Fri.Feb 21, 2025

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AI Legal Research Tool Infringes Copyrights in Westlaw Case Law Headnotes and Editorial Content, District Court Finds

JD Supra Law

In a highly watched copyright case, a federal district court has ruled that an AI companys unauthorized copying and use of original case annotations and editorial content from a leading legal research platform to train and develop a competing legal research tool runs afoul of U.S. copyright law. The case,Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc., is the first among a growing number of lawsuits brought against tech companies over the past few years to reach a substantive.

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Tier I, Tier II, Time for Experts; The Curious Case of Scientific Advisers, Party Expert and Two Tiered Confidentiality Club 

SpicyIP

Image generated by DALL E and edited by Canva. On January 8, 2025, the Delhi High Court, presided over by Hon’ble Justice Amit Bansal, delivered a significant ruling in the case of Syngenta Limited and Anr. vs. GSP Crop Science Private Limited (See here ). This case pertains to patent infringement concerning two process patents related to the fungicide Azoxystrobin.

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Greece Approves Legal Framework to ‘Fine’ Pirate IPTV Users, Ramps Up Blocking

TorrentFreak

Pirate site blocking is a hot topic again, now that the U.S. is considering its own blocking regime. This puts a spotlight on the practices of other countries, especially those where innocent websites are blocked, as we’ve recently seen in Spain and Italy. In Greece, where the first domains were blocked in 2018 , the situation has been relatively calm.

IP 78
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Call for Suggestions on the Draft Guidelines for Processing Patent Applications of AYUSH Systems and Related Inventions (February 28)

SpicyIP

The office of CGPDTM has invited comments on the Draft Guidelines for Processing Patent Applications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patent applications of Ayush systems and related inventions. The guidelines are available on the IPIndia website here. The deadline for sharing suggestions with the CGPDTM is February 28.

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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?

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[Audio] Season 6 Ep #1 IP State of the Union- Billion Dollar Character Acquisitions- Part 1

JD Supra Law

How have intellectual property (IP) acquisitions shaped the franchise filmmaking industry, and what lies ahead for beloved and iconic characters? Buckle up, because on this episode of IP Goes Pop! , hosts Michael Snyder and Joseph Gushue take listeners on a thrilling ride as they provide an update on the Marvel-ous IP properties that have produced some legendary films over the last few decades.

IP 78
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Comments Invited on “AI Governance and Guidelines Development” Report (February 27)

SpicyIP

Image from here The Ministry of Electronics and IT (MeitY) has published a report titled AI Governance and Guidelines Development. The Report was prepared by a Subcommittee, under the guidance of an Advisory Group (chaired by the Principal Scientific Advisor) to provide recommendations on AI governance in India. IndiaAI, an initiative of the MeitY has invited comments on the report.

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The description of a patent should "always" be used to interpret the claims (DexCom vs. Abbott, UPC_CFI_230/2023)

The IPKat

The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott ( UPC_CFI_230/2023 ), provides some interesting commentary on how much the description should be taken into account when interpreting the claims. Claim interpretation is the subject of the highly anticipated referral to the EPO's Enlarged Board of Appeal, G1/24 ( IPKat ).

Patent 58
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Bundle to Save: Spotify Avoids Royalties to Musicians 

JD Supra Law

Mechanical Licensing Collective v. Spotify USA Inc., Case No. 24 Civ. 3809 (S.D.N.Y. Jan. 29, 2025) - On January 29, 2025, the Southern District of New York dismissed a lawsuit filed against Spotify for allegedly failing to pay the appropriate royalties to songwriters. The Mechanical Licensing Collective (MLC), which collects royalties from digital streaming platforms on behalf of composition rightsholders, brought this suit after Spotify unexpectedly reduced its reported royalties.

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WWE’s Latest Trademark Filings: Control, Branding, and the Business of Wrestling

Nelligan Law

Reading Time: 3 minutes Last time , we covered The Rocks legal victory in reclaiming his iconic name and WWEs long-standing practice of owning wrestler identities. Now, WWE has filed twelve new trademark applications, reinforcing that intellectual property is just as vital to its business model as the action inside the ring. The latest batch of potential NXT stars features names that sound like they could belong to action movie protagonists, luxury cologne brands, or the cast of a high-budget Ne

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Copying Westlaw Headnotes to Train AI Legal Search Competitor Is Not Fair Use, Per District of Delaware

JD Supra Law

On February 11, 2025, Third Circuit visiting Judge Stephanos Bibas, sitting by designation on the U.S. District Court for the District of Delaware, granted summary judgment that Ross Intelligence directly infringed Thomson Reuters (owner of Westlaw legal research platform) copyright in 2,243 Westlaw headnotes in the course of training its own artificial intelligence (AI) legal research program.

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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.

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RestoPros Files Lawsuit for Trademark Infringement and Breach of Agreement in Restoration and Remediation Dispute.

