works. See our prior post on issues raised by Thaler. § 101.

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SpicyIP

NOVEMBER 21, 2022

while also acknowledging the pending applications for change of ownership. Opposition filed against a patent application which claims AI to be the inventor. US Appeal’s court rejects Natco Pharma’s marketing partner Alvogen’s appeal in patent litigation related to cancer drug Imbruvica.

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