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SpicyIP Weekly Review (November 4-November 10)

SpicyIP

recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law Unpacking the Hamburg Regional Court’s landmark ruling in Robert Kneschke v.

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Patent Poetry: Understanding the Idea/Expression Dichotomy in Copyright Law

JD Supra Law

Clients sometimes ask intellectual property (IP) lawyers how they can patent or copyright their ideas and make money off them. Neither patent law nor copyright law protects ideas per se. By: AEON Law The short answer is: you probably can’t.

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Patent Law Canons and Canards: Bonito Boats

Patently-O

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

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From Headnotes to Head-scratchers: The Functional Fallacies in Thomson Reuters v. Ross Intelligence

SpicyIP

The Court’s analysis reveals a misunderstanding of how technological innovation intersects with copyright law. Relies too heavily on similar functionality of headnotes to improve search tools, ignoring that such functional aspects fall outside copyright’s scope and within patent law’s domain; 2.

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What Does “Prior Art” Mean in Copyright Law?

JD Supra Law

The traditional understanding in copyright law is that the concept of “prior art” is only applicable to patents and that the term is not relevant in assessing whether a defendant has infringed someone’s copyright. Patent law demands that an invention must be new and novel to receive protection.

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IPKat Book of the Year Awards 2023 winners announced!

The IPKat

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi. The Proportionality Test in European Patent Law, by Léon Dijkman. •

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Impact of AI on Global IP Systems

IIPRD

If such products were created by a human inventor, they could be eligible for patent protection. A human inventor serves as the central figure in the design of the patent system. The main rationale behind patent law is to reward and encourage the creative actions of creators. 362 [10] Lionel Bently et al.,

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