Velocity of Content

JULY 22, 2021

In this post, I want to get back to the registration topic itself, this time in greater detail. Under US copyright law, typical web sites are understood as a collection of pages, basically a stack of written materials, although these are likely supplemented by still images, as well as moving images and perhaps audio recordings.

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Copyright Social Media Registration Blogging 98

Patently-O

FEBRUARY 24, 2022

Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee.

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LexBlog IP

OCTOBER 27, 2021

The first study covering these topics was released on March 13, 2018, and the second on July 18, 2019. In contrast, 21% of petitions filed against biologic patents resulted in a final written decision in which all challenged claims were found unpatentable.

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IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. The post The Year of AI Continues: U.S.

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Copyright Technology Artwork Blogging 62

LexBlog IP

SEPTEMBER 25, 2023

” As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system.

Copyright 52

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The IPKat

DECEMBER 28, 2021

This year also saw release of the EBA decision on double-patenting and a new referral on the thorny issue of plausibility and post-published evidence. Double-patenting ( G 4/19 ) Early in the year, the EBA issued its decision on the question of double patenting. Double-trouble ??

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Invention Publishing Patent Law 67

LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. 8, 2023) (nonprecedential).

Invention 52

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

The TTAB has also published a Trademark Trial and Appeal Board Manual of Procedure (the “TBMP”), which contains the rules related to pursuing trademark oppositions, cancellations and ex parte appeals at the TTAB, including on topics such as trial procedure, motions, and discovery. Parties can appeal unsatisfactory TTAB decisions.

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Litigation Trademark Registering Trademarks Registration 59

LexBlog IP

FEBRUARY 14, 2024

The Board issued its final written decision determining claim 3 to be unpatentable as obvious over Tayloe in combination with TI Datasheet (another prior art reference). and finally, the “refer to” language in [5.] ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No.

Inventor 52

Inventor Patent Art Law 52

The IPKat

AUGUST 4, 2021

are written closely side by side without any interval symbol in between, the overall sign’s interpretations predictably varied (as shown in the table below). the TMO On 20 February 2019, the TMO rejected the trade mark application (Decision [2019] No. 34784, ‘the TMO’s decision’) for violating Article 10.1(8) 8) of the TML.

Intellectual Property 62

Intellectual Property IP Law Registration 62

Technology & Marketing Law Blog

AUGUST 31, 2021

Plaintiff discovered the use of his photos in articles covering the following topics: “FemSkin”. While there is some written commentary, it is at best minimally transformative. This case involved a photographer who focuses on “dangerous stunts,” “exotic animals,” “sideshow eccentricities,” and “people who have overcome obstacles.”

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Intellectual Property Law Blog

MAY 2, 2023

This Guidance covers some important topics. The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work. when AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response).

Government 237

Government Business Licensing Copyright 237

Art Law Journal

JANUARY 13, 2022

We cover topics including career paths, preparing for interviews, using social media to grow your footprint, networking, and much more. Editors may not have written the script, but they tell the story by setting the pace, creating the rhythm, and playing with the drama and tension. Editing requires an immense amount of communication.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 20, 2021

Final Determinations were issued by the Commission in two Section 337 Investigations: Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof , Inv. Final Initial Determination ). The parties provided such written submissions on September 24, 2021.

Television 52

Television Settlement Patent Licensing 52

Velocity of Content

DECEMBER 15, 2022

This is a summary of a pre-print article my team has written on this topic (with supporting data and references); it is accessible at biorxiv. What is most important here is that no matter what definition one selects, the confidence in supporting the decision can be quantified. Data Quality Issues.

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Publishing Journalism Blogging Reporting 78

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

In their Law360 Expert Analysis article, principals Kenneth Darby and Josh Griswold discuss the state of USPTO Director review since the Supreme Court’s decision in Arthrex. Director review has not been a panacea for parties facing adverse final written decisions from the board. Read the full article on Law360.

Patent 52

Patent Art Technology Law 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

While there was significant excitement early in the year about how the Supreme Court would rule in Arthrex , its decision in June mostly maintained the status quo. A Slow Year for PTAB Precedential Decisions. Unlike rehearing, Director review is not available for non-final decisions or institution decisions.

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

MAY 2, 2023

This Guidance covers some important topics. ” The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work. when AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response).

Government 52

Government Business Copyright Licensing 52

The IPKat

MARCH 24, 2023

The Enlarged Board of Appeal (EBA) has released its written decision in G 2/21 on the question of post-published evidence. The referring decision related to the validity of patent EP2484209 claiming an insecticide made up of a combination of compounds. G 2/21 is therefore open to a certain degree of interpretation.

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Invention Publishing Patent Art 131

The IPKat

JANUARY 17, 2023

Designs get comparatively little attention which is no doubt due to space limitations (the book has almost 1,500 pages excluding the tables of cases and legislation) but given the many design complexities in Europe, it is the one topic where a bit more detail would have been welcome.

