Intellectual Property Law Blog

MAY 17, 2023

These tools raise at least three types of potential legal issues: Does training AI models using open source code constitutes infringement or, even if the use is licensed, does doing so require compliance with conditions or restrictions of the open source licenses? Part 1 of the article covered the legal issues. Part 2 covers solutions.

Licensing 240

Licensing 240

Intellectual Property Law Blog

MAY 17, 2023

These tools raise at least three types of potential legal issues: Does training AI models using open source code constitutes infringement or, even if the use is licensed, does doing so require compliance with conditions or restrictions of the open source licenses? Part 1 of the article covers the legal issues. Click here for Part 1.

Licensing 237

Licensing 237

JD Supra Law

SEPTEMBER 1, 2023

Copyright Office issued a notice of inquiry (NOI) regarding copyright and artificial intelligence (AI). Yesterday, in the Federal Register, the U.S. The Office has decided to do a study on whether legislative or regulatory steps are necessary to address the copyright law and policy questions that arise from generative AI.

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Copyright Copyright Law Law 122

JD Supra Law

APRIL 23, 2024

Patent and Trademark Office (USPTO) has issued “Updated Guidance for Making a Proper Determination of Obviousness” under the U.S. For the first time in nearly 15 years, the U.S. Supreme Court’s ruling in KSR Int’l Co. Teleflex Inc., 398 (2007).

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Trademark Patent 62

JD Supra Law

APRIL 22, 2024

International Trade Commission (USITC) – specifically the “hot” issues that drew the most dissents in the past 10 years. Following my colleagues’ efforts in this series, this post examines the dissent/concurrence practice of the Commissioners at the U.S. By: Axinn, Veltrop & Harkrider LLP

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Hugh Stephens Blog

DECEMBER 26, 2023

Used with permission Around this time of year, I typically write a blog post looking back at the big content issues over the past year and peek forward at the coming 12 months, in Canada, the US and elsewhere.

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Blogging 157

Plagiarism Today

SEPTEMBER 30, 2021

The organization has already blocked some 109 domain names related to Chinese athletes from being registered and says it is aiming to collaborate with other departments to find ways to address other intellectual property issues as the games draw closer. The post 3 Count: Evidence Issues appeared first on Plagiarism Today.

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Intellectual Property Plagiarism Licensing Reporting 196

Intellectual Property Law Blog

MARCH 13, 2024

While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs. In other words, this is more of a contractual issue than statutory issue in the US. The USPTO has provided guidance on these issues and will continue to work with stakeholders to identify additional needs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

JD Supra Law

APRIL 5, 2024

This periodic digest is designed to keep you up-to-date by highlighting interesting PTAB, district court, and Federal Circuit decisions relating to emerging post-grant issues. The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. By: Goodwin

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Litigation Designs Design Patent 65

IP Watchdog

AUGUST 31, 2023

Copyright Office issued a notice of inquiry in the Federal Register seeking public comment on a range of issues related to the intersection of copyright law and artificial intelligence (AI). On August 30, the U.S.

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Copyright Copyright Law Law Technology 126

JD Supra Law

MARCH 13, 2024

District Court for the Eastern District of Tennessee issued a preliminary injunction in State of Tennessee and Commonwealth of Virginia v. On February 23, 2024, the U.S.

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JD Supra Law

APRIL 25, 2024

On April 19, 2024, the United States Patent and Trademark Office (USPTO or Office) issued proposed modifications to the rules of practice for inter partes review (IPR) and postgrant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB or Board).

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Invention Trademark Patent 62

JD Supra Law

APRIL 23, 2024

One year ago, the United States Patent and Trademark Office (USPTO) issued an Advance Notice of Proposed Rulemaking (ANPRM) that set forth several ideas related to America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB).

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Invention Publishing Trademark Patent 65

Kluwer Copyright Blog

SEPTEMBER 11, 2023

The following is a checklist for scholars and practitioners who are looking at an AI-related IP issue. For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. On normative issues, see paper #3. Issue of authorship (previous) b. Copyright 1. See paper #2. TRIPS 10.1;

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IP Derivative Work Intellectual Property Art 120

JD Supra Law

JANUARY 31, 2024

Welcome to the latest issue of Blockbuster Biologics Review, which covers the status and developments of post-grant challenges and patent litigations implicating blockbuster biologics and legislative proposals related to biosimilars in Q1 2024.

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Litigation Patent 73

IP Watchdog

FEBRUARY 20, 2024

Supreme Court issued an order list that denied petitions for writ of certiorari filed in at least five intellectual property cases. While none of these cases induced large numbers of amici to ask the Court to grant cert, they do represent several current issues in IP law that remain unaddressed. On February 20, the U.S.

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Trademark IP Intellectual Property Patent 115

JD Supra Law

APRIL 11, 2024

The USPTO issued guidance on February 6, 2024 that clarified existing rules and policies and discussed how to apply them when AI is used in the drafting of submissions to the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB). By: Sheppard Mullin Richter & Hampton LLP

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Publishing Trademark Patent 77

Likelihood of Confusion

NOVEMBER 12, 2023

In the 9th Circuit Brief, Dhuey writes: A monkey, The post Monkeys and copyright: On the issue of standing appeared first on LIKELIHOOD OF CONFUSION™. Dennis Crouch: Patent Litigator Andy Dhuey is also representing Photographer David John Slater who has been sued by the monkey Naruto for copyright infringement.

