LexBlog IP

AUGUST 9, 2023

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location. ”) was correct.

Invention 52

Invention Patent Intellectual Property 52

Dear Rich IP Blog

AUGUST 3, 2022

The topic of our publication is the museum. I can’t find any caption with credit / © language. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. The authors found the image on the web. on the web. If you go with the photo. Architectural copyright.

Publishing 97

Publishing Fair Use Artwork Copyright 97

The IPKat

OCTOBER 2, 2023

Large language models (LLMs) such as ChatGPT have been hailed as potentially revolutionary for the legal industry. We are now awash with companies claiming to provide LLM software capable of drafting, prosecuting and challenging patents. OpenAI is already makes moves towards providing this functionality.

Patent Drafting 73

Patent Drafting Patent Invention Technology 73

Patently-O

FEBRUARY 15, 2023

The Federal Circuit weighed in on the amorphous topic of subject matter eligibility in the recent opinion ChromaDex, Inc., Claim one of ‘807 states: 1. Although the claims require isolated NR, they do not require a specific high-concentration, only enough to “increase[] NAD+ biosynthesis upon oral administration.”

Patent 54

Patent Patent Drafting IP Law 54

Technology & Marketing Law Blog

JUNE 21, 2022

In particular, which, if any, services offering user-generated content (UGC) functionality do NOT satisfy this definition? Though decades of litigation might ultimately answer the question, I expect that the language likely covers all UGC services. ” The Law’s Requirements.

Social Media 120

Social Media Law Publishing Reporting 120

Kluwer Copyright Blog

DECEMBER 12, 2021

To the first test, the result is that for ML models, even if we might have a computer program in the sense of copyright, it will be excluded from protection to the extent that a valid authorship claim cannot be articulated. Moreover, it brings us back to the debate of protecting functional works under the copyright regime.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. We don’t do “A-for-Effort” laws in the U.S.,

Privacy 138

Privacy Designs Design Business 138

Kluwer Copyright Blog

MARCH 2, 2022

While the field is rich on exaggerated claims, there are certain domains that have seen a genuine revolution fueled by AI. The main technology used in the field is natural language generation (NLG). Photo by AbsolutVision on Unsplash. The buzz around AI-generated outputs seems to never stop. One such field is journalism.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) The claims require a “binding element” to bind T-cells to cancer cells. It is a forest-tree situation.

Patent Law 125

Patent Law Law Patent Invention 125

LexBlog IP

MARCH 27, 2023

In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. Wikipedia), articles, and other information available on the Internet. .’”

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Sonia Katyal: what are the functions of pleasure? Claim is that IP is just part of the nonmarket economy. Then there’s commodification of pleasure.

IP 59

IP Marketing Marketing Patent 59

IIPRD

NOVEMBER 1, 2023

One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work. Having a thorough understanding of these topics is crucial for avoiding problems. The IP legislation and the function of modern art are at odds with one another.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

IPilogue

JANUARY 14, 2022

This was a significant development as the Supreme Court of Canada had expressly rejected the idea and stated that admitting patent prosecution history “would undermine the public notice function of the claims, and increase uncertainty as well as fuelling the already overheated engines of patent litigation” ( Free World Trust v Électro Santé Inc.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

MAY 2, 2022

On remand, the Ninth Circuit again says that hiQ is entitled to injunctive relief, because LinkedIn’s claims under the CFAA don’t neutralize hiQ’s colorable tortious interference claims against LinkedIn. Viability of hiQ’s Tortious Interference Claim : The court again finds hiQ’s tortious interference claims viable.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. Hetero Drugs claimed that the drug was not being used in India and the export was only for research and development purposes. c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JUNE 19, 2022

When we accept them, or as the case may be – when we accept claims that use the term rights in their name – we simultaneously, knowingly or not, validate a form of distribution of freedom, authority and resources. Feus: ( Confused ) right-wrong … wronged right … what is this new binary bafflement, Prof.? it relates to (i.e.

IP 119

IP Fair Use Invention Copyright 119

43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. But what is TM use? of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Technology & Marketing Law Blog

AUGUST 2, 2022

a public or semipublic internet-based service or application that has users in California and that meets all of the following criteria: (A) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. (B) Social Media Benefits Minors.

Social Media 86

Social Media Privacy Designs Design 86

LexBlog IP

OCTOBER 31, 2022

With this understanding, ethical aspects of AI could (and likely should) be considered in the development of AI models or systems, including those claimed as patentable inventions. Alternatively, new laws could be created to specifically address the concerns or topics identified by the AI Bill of Rights.

Privacy 52

Privacy Designs Design Government 52

LexBlog IP

DECEMBER 31, 2022

For example, Nvidia released an AI framework ( Nvidia BioNeMo ) for training and deploying large biomolecular language models. Nvidia BioNeMo uses a large language model (LLM) framework and supports chemistry, protein, DNA, and RNA data formats. Radiotherapy and Radiology.

