Mon.Jan 20, 2025

article thumbnail

Authors Seek Meta’s Torrent Client Logs and Seeding Data in AI Piracy Probe

TorrentFreak

Over the past two years, AI development has progressed at a rapid pace. This includes large language models, which are typically trained on broad datasets of texts; the more, the better. When AI hit the mainstream, it became apparent that many rightsholders had concerns over the unauthorized use of their copyright works. Creatives including photographers, artists, musicians, journalists, and authors, responded by filed copyright infringement lawsuits to protect their rights.

Fair Use 101
article thumbnail

District Court: Factual Disputes Preclude Application of Safe Harbor to Gene Editing Technology at the Pleading Stage

JD Supra Law

The District of Delaware recently denied a motion to dismiss a patent infringement complaint involving gene editing technology that sought relief under the Safe Harbor Provision of the Hatch-Waxman Act. Specifically, the court found the patentees complaint sufficiently alleged at least some uses of the claimed technology that, when taken as true, were not solely uses of a patented invention that were reasonably related to an FDA submission.

Editing 68
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Sweet success for Thatchers in Court of Appeal decision on Aldi's lookalike lemon cider

The IPKat

The Court of Appeal of England & Wales handed down its much-anticipated judgment today in the trade mark infringement dispute, Thatchers Cider Company Limited v Aldi Stores Limited [2025] EWCA Civ 5. The decision partly overturned the controversial IPEC judgment (covered by the IPKat here ) in finding that Aldi's packaging took unfair advantage of Thatchers' well-known trade mark.

article thumbnail

IP, Licensing, and M&A in the Life Sciences Industry: Trends to Watch in 2025

JD Supra Law

The life sciences industry has long been at the forefront of innovation, and 2025 promises to continue this trajectory with exciting developments in intellectual property (IP), licensing, and mergers and acquisitions (M&A). As the sector navigates a dynamic landscape of scientific advancements, economic pressures, and regulatory changes, stakeholders are increasingly leveraging strategic transactions to gain a competitive edge.

article thumbnail

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?

article thumbnail

[Guest post] Turin Court of Appeal upholds protection of Juventus FC’s unregistered colour combination trade mark for ‘Be the stripes’ jersey

The IPKat

The IPKat has received and is pleased to host the following guest post by Katfriend Edoardo Cesarini (GR Legal), discussing a recent decision of the Turin Court of Appeal (Italy) concerning protection of Juventus FCs unregistered trade mark for its black-pink-white colour combination. Heres what Edoardo writes: Turin Court of Appeal upholds protection of Juventus FCs unregistered colour combination trade mark for Be the stripes jersey by Edoardo Cesarini The Juventus colour combination mark at i

article thumbnail

We Wish You a Merry Christmas and a Happy. Public Domain Day

JD Supra Law

Some works enter the public domain the moment they are created, such as the AI-generated images below. Others take their sweet time, so when they finally do arrive, its cause for celebration.

More Trending

article thumbnail

AI IP Year in Review - Patent Law and Generative AI 101

JD Supra Law

While Artificial Intelligence (AI) solutions, such as predictive AI, have been around for decades, generative AI systems are recent innovations with far reaching implications for patent law. Generative AI, such as ChatGPT, DALL-E, and LLaMa, uses machine learning models to learn patterns from human-created content and generate new content based on those patterns.

article thumbnail

Man Jailed For Pirate IPTV Used By “Hundreds of Thousands” Had 2,000 Users

TorrentFreak

Official figures on exactly how many people have been arrested, prosecuted and sentenced for piracy-linked offenses, are not easily obtained in the UK. Indeed, disclosure in response to FOIA requests seems to become more difficult when petty offending results in no arrests, or when suspects are later released without charge. When it comes to those who sell or resell subscriptions or operate illegal IPTV services, the last couple of years have seen a fairly dramatic uptick in successful prosecuti

article thumbnail

USITC Commissioner Series: Commissioner Schmidtlein is Stepping Down, Which Could Lead to More Tailored Exclusion Orders

JD Supra Law

On Thursday, January 16, 2025, the U.S. International Trade Commission (ITC) announced that Commissioner Rhonda K. Schmidtlein will step down on February 1, 2025. Commissioner Schmidtlein was sworn in on April 28, 2014 and served as Chair of the Commission from January 2017 to June 2018.

