Mon.Feb 03, 2025

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Understanding the Copyrightability of AI: Insights from the U.S. Copyright Office

Barry Sookman

The United States Copyright Office released its second report dealing with artificial intelligence (AI) and copyright. The report, Copyright and Artificial Intelligence Part 2: Copyrightability , unsurprising, concludes that copyright does not extend to purely AI-generated material where there is insufficient human control over the expressive elements.

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More Ways for the New Acting Director to Fix the USPTO Fast

IP Watchdog

I liked reading the always-excellent Rob Greenspoon's post about five (almost) instant fixes to the patent system. The next U.S. Patent and Trademark Office (USPTO) Director would do well to read that post. Intellectual property rights are greatly important to Americas economy, and an efficient and well-functioning USPTO is critical to ensuring that such rights are protected.

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Do We Know Them Podcasters Win Fair Use CCB Case

Plagiarism Today

The Copyright Claims Board has ruled in favor of two podcasters in a bitter battle over fair use and a TikTok video. The post Do We Know Them Podcasters Win Fair Use CCB Case appeared first on Plagiarism Today.

Fair Use 226
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OpenAI Accuses DeepSeek of Unlawful Use of AI Models, Raising Ethical and Legal Concerns

JD Supra Law

In a major development within the global artificial intelligence (AI) industry, OpenAI has lodged serious accusations against DeepSeek, a Chinese AI startup, alleging that the latter has illegally utilized its proprietary models to develop a competing product. These claims underscore significant ethical and legal considerations that are highly relevant to AI model security and competitive business ethics.

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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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USCO Issues 2nd Report on Artificial Intelligence: Copyrightability

The Illusion of More

Where AI merely assists an author in the creative process, its use does not change the copyrightability of the output. At the other extreme, if content is entirely generated by AI, it cannot be protected by copyright. Copyright and Artificial Intelligence Part 2, Copyrightability, USCO – Last week, the U.S. Copyright Office released Part […] The post USCO Issues 2nd Report on Artificial Intelligence: Copyrightability appeared first on The Illusion of More.

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Call for Applications: SpicyIP Tech Innovation Policy Fellowship 2025 (Apply by February 23)

SpicyIP

Attention IP and tech enthusiasts! We are very excited to announce the SpicyIP Tech Innovation Policy Fellowship 2025! This Fellowship is a one year programme, with the aim of contributing towards deeper understandings on the law and policy front around new technologies. It has been made possible thanks to a generous grant by FOSS United Foundation, which as many of our readers may know, does some fantastic work in the free and open source software space in India.

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3 Count: Lawsuit of Steel

Plagiarism Today

Superman co-creator's estate sues Warner, Sundance films pulled over piracy concerns and court rejects Musi's injunction against Apple. The post 3 Count: Lawsuit of Steel appeared first on Plagiarism Today.

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Publishers Ramp Up Pressure vs. Anna’s Archive, Sci-Hub, Z-Library & Libgen

TorrentFreak

In a world where many things seem vulnerable to change at a moment’s notice, the same world viewed from a more distant vantage point hardly seems to change at all. Whether for recreation or education, demand for published content in various formats continues to thrive. Yet a closer view reveals bricks and mortar book stores and traditional libraries in decline, and licensed digital libraries invisibly replacing both online.

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Copyright Office Releases Part 2 of Artificial Intelligence Report

JD Supra Law

On January 29, 2025, the U.S. Copyright Office issued part two of it's report on Artificial Intelligence ("AI") which addresses the topic of copyrightability as it relates to AI. This report follows an extensive initiative by the Copyright Office, which included public consultations, educational webinars, and a Notice of Inquiry (NOI) that garnered over 10,000 comments from a diverse range of stakeholders.

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MPA Shares Pirate Site Blocking ‘Best Practices’ at WIPO Meeting

TorrentFreak

U.S. Rep. Zoe Lofgren introduced a new site blocking bill in the House last week, titled: Foreign Anti-Digital Piracy Act (FADPA). Should the proposal become law, FADPA would enable rightsholders to restrict access to verified pirate sites, run by foreign operators. Site blocking orders would apply to both Internet providers and public DNS resolvers.

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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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THE REVERSE CONFUSION THEORY: AN EXCEPTION TO DOCTRINE OF PRIOR USE

Intepat

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. This principle helps protect small businesses that adopt a trademark before larger companies enter the same space.

