Remove topics burden-of-proof
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Czech court finds that AI tool DALL-E cannot be the author of a copyright work

The IPKat

However, the Court noted that the claimant failed to substantiate this allegation within any evidence (beyond their own witness evidence), and consequently failed to meet the burden of proof for showing authorship. Show only hands. ”

Copyright 145
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EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

Kluwer Copyright Blog

It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different.

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Sanderling Management v. Snap Inc. No. 21-2173 (Fed. Cir. Apr. 12, 2023) Alice – 35 U.S.C. § 101

Intellectual Property Law Blog

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. Sanderling opposed Snap’s motions. was correct.

Invention 130
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[Guest post] Dutch IP battle about the hyped “Crompouce®”- a croissant-tompouce hybrid

The IPKat

Image created by DALL·E 2 A possible applicant for revocation will have the burden to proof that the term has become the common name in the trade as a result of either the action or inaction on the part of the proprietor (13/09/2013, T-320/10, Castel, EU:T:2013:424, § 28).

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Never too late: in case you missed the IPKat last week

The IPKat

Kat Friends Hanne Kirk and Charlotte Mittet Høfler analysed a recent Danish Supreme Court decision regarding the infringement of copyright in pottery, which held that the nature and the severity of the infringement provided a basis for lowering the requirement for proof of the amount of the loss.

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Sanderling Management v. Snap Inc. No. 21-2173 (Fed. Cir. Apr. 12, 2023) Alice – 35 U.S.C. § 101

LexBlog IP

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. Sanderling opposed Snap’s motions.

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Who Spilled the (green) Beans? 11th Circuit Unseals Private Emails in Organ Transplant Dispute

LexBlog IP

During discovery, the hospitals argued that certain of UNOS’s emails exposed “bad faith and improper behavior” in its policymaking process and should be unsealed and considered as proof that the policy change was arbitrary, capricious, and the result of a denial of due process.