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Copyright Copyright Infringement Litigation Patent 98

IP Watchdog

JANUARY 3, 2024

Copyright Office issued a Notice of Proposed Rulemaking in the Federal Register today offering a new group registration option for frequently updated news websites.

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Registration Copyright Business Government 110

JD Supra Law

MARCH 13, 2024

While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs. The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Non-Fungible Tokens Reporting IP Intellectual Property 124

JD Supra Law

MARCH 25, 2024

On March 20, 2024, The USPTO issued an alert, notifying practitioners that the USPTO had developed training materials for patent examiners regarding searching for prior art in FDA and NIH databases. By: Knobbe Martens

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Art Patent 75

SpicyIP

JANUARY 27, 2024

UTIITSL contended that certain websites were using its marks and labels or representing themselves as their agents and were providing PAN card-related services, and it has reason to believe that the defendants are issuing fake PAN cards using the applicant’s confidential information. But what are these reasons?

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Confidentiality Trademark Law Licensing Trademark 105

JD Supra Law

APRIL 2, 2024

With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with copyrights.

Copyright 56

Copyright 56

JD Supra Law

FEBRUARY 26, 2024

Director Vidal recently issued sanctions against OpenSky Industries (“OpenSky”) for attempted extortion during settlement negotiations and abuse of the IPR process for US Patent 7,725,759 and awarded $413,264.15 to VLSI Technology LLC (“VLSI”). By: Jones Day

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Settlement Technology Patent 68

JD Supra Law

APRIL 22, 2024

On April 10, 2024, the United States Patent and Trade Office (USPTO) announced guidance regarding the use of artificial intelligence (AI) tools before the USPTO. By: WilmerHale

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Patent 81

JD Supra Law

FEBRUARY 14, 2024

Patent and Trademark Office (USPTO) issued new guidance on Feb. 12, 2024, regarding the use of artificial intelligence (AI) while developing new inventions. Court of Appeals for the Federal Circuit previously held that an AI system cannot be named as an inventor on a patent, but its opinion left open the…. By: Holland & Knight LLP

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Inventor Invention Trademark Patent 65

IP Law 360

MARCH 25, 2024

The Judicial Conference at its March meeting unveiled a revised policy with the stated goal of limiting litigants’ ability to judge-shop in patent cases, but the policy may actually exacerbate the problem by tying the issue to judge-shopping in polarizing political cases, making reform more difficult, say Robert Niemeier and William Milliken at Sterne (..)

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Litigation Patent 52

IP Law 360

MAY 8, 2023

The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.

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Ownership Intellectual Property Law Copyright Intellectual Property 98

JD Supra Law

MARCH 17, 2023

Patent & Trademark Office (USPTO) announced that it will no longer issue patents in a printed “ribbon copy” form as of April 18, 2023. Instead, patents will now only be issued electronically in a digital form.

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Trademark Patent Patent Application Copying 109

JD Supra Law

FEBRUARY 14, 2024

On Monday, the US Patent and Trademark Office (USPTO) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence (AI).

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Invention Patent Patent Application Publishing 68

Copyright Alliance

JANUARY 19, 2023

Copyright Office activities, and legislation that commanded […] The post The Most Significant Copyright Issues Likely to Arise in 2023 appeared first on Copyright Alliance. During the first few weeks of 2023, we took a look back at 2022 by summarizing the most important copyright-related court cases, U.S.

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Copyright 136

JD Supra Law

NOVEMBER 10, 2023

President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence was issued on November 1, 2023, and has made waves throughout the AI industry. Morrison Foerster has been reviewing the executive order (EO) and considering its impact in several legal areas. By: MoFo Tech

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Patent 59

JD Supra Law

SEPTEMBER 18, 2023

This periodic digest is designed to keep you up-to-date by highlighting interesting PTAB, district court, and Federal Circuit decisions relating to emerging post-grant issues. The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. By: Goodwin

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Litigation Designs Design Patent 65

LexBlog IP

AUGUST 31, 2023

Copyright Office issued a notice of inquiry (NOI) regarding copyright and artificial intelligence (AI). With the rapid growth of generative AI, the Office launched this initiative to address the many issues raised by this technology. Yesterday, in the Federal Register, the U.S.

Copyright 52

Copyright Copyright Law Technology Law 52

Above the Fold

AUGUST 31, 2023

Copyright Office issued a notice of inquiry (NOI) regarding copyright and artificial intelligence (AI). With the rapid growth of generative AI, the Office launched this initiative to address the many issues raised by this technology. Yesterday, in the Federal Register, the U.S.

Copyright 52

Copyright Copyright Law Technology Law 52

Kluwer Copyright Blog

JULY 20, 2022

In this post, we briefly explore issues related to copyright infringement, intermediaries’ liability and remedies from the perspective of the general principles of copyright law (for previous analyses of NFTs and copyright on this blog, see here ). The distribution right includes the right to issue copies of the work to the public.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

IP Watchdog

MARCH 20, 2024

Patent and Trademark Office (USPTO) on Tuesday, March 19, issued a memo for all patent examiners reiterating its current practices and resources for examining means-plus-function and step-plus-function claim limitations.

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Trademark Patent Patent Prosecution Government 59