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Canadian trademark law 2024: a year in review

JD Supra Law

In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinaras wedeliver a roundup of Canadian trademark law, highlighting some of the most important new cases and practice directions from 2024. These are the key cases and legal developments that brand owners ought to know.

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materiality surveys may not need controls

43(B)log

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., No. 14-MD-2542 (VSB), 2025 WL 354671 (S.D.N.Y. Jan. 30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. Keurig sought to exclude Hal Porets testimony, offered primarily for the purpose of showing that Keurig statements misled consumers into believing that its 2.0 Brewer worked only with Keurigs K-Cups, an

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Sterne Kessler’s Reissue, Reexamination, and Supplemental Examination Practice Tips – January 2025

JD Supra Law

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the USPTO formed the Central Reexamination Unit (CRU) and staffed it with 15 year+ Examiners and legal experts. Later, after the loss of Inter Partes Reexamination in 2012, the USPTO added all newly filed reissue applications to the CRU Examiners regime.

Patent 65
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'Retromark: the conference' is back on 3 April 2025 – sign up now!

The IPKat

RetroKats The sixth annual Retromark conference returns for another afternoon of in-person trade mark law and practice hosted by Darren Meale of Simmons & Simmons and the IPKat on Thursday, 3 April 2025. This year, the keynote speech will be delivered by Professor Johanna Gibson, Herchel Smith Professor of Intellectual Property Law, Queen Mary University of London.

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The Pitch - January 2025

JD Supra Law

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLPs Entertainment & Sports industry team.

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Valve Wars: Indiana Rivals Banjo and Green Leaf Clash Over Trademarks, Domains, and Market Power

Indiana Intellectual Property Law

Indiana-based companies, Banjo Corporation and Green Leaf, Inc., are again in litigation over their crossing business of manufacturing and selling valves and pipe fittings. The original complaint brought forth by Banjo, still pending, was for trademark infringement with Green Leaf’s use of the color yellow on their liquid handling valves. Now Green Leaf is suing Banjo for the use of domain names and trademarks.

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PTAB Denies Motion for Joinder After Unsuccessful District Court Invalidity Challenge

JD Supra Law

On June 6, 2024, Shenzhen Waydoo Intelligence Technology Co., Ltd. (Waydoo) filed a petition for inter partes review (IPR) of U.S. Patent No. 9,359,044 (the 044 Patent) (IPR998), assigned to MHL Custom, Inc. (MHL). Concurrently with its petition, Waydoo filed a motion for joinder seeking to join IPR998 to IPR2024-00086 (the Foil Boarding IPR), which also challenges the 044 Patent and includes different real parties-in-interest.

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CAFC Finds PTAB Improperly Analyzed Order of Claimed Steps in Upholding Validity

IP Watchdog

Today, the U.S. Court of Appeals for the Federal Circuit issued a brief ruling in Telit Cinterion Deutschland GmbH v. 3G Licensing S.A., largely affirming a final written decision by the Patent Trial and Appeal Board (PTAB) that nixed Telits validity challenge to substitute claims submitted during inter partes review (IPR) proceedings.

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Collection of Patents for Non-Use of Water Use Rights

JD Supra Law

The Director General of Water issued Exempt Resolution No. 4155 in December 2024, issued within the framework of Article 129 bis 4 et seq. of the Water Use Code, after consultation with the respective user organizations; and which establishes the 2025 water use rights subject to the payment of a tax benefit patent for non-use of water. The resolution was published on Wednesday, January 15, 2025 in the Official Gazette.

Patent 68
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TTAB Posts February 2025 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee--Bee) has scheduled eleven (11) oral hearings for the month of February 2025. All will be held virtually, except for the February 25th hearing, which will be "conducted in a hybrid format, allowing for both in-person and virtual participation." The in-person portion will be held at the USPTO's Madison East Building in Alexandria, Virginia.

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Apple Seeks Bench Trial Win In Masimo's Trade Secret Suit

IP Law 360

Apple Inc. urged a California federal judge Monday to issue a bench trial ruling that it didn't steal Masimo Corp.'s pulse oximetry technology for its smartwatches, arguing no actual trade secrets were at issue and that it used its ownindependently developed innovations to create the blockbuster product.

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Janssen Pharms., Inc. v. Teva Pharms. USA, Inc.

JD Supra Law

Invega Sustenna (paliperidone palmitate) - Case Name: Janssen Pharms., Inc. v. Teva Pharms. USA, Inc., Civ. Nos. 18-734, 19-16484, 2024 WL 5135666 (D.N.J. Dec. 17, 2024) (Cecchi, J.) Drug Product and Patent(s)-in-Suit: Invega Sustenna (paliperidone palmitate); U.S. Patents No. 9,439,906 (the 906 patent).