Indiana Intellectual Property Law

RestoPros Franchising, LLC , a North Carolina -based company specializing in restoration and mold remediation services, has filed a lawsuit against Indiana company, SFTS Services, Inc. and its owners, Dale L. Bailey and Brandy M. Bailey. The lawsuit accuses the Baileys of trademark infringement , deceptive trade practices , and breaching their franchise agreement with RestoPros.

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Sometimes Less is More: Patentability of “Simple” Designs

JD Supra Law

When there are fewer design elements in a design claim or when the individual elements of the design seem commonplace in isolation, it can be easy to overlook the inventive effort that went into developing a design. Rather than looking to the overall visual impression that those design elements provide as a whole, one can make the fatal error of ignoring a majority or the entirety of the design, considering it to be no more than an abstract idea..

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Big YouTube Channel Gets TRO Against Being Targeted by DMCA Copyright Takedown Notices–Invisible Narratives v. Next Level Apps

Technology & Marketing Law Blog

This case involves “ Skibidi Toilet ,” an animated video series that, as its title implies, targets a Gen Alpha audience. No, I had never heard of it before today; and no, I don’t plan to watch any shows with either the words “Skibidi” or “Toilet” in their titles. The image accompanying this post comes from the series–if it’s disturbing to you, you must not be Gen Alpha.

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One of the Early Appeal Decisions in Quantum Computing Represents a Positive Datapoint

JD Supra Law

As reported by Quantum Insider, this past week, the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) overturned an examiner's rejections of an application directed to a quantum computing invention. Even though this decision is based solely on the view of three administrative patent judges at the PTAB, it is notable since there have not yet been a substantial amount of.

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6 Things To Know About Shein's Fast Fashion Feuds

IP Law 360

READY FOR 2ND EDIT - MA 1ST EDITED - SEP SUM - Ultra-fast fashion behemoth Shein is facing accusations of infringing intellectual property in dozens of cases from plaintiffs ranging from major fashion brands to individual artists. Here are six things to know about Shein's intellectual property battles.

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The Doctrinal Merger No One Asked For: How Enablement Swallowed Utility

Patently-O

by Dennis Crouch The Federal Circuit's recent decision in In re McLeay offers a glimpse into the evolving relationship between utility and enablement in patent law. Although the decision is short and non-precedential, I think it offers some important insights on how both the USPTO and Federal Circuit judges are thinking about the issues. In affirming the USPTO's rejection of claims for treating COVID-19 with aerosolized ribavirin, the court's February 18, 2025 ruling (No. 23-2338) shows that the

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Attention, Small Business Owners: The ITC Could Help You Enforce Your IP

JD Supra Law

The Federal Circuit's recent decision in Wuhan Healthgen Biotechnology Corp. v. U.S. International Trade Commission significantly alters the landscape for small companies seeking recourse against foreign infringers. The court affirmed the International Trade Commissions (ITC) ruling that Ventria Bioscience, a smaller company (e.g., under 50 employees), met the domestic industry requirement despite its relatively modest investment in the patented cell culture product-at-issue.

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Off The Bench: White House Hosts PGA Tour-LIV Golf Summit

IP Law 360

In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.

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The Precedent: The Federal Circuit Provides Guidelines for Challenging Expired Patents in Apple Inc. v. Gesture Tech. Partners, LLC

JD Supra Law

In this edition of The Precedent, we outline the decision in Apple Inc. v. Gesture Tech. Partners, LLC. In Apple Inc., v. Gesture Tech Partners, LLC, the Federal Circuit reviewed the Patent Trial and Appeal Boards (PTAB) determination of patentability of claims 1-7 of expired U.S. Patent No. 8,878,949 (the 949 Patent) during an Inter Partes Review (IPR).

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Pepperdine Says Netflix, WB Series Rips Off 'Waves' Athletics

IP Law 360

Netflix and Warner Bros. Entertainment ripped off Pepperdine University's intellectual property, including the colors and branding of its basketball team, to create their forthcoming comedy series "Running Point" and create a false sense of affiliation, the university alleges in a trademark infringement lawsuit filed Thursday in California federal court.

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The Precedent: Federal Circuit Sidesteps Ruling on the Reverse Doctrine of Equivalents Theory in Steuben Foods Inc. v. Shibuya Hoppmann Corp

JD Supra Law

In this edition of The Precedent, we outline the decision in Steuben Foods Inc. v. Shibuya Hoppmann Corp. This case addresses whether the reverse doctrine of equivalents (RDOE) is a viable defense to patent infringement.

Editing 65
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Eli Lilly Has Exclusivity Over Weight Loss Drug, FDA Says

IP Law 360

The U.S. Food and Drug Administration asked a Texas federal court to reject a request for an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, saying Thursday the agency based its decision on sound facts and it was within its authority.