Intellectual Property 52

Intellectual Property IP Technology Privacy 52

43(B)log

FEBRUARY 24, 2021

Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B. Substantiation of “regular” price claims is also a big issue. Joseph Lewczak: FTC v. Loot boxes are on the horizon. distribution of prizes if any.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

MARCH 25, 2024

Crucially, “factual” does not mean “true,” because that would make “purely factual information”—the language of Zauderer —surplusage. NIFLA says that abortion is a controversial topic, making disclosures about abortion controversial; but NetChoice said that “ disclosures of social media censorship decisions” were not controversial.

Advertising 64

Advertising Advertising Social Media Government 64

Technology & Marketing Law Blog

JANUARY 18, 2022

Unsurprisingly, courts are also struggling with FOSTA’s core drafting ambiguity (that was highlighted for Congress during its deliberations) about the level of scienter applicable to the sex trafficking civil claim. Students: this post surfaces numerous potential paper topics. ” Section 230 for non-FOSTA Claims.

Blogging 120

Blogging Reporting Publishing Law 120

The IPKat

JANUARY 9, 2022

The panel discussed topics from the perspective of China, Germany, Europe, Japan, and the U.S., Finally, she highlighted the Copyright Office’s efforts in standing up a small claims tribunal within the Copyright Office under the Copyright Alternative in Small-Claims Enforcement (CASE) Act. Maria Strong (U.S.

Reporting 57

Reporting Law IP Patent 57

Michael Geist

APRIL 6, 2022

So concerned was the Supreme Court of Canada with the importance of links that in considering potential liability for defamation for a link, it warned “given the core significance of the role of hyperlinking to the Internet, we risk impairing its whole functioning.”

Government 99

Government Business Journalism Marketing 99

43(B)log

JUNE 29, 2023

Daphne Keller: There’s a real difference b/t a culture that has real trust in regulators to do things with vague language and one that doesn’t. Might be broken down by topic. Who’s going to hold the powers that be accountable for whether or not this accomplishes the goals that they claimed it would/we think it should?

Law 52

Law Privacy Litigation Social Media 52

LexBlog IP

JANUARY 18, 2022

With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge. A downer, to be sure, but also an opportunity to reflect on some legal issues affecting food and wine. Olive Oil and State Pride.

Law 52

Law Trademark Branding Brands 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

In particular, FDA flagged as false or misleading Amgen’s claims in the advertisement that “In a Real-World Study with nearly 11,000 patients Pegfilgrastim PFS resulted in a significantly higher risk of FN [(febrile neutropenia)] vs Onpro ®.” The court has not yet issued its claim construction order. On June 2, 2021, Alvotech hf.

Litigation 52

Litigation Settlement Patent Marketing 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. 2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”). The district court dismissed plaintiff’s complaint for failure to state a claim. In Oakwood Lab’ys LLC v.

Law 59

Law Confidentiality Designs Design 59

LexBlog IP

DECEMBER 26, 2023

There have been some court decisions on this precise topic, but the law is not completely settled. You’ll almost certainly see language that says you cannot apply for copyright or trademark registration for those logos , and that Canva and whoever they licensed the clip art, photos, etc.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

SEPTEMBER 29, 2022

The Court also noted that sound “to be a purely technical and functional element,” PRESS RELEASE No 120/21 Luxembourg, 7 July 2021 , see also Ardagh at par. 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). ”; see also ILN Today, July 15, 2021. ” In fact, sound marks have been the focus of many in the EU.

Trademark 52

Trademark Registration Music Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 9, 2024

They sued Snapchat for a wide ranges of tort claims. To get around the clear Section 230 barrier to those claims, the plaintiffs attempted the now-standard Lemmon v. The Doe II opinion addressed many of the issues before this court, including whether the claims were based on third-party content or first-party design.

Publishing 76

Publishing Designs Design Law 76

LexBlog IP

JULY 21, 2021

” Beyond pure economics, intellectual property rights can impact on the ease or difficulty with which sacred books may be translated into new languages, which has extra-economic impacts as well, as some have noted. Indian Trademark Act of 1999, Section 9(2)(b) (emphasis added)(language quoted from ¶17 of Amritpal Singh v.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

MAY 18, 2023

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. By plaintiffs’ own telling, their claim is based on defendants’ “provision of the infrastructure which provides material support to ISIS.” We disagree.

Social Media 137

Social Media Law Fair Use Blogging 137

Technology & Marketing Law Blog

JUNE 20, 2023

Although copyright infringement is a strict liability tort, all of these facts might have helped to convince Goldsmith to settle on reasonable terms, and all of them would have made AWF a more sympathetic defendant in the unlikely event that Goldsmith pursued her claims and a trial was needed. In the first, Sony Corp. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95