Patent 70
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Exploring Intellectual Property Provisions Under the IT Act: Balancing Cyber Law and IPR Protection in India

Intepat

Introduction With the rapid growth of the digital world, intellectual property rights (IPR) face new challenges like online piracy, unauthorized distribution, and digital theft. In India, the Information Technology Act, 2000 (IT Act) plays a key role in protecting intellectual property in the digital space. This article explains how the IT Act supports IPR, its connection with other IP laws, important court decisions, and recommendations for improving IP protection in the digital age.

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Copyright Law and the Grammys

JD Supra Law

On Sunday, two of the most prestigious categories at the 67th Annual Grammy Awards will confuse millions. To prevent you from being one of them, allow copyright law to explain the difference between Song of the Year and Record of the Year.

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Copyright Law and Fanfiction: Navigating the Intersection of Creativity and Intellectual Property

Intepat

What is Fanfiction? Fanfiction is when people write new stories using characters, settings, or plots from their favorite books, movies, or shows. Its a way for fans to be creative and explore new ideas based on existing stories. However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law.

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Trademark Monitoring: What Girl Scout Cookies Can Teach Us About Intellectual Property

JD Supra Law

Its cold in southeastern Wisconsin, and that can mean only one thingits nearly Girl Scout Cookie season and time to restock my favorites for the year. On learning that the cookie Toast-Yay! will be retiring, I wondered whats coming next year.

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Gilstrap Tells Patent Atty To 'Relearn The Fundamentals'

IP Law 360

U.S. District Judge Rodney Gilstrap has decided that "public admonition" is a more appropriate punishment than legal fines for a lawyer whose client was called a "patent troll" by opponents, ordering the attorney to "relearn the fundamentals of the Federal Rules of Civil Procedure.

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USPTO Kicks “Hijacker” of Foreign Trademark Out the Door

JD Supra Law

When, if ever, is it okay to use a trademark in U.S. commerce that is identical to another companys mark used outside the U.S.? Courts have struggled with this issue for years, and the U.S. Patent and Trademark Office (USPTO) recently stepped into the fray in a precedential decision released earlier this month.

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Fed. Circ. Questions Mitek's Fears Of USAA Check Patent Suit

IP Law 360

A Federal Circuit panel appeared skeptical of banking software company Mitek Systems Inc.'s effort to revive a suit seeking a declaration that it is not infringing check deposit patents United Services Automobile Association has won millions from suing over, suggesting Monday it seems like Mitek won't also be sued.

Patent 52
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Copyright Office Issues Report on Copyrightability of AI Content

JD Supra Law

On January 29, 2025, the U.S. Copyright Office released a report concerning artificial intelligence (AI) and copyright law, focused on the scope of copyright protection for content generated in whole or in part by AI.

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Artist Fights Lego's Bid To Toss Suit Over 'Queer Eye' Jacket

IP Law 360

A New York leather jacket designer who claims that Lego ripped off his work after it appeared on the Netflix show "Queer Eye" has urged a Connecticut federal judge to deny the toy company's bid to toss his case, saying the jacket used in a Lego play set "is not just fabric and paint; it's an original expression.

Designs 52
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PTAB by the Numbers: Petitions and Director Review Requests Trending up

JD Supra Law

On Jan. 29, 2025, the U.S. Patent and Trademark Office (USPTO) released statistics regarding the number and type of contested proceedings brought to the Patent Trial and Appeal Board (PTAB) in the first quarter of fiscal year 2025 (Q1 FY25), spanning Oct. 1, 2024, to Dec. 31, 2024.

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PTAB Must Rethink 3G Sisvel Ruling, Fed. Circ. Says

IP Law 360

The Federal Circuit said Monday an administrative patent board fumbled when failing to read technical language correctly in a 3G patent owned by European patent-licensing company Sisvel.

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Client Alert: US Copyright Office Issues Report on Copyrightability of Works Incorporating AI-Generated Material

JD Supra Law

On January 29, 2025, the US Copyright Office issued a long-awaited report on the copyrightability of works consisting of or incorporating material generated by artificial intelligence (AI) systems. The report is broadly consistent with copyright registration guidance the Office provided in 2023, but recognizes that AI is increasingly being used in the creation of works in a wide variety of ways that require nuanced and fact-specific analysis to determine the scope of copyright protection.