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[Video] The Briefing: Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight

JD Supra Law

In the case of Sydney Nicole vs. Alyssa Sheil, a federal district judge ruled that certain vibes and aesthetics can be protected under copyright law. Weintraub attorneys Scott Hervey and Tara Sattler break down this decision and what it means for content creators and brands in the digital age on this episode of The Briefing.

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Puma, Brooks End IP Fight Over 'Nitro' Running Shoes

IP Law 360

Puma and Brooks Sports have agreed to drop dueling intellectual property claims over "Nitro"-branded sole foam technology used by both athletic apparel retailers to market running shoes, according to a notice filed in federal court in Seattle on Friday.

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[Audio] (Podcast) The Briefing: Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight

JD Supra Law

In the case of Sydney Nicole vs. Alyssa Sheil, a federal district judge ruled that certain vibes and aesthetics can be protected under copyright law. Weintraub attorneys Scott Hervey and Tara Sattler break down this decision and what it means for content creators and brands in the digital age on this episode of The Briefing.

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MSN Calls Novartis' Entresto Delisting Protest 'Disingenuous'

IP Law 360

Novartis' claim that there's no rush to decide whether a patent covering its blockbuster cardiovascular drug Entresto should be removed from a key drug database is "disingenuous and a complete about-face," MSN Pharmaceuticals has told a Delaware federal judge.

Patent 52
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The Precedent: Federal Circuit Provides Further Clarity on Issues Surrounding Patent Validity in Novartis Pharmaceuticals Corp. v. Torrent Pharma Inc.

JD Supra Law

In this edition ofThe Precedent, we outline the validity of a pharmaceutical patent concerning the patents written description. Following an appeal from the United States District Court for the District of Delaware, the Federal Circuit considered challenges to the validity of a pharmaceutical patent concerning the patents written description, enablement, and obviousness.

Editing 62
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Whirlpool Seeks More Damages And Fees After $27M TM Win

IP Law 360

Michigan-based appliance company Whirlpool Corp. has requested enhanced damages and attorney fees after a Texas federal jury found last month that Chinese company Shenzhen Sanlida Electrical Technology Co. Ltd. owed Whirlpool $27 million for willfully infringing and diluting the trademark for its iconic KitchenAid stand mixers.

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Federal Circuit Patent Watch: Federal Circuit Orders Remanded Case Reassigned to New Judge, Finding That Trial Judge’s Statements Were “Undermining the Appearance of Justice and Fairness”

JD Supra Law

Precedential and Key Federal Circuit Opinions - HD SILICON SOLUTIONS LLC v. MICROCHIP TECHNOLOGY INC. [OPINION] (2023-1397, 2/6/2025) (Lourie, Stoll, Cunningham) - Lourie, J. The Board affirmed the Final Written Decision of the Patent Trial and Appeal Board (Board) finding the challenged claims unpatentable as obvious.

Patent 62
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Trade Secrets Dispute Between Cell Tower Cos. Stays Alive

IP Law 360

A Pennsylvania federal judge on Thursday narrowed a lawsuit between rival cell tower companies over the use of pricing information, dismissing trade secret claims stemming from leases that lacked confidentiality or nondisclosure provisions.

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Federal Circuit Clarifies Patent Claim Assertion After PTAB Unpatentability Decisions

JD Supra Law

On February 10, the Federal Circuit held in Kroy IP Holdings, LLC v. Groupon, Inc. that a final written decision of the Patent Trial and Appeal Board (PTAB) concluding that certain claims are unpatentable does not prevent the patent owner from asserting in a district court proceeding similar claims that were not challenged in front of the PTAB.

Patent 62
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Microsoft Says Encryption Suit Misunderstands Its Tech

IP Law 360

Microsoft says there's no longer any need for it to face a patent lawsuit over email encryption, telling a Washington federal court that it has become clear that its software "does not work" the way the plaintiff says it does.

Patent 52
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distinguishing false establishment claims from lack of substantiation claims

43(B)log

Kurin, Inc. v. ICU Medical, Inc., 2024 WL 5416672, No. 8:24-cv-00564-FWS-ADS (C.D. Cal. Nov. 8, 2024) The parties compete in the market for medical devices aimed at addressing blood culture contamination (BCC) in hospitals. BCC is both medically and financially costly. Kurin makes the Kurin Lock, while defendants make a series of syringes, collectively VI Syringes.

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ITC To Review Hoverboard Maker's Patent Case

IP Law 360

The U.S. International Trade Commission is going to look into the latest patent complaint from the inventor of a self-balancing hoverboard who is targeting rival products from China.

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Shaken, Not Stirred—But Now Under Trademark Attack

Nelligan Law

Reading Time: 3 minutes Just when you thought James Bond had outmaneuvered every criminal mastermind, dodged every bullet, and suavely ordered every martini imaginable, a new adversary steps into the spotlighttrademark lawyers. Yes, 007 is now entangled in a legal battle over his own name, and while it may lack the thrill of a high-speed chase through Monte Carlo, its proving to be just as formidable.