Intellectual Property 76

Intellectual Property Editing IP Publishing 76

Technology & Marketing Law Blog

FEBRUARY 15, 2023

The Court Ruling The court says that the mandatory disclosure of editorial policies is compelled speech: “the law requires that social media networks devise and implement a written policy—i.e., Obviously this opinion won’t be the final word on the NY law. The 230 preemption argument always seemed like a stretch.

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Social Media Law Publishing Blogging 64

Technology & Marketing Law Blog

JUNE 27, 2022

Third, this bill reaches topics well beyond children’s privacy. Instead, the bill repeatedly implicates general consumer protection concerns and, most troublingly, content moderation topics. ” The scope of this taskforce likely exceeds privacy topics. Indeed, it likely reaches services’ editorial decisions.

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Privacy Designs Design Business 137

LexBlog IP

MARCH 27, 2023

For example, ChatGPT can create new text-based content, such as written sentences or programming code, based on a question or request from a user. This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. answering a different intended question or providing information about a different topic).

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

43(B)log

APRIL 12, 2024

The AG’s expert drew a random sample of 2,234 calls, of which 561 discussed at least one relevant topic within this sample. Finally, the penalty wasn’t constitutionally excessive. Between 2013 and 2020, there were 1,573,400 phone calls between defendants and California students.

False Advertising 59

False Advertising Law Reporting Marketing 59

Technology & Marketing Law Blog

MAY 5, 2022

My written transcript:]. UPDATE: I’ve made my decision. My points relate only loosely to “dark patterns,” but there was no better place for my remarks in the hearing’s initial taxonomy of topics. [Today, I made brief remarks at the CPRA “stakeholder sessions” in the “dark patterns” session.

Privacy 86

Privacy Blogging Law Business 86

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

Although the number of published cases reporting factual information about emoji was in the single digits until just recently, and German courts have yet to develop a standard method of dealing with them, the topic is growing rapidly even though courts have some trepidation about it. Hesitation to display emoji in opinions.

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Blogging Social Media Publishing Reporting 79

Technology & Marketing Law Blog

MAY 18, 2023

SCOTUS issued two eagerly awaited decisions in the Twitter v. Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review.

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Social Media Law Fair Use Blogging 137

SpicyIP

FEBRUARY 5, 2024

Last week we published 9 posts on topics such as the Patent (2 nd Amendment) Rules, the Delhi High Court-Butter Chicken Controversy, and developments regarding the public search and e-register feature of the TMR website. Read Tejaswini’s post on the decision. After an eventful week, here is our recap of its top IP developments.

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? The panel answers that question decisively yes. The court helpfully summarized its outcomes: Do Social Media Make Editorial Judgments Protected by the First Amendment?

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Social Media Law Blogging Publishing 97

SpicyIP

JULY 21, 2021

While coming to this understanding, the court relied extensively on the Single and Division Bench decisions in Bayer v. Notable Highlights of the Decision . see here for our previous coverage on the Bolar exception and fans of an exhaustive reading on the topic can access the paper by Prof. UoI and Bayer v. Analysis .

Patent 98

Patent Advertising Advertising Law 98

The IPKat

AUGUST 6, 2023

Lord Justice Richard Arnold through Eleanor Wilson, who only lacks an ‘o’ and the final letter ‘a’ in common with the esteemed Professor Eleonora Rosati, but who makes up for this nominal deficiency by her enthusiasm for swing dancing and cocktails. Has the CJEU committed this cardinal sin? Professor Rosati thinks not.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Technology & Marketing Law Blog

NOVEMBER 1, 2021

He identifies two ways Section 230 can be improved: (1) Internet services should be required to honor court orders to remove content [Note: I’ve written 1k words why I don’t agree with that in this post (see point 4); and due process, the First Amendment, and the FRCP pertain this issue in addition to Section 230.] (2)

Journalism 101

Journalism Government Technology Privacy 101

Technology & Marketing Law Blog

JUNE 20, 2023

In practice, most courts make a gut-level decision whether a particular use is “fair,” and then write an opinion to justify their intuition. Barton Beebe’s empirical work on this topic. This is the familiar four-factor test for fair use. Before 2020, the Supreme Court decided only four fair use cases. In the first, Sony Corp.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. Justice Kavanagh continued by thoroughly endorsing the majority opinion: With all this in mind, the Court’s decision seems to me exactly right. Andy Warhol. And Prince, the Purple One. (Or Goldsmith et al. ,

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., The final answers to Q.I.21 With respect to Q.I.20,

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

SEPTEMBER 29, 2022

Ardagh itself seems to suggest that it means sound can be a trademark under the same rules as other trademarks, but that the unique issues endemic to sound trademarks will nonetheless influence any final decisions on registration and enforceability. ’ They issued to Intel, BMW and Taiko Pharmaceutical Co.,

Trademark 52

Trademark Registration Music Intellectual Property 52

The IPKat

APRIL 24, 2024

- AI governance and policy for the future”, written and compiled by Tim Clement-Jones, is kindly provided by Katfriend Victoria Dipla (Greek Lawyer, IGNITE Trainee Solicitor Clifford and Chance LLP London). AI governance and policy for the future ”, written and compiled by Tim Clement-Jones with the assistance of Conan Darling.

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Government Technology Publishing Marketing 57