68
article thumbnail

SpicyIP Weekly Review (January 13 – January 19)

SpicyIP

Here is our recap of last weeks top IP developments including summary of the post on the analysis of Cigma Events Private Limited v. Deepak Gupta & Ors and enforcing criminal remedies against IP infringement in India. This and a lot more in this weeks SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Trust Issues – When Secrets Come with a Commercial Price: Analyzing Cigma Events Private Limited v.

article thumbnail

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.

article thumbnail

UKIPO Launches New Consultation on Copyright and AI Interplay

JD Supra Law

The UK Intellectual Property Office ("UKIPO"), in collaboration with the UK Department of Culture, Media and Sport ("DCMS") and the UK Department for Science, Innovation and Technology ("DSIT"), has initiated a Consultation on Copyright and Artificial Intelligence.

article thumbnail

A Rare Invocation for a Rare Disease?: Government Urged to Invoke Section 100, Patents Act for Rare Disease Medicine

SpicyIP

Rajya Sabha MP Haris Beeran wrote to the Minister of Health and Family Welfare on December 20, 2024, urging the Central Government to invoke Section 100 (1) of the Patents Act with respect to local production of the rare disease Spinal Muscular Atrophy (SMA) treating drug Risdiplam. SMA is a genetic disease affecting the nerve cells that control voluntary muscle movement.

article thumbnail

District Court Holds That Any Failure to Mark During the Damages Period Bars All Pre-Notice Damages

JD Supra Law

The District of Arizona recently held that a plaintiffs failure to mark patented products during the time period that marking was required barred it from recovering all pre-notice damages, including for a period of time when there was no obligation to mark.

Patent 68
article thumbnail

SDNY: YouTube Sublicenses Embedding, But Copyright Concerns Linger

Copyright Lately

While one new ruling from the Southern District of New York protects YouTube embeds, another finds Twitter/Xs terms of use ambiguous, allowing infringement claims to proceed and underscoring the need for clearer platform policies. Two rulings, two sharply different results. On the same day last week, federal judges in the Southern District of New York issued a pair of decisions that highlight the persistent legal uncertainty publishers and websites in the Second Circuit face when embedding conte

article thumbnail

USPTO Publishes Artificial Intelligence Strategy

JD Supra Law

On January 14, 2025, the United States Patent and Trademark Office (USPTO) published its Artificial Intelligence Strategy, outlining five AI Focus Areas: 1.Advance IP policies to promote inclusive AI innovation and creativity; 2.Invest in computational infrastructure, data resources, and business-driven product development to build AI capabilities; 3.

article thumbnail

The Oktoberfest is fair game

The IPKat

The Oktoberfest in Munich is not just the worlds largest festival: its name has also become very popular in other countries. There are Bavarian-themed festivals around the world named Oktoberfest. As a consequence of this development, the term has become descriptive for such festivals and related goods and services. The Board of Appeal (BoA) of the European Union Intellectual Property Office (EUIPO) confirmed the rejection of the word mark Oktoberfest for services in class 43 ( R1840/2019-4 ).

article thumbnail

IP Hot Topic: USPTO Publishes FAQs on Inventorship Guidance for AI-Assisted Inventions

JD Supra Law

Following the Inventorship Guidance for AI-Assisted Inventions, the United States Patent & Trademark Office (USPTO) has published a set of frequently asked questions (FAQs) and answers regarding the guidance. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

article thumbnail

Law360 Names Firms Of The Year

IP Law 360

Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

article thumbnail

No Patent-Like Claims Under State Law

JD Supra Law

Before Chen, Bryson, and Stoll. Appeal from United States District Court for the District of Delaware. Summary: Federal patent laws preempted a state-law conversion claim. Inventorship was properly evaluated using a limitation-by-limitation approach.

Law 65
article thumbnail

Law360 Names Practice Groups Of The Year

IP Law 360

Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

article thumbnail

A Patent Must Describe What Is Claimed, Not What Infringes

JD Supra Law

BeforeLourie, Prost, and Reyna.Appeal from the U.S. District Court for the District of Delaware. Summary: A patent was not invalid for lack of written description for failing to describe the specific infringing embodiment adopted by the defendant.

Patent 65
article thumbnail

annoyingly redacted opinion finds Block falsely advertised versus TurboTax

43(B)log

Intuit Inc. v. HRB Tax Gp., Inc., 2024 WL 5320392, No. 5:24-cv-00253-BLF (N.D. Cal. Dec. 3, 2024) Intuit, which makes TurboTax and has had some advertising troubles of its own (hey, check out the IRS Free File program , for taxpayers with AGI of $84,000 or less and with many fillable forms for those with more), sued HRB (Block) for its advertising of a competing tax product, and succeeded in part.

article thumbnail

USPTO’s Significant Restructuring of Trademark Fees Takes Effect January 18, 2025

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) previously announced a final trademark rule that will increase application filing, renewal, and other trademark-related fees effective January 18, 2025. The USPTOs new fee structure is intended to not only raise revenue consistent with the USPTOs expected budget over the coming years, but also to encourage more complete filings and streamline the examination process.

article thumbnail

Trademark clarity where it’s manufacturer versus distributor

Likelihood of Confusion

Originally posted 2017-05-01 06:41:56. Republished by Blog Post PromoterEveryone here understands that in the U.S., trademark rights are determined by use, a term of art that, practically speaking, means hardly anything, but if it means anything at all pretty much means “sale.” And priority in trademark — priority being a term of art that means […] The post Trademark clarity where it’s manufacturer versus distributor appeared first on LIKELIHOOD OF CONFUSION.

article thumbnail

Federal Circuit’s Decision Confirms That Published Patent Applications Are Prior Art In IPRs As Of Their Filing Date

JD Supra Law

On January 14, 2025, the Court of Appeals for the Federal Circuit in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., No. 2023-2346 (Fed. Cir.), affirmed the Patent Trial and Appeal Boards ruling that a published patent application can be deemed prior art in an IPR as of the applications filing date.Op. 2.

article thumbnail

Fast Track: Chinese Origin Patents Racing Through USPTO via PPH

Patently-O

by Dennis Crouch I've been looking at some of the fastest issued US patents. A majority of the fastest issued are part of the Global IP5 Patent Prosecution Highway (PPH) pilot that gives substantial weight to patent allowances from a partner country. A substantial number of Chinese applications are using this program to great effect -- especially when coupled with the remarkable speed of the China National Intellectual Property Administration (CNIPA).

article thumbnail

Major Changes Ahead: New USPTO Trademark Filing Fees and Procedures

JD Supra Law

Significant changes are coming to the United States Patent and Trademark Office (USPTO) on Saturday, January 18 with regards to trademark filing fees and procedures. These changes aim to improve the trademark application process by encouraging operational efficiency and streamlining filing behaviors.

article thumbnail

Trump Names Coke Stewart Acting Director of the USPTO

IP Watchdog

At 12:01pm on Monday, January 20, 2025, a moment after President Donald J. Trump took the oath of office to start his second term as President, Coke Morgan Stewart was sworn in as the new Deputy Undersecretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO). Because she has been named as Deputy Undersecretary and Deputy Director, Stewart will immediately begin serving as Acting Undersecretary of Commerce for Intellectual Property

article thumbnail

USPTO's AI Strategy: Key Focus Areas and Insights

JD Supra Law

The United States Patent and Trademark Office (USPTO) has released a strategy document outlining organizational initiatives, trends, and goals relating to artificial intelligence (AI).

article thumbnail

Welcome USPTO Director Coke Morgan Stewart

Patently-O

by Dennis Crouch Just after President Trump spoke the oath of office, Coke Morgan Stewart was also sworn in as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO on January 20, 2025. She is serving as Acting Director. The previous Director, Kathi Vidal, departed to Winston & Strawn in December, and Deputy Director Derrick Brent, who had been serving in an interim capacity, has also now resigned.

article thumbnail

Fee Changes for Patent Matters

JD Supra Law

The United States Patent and Trademark Office (USPTO) has announced changes to patent fees, which will take effect on Jan 19, 2025. Most current fees are subject to a 7.5% across-the-board increase while other fees are subject to a larger increase. These adjustments reflect the USPTOs efforts to align its fees with rising operational costs and to encourage accurate and efficient filings.

Patent 62
article thumbnail

Trump, Musk Sued By Nonprofits Over DOGE Transparency

IP Law 360

Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.

article thumbnail

Hytera Petitions Supreme Court to End DTSA’s Extraterritorial Reach

JD Supra Law

Summary In July 2024, the Seventh Circuit concluded that the DTSA can reach all of a defendants worldwide sales caused by the misappropriation, so long as in the words of 18 U.S.C. 1837(2) an act in furtherance of the misappropriation was committed in the United States. This decision confirms that federal courthouse doors are open to trade secret plaintiffs even when much (or even most) of the wrongful conduct occurred outside the United States and that trade secret plaintiffs may.

59
article thumbnail

Hogan Lovells Team presents to elite group of general counsels at National Retail Federation’s Annual Big Show in New York City

JD Supra Law

On January 13, 2025, during the National Retail Federations Big Show, in-house attorneys from a variety of leading retailers gathered in the General Counsel's Forum to discuss key legal issues impacting the retail industry. Two such issues are artificial intelligence (AI) and cybersecurity, each of which are increasingly a focus of the retail sector as companies seek new ways to personalize and digitize the shopping experience.

73
article thumbnail

Outsourcing and Technology Transaction Outlook for 2025

JD Supra Law

The landscape for outsourcing, technology, and artificial intelligence (AI) transactions continues to undergo significant transformations as businesses navigate technological advancements, regulatory changes, and data privacy concerns. With AI and cloud technologies continuing to grow in prominence, organizations must have a clear understanding of the applicable use cases and adapt to evolving contracting models, ensuring they secure valuable innovations while mitigating emerging risks.