Wed.Feb 12, 2025

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Court Definitively Rejects Fair Use Defense in AI Training Case

JD Supra Law

In one of the most closely-watched copyright cases this year, a Delaware court rejected defendant, ROSS Intelligences (ROSS), fair use and other defenses by vacating its previous stance and granting summary judgement in favor of plaintiff, Thomson Reuters (Reuters). The case stems from allegations that ROSS used copyrighted material from Reuters legal research platform, Westlaw, to train its artificial intelligence (AI)-driven legal research engine.

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3 Count: Superb Owl Seizure

Plagiarism Today

US authorities seize multiple piracy domains, creators criticize UK copyright consultation, and Sony takes down two fan projects. The post 3 Count: Superb Owl Seizure appeared first on Plagiarism Today.

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First of Its Kind Decision Finds AI Training Is Not Fair Use

Copyright Alliance

On February 11, a judge in the U.S. District Court of Delaware issued an opinion in a long-running AI copyright infringement case, rejecting the defendants fair use defense and finding […] The post First of Its Kind Decision Finds AI Training Is Not Fair Use appeared first on Copyright Alliance.

Fair Use 133
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Patent Applications After Final Rejection: A One-Year Follow-Up Study

Patently-O

by Dennis Crouch I have been looking at after final practice, and potential changes going forward in how applicant's respond to this important decision point. The chart above looks at fate of patent applications that received final rejections in January 2024 -- and shows an optimistic picture one-year out. Among the 15,813 applications tracked, nearly half (48%) have issued as patents or at least received a notice of allowance, suggesting that a final rejection, while a significant hurdle, is fa

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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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The AI Royal Flush: The Five Foundations of Artificial Intelligence, Part 2

JD Supra Law

This is Part 2 of a summary of Ward and Smith Certified AI Governance Professional and IP attorney Angela Doughty'scomprehensive overview of the potential impacts of the use of Artificial Intelligence (AI) for in-house counsel. By: Ward and Smith, P.A.

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Docket This: Working with Clients to Manage the USPTO Continuation Surcharges

Patently-O

by Dennis Crouch The USPTO's new fee structure, which took effect on January 19, 2025, introduces significant changes that will reshape patent prosecution strategy in the coming years. While the update includes generally higher fees across the board, one notable development is a substantial surcharge targeting continuation applications filed long after their earliest benefit date (EBD).

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USPTO Ends Fast Exams Of Patents Targeting Climate Change

IP Law 360

The U.S. Patent and Trademark Office has suspended a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, saying any future petitions to participate in the program will not be granted.

Patent 71
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Global Trade Secret Update - Key Developments in 2024

JD Supra Law

This publication summarizes noteworthy 2024 legal developments in trade secret law in key centers of commerce throughout the world. Understanding these legislative and judicial developments can help trade secret owners maintain trade secret protection, guard against misuse of their trade secrets by others, and assert rights as necessary.

Law 70
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Labcorp Can't Score New Trial After $384M Patent Trial Loss

IP Law 360

Clinical lab giant Labcorp has failed to land a new trial in front of U.S. District Judge Alan Albright after a $384.4 million patent infringement judgment against it in a case over a method for testing for genetic disorders during pregnancy.

Patent 52
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Human Input Necessary for Copyrightability of Works Created with Artificial Intelligence

JD Supra Law

Last week, the United States Copyright Office (USCO) released its long-anticipated report on the copyrightability of works created with the aid of artificial intelligence (AI). The report did not break new ground by recommending updated legislation or providing an objective bright-line test to determine the copyrightability of works created with AI.

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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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Bausch Health Beats Suit Over 'Faking' Financial Stability

IP Law 360

Pharmaceutical company Bausch Health Cos. Inc. and its top brass have beaten, for now, a proposed class action accusing them of misleading shareholders about threats to the company's financial stability, with a New Jersey federal judge finding Wednesday the complaint fails to identify any actionable misstatements or omissions, or plausibly plead scienter.

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Federal Circuit Remands Based On Inadequate Explanation

JD Supra Law

Palo Alto Networks (PAN) filed a petition for inter partes review of Centripetal Networks patentU.S. Patent No. 10,530,903which is directed to a computing system for correlating packets in communication networks with a network device and multiple hosts.

Patent 65
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Judge Finds No Infringement In Alcon's Eye Drop Patent Suit

IP Law 360

Alcon Inc. has failed to persuade a Delaware federal court to block the release of a generic glaucoma treatment that would compete with a brand of eye drops the company sells.

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IP Stakeholders Cheer Withdrawal of EU SEP Proposal

IP Watchdog

The European Commission yesterday announced that it is withdrawing a controversial proposal for regulating standard essential patents (SEPs). The Commission officially announced the proposal in April 2023, although it was leaked well before that. The draft rules were purportedly meant to repair a system that has suffered from a lack of transparency, predictability, and lengthy disputes and litigation.

IP 64
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Western Digital Told To Pay $553M Sooner Rather Than Later

IP Law 360

Hard drive manufacturer Western Digital now has less than seven days to put up over half a billion dollars to satisfy a patent judgment after a California federal judge said he "has concerns about potential corporate restructuring.

Patent 52
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De-Cluttering in the New Year! Pilot Project in Canada to Cancel Trademark Registrations for Non-Use

JD Supra Law

By Marie Lussier In January 2025, the Registrar of Trademarks launched a pilot project in which it sends notices to certain registrants asking them to show use of their registered mark, failing which their registration is to be cancelled.

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Copyright Office's Economist Report Chimes In On AI Debate

IP Law 360

A report released Wednesday by a group of economists convened by the U.S. Copyright Office explores the complicated and sometimes fraught economic considerations at the heart of the debate over copyright policy and artificial intelligence.

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Germany’s Green Party Chancellor Candidate Accused of Plagiarism

Plagiarism Today

Two weeks before an election, Robert Habeck, Germany's Green Party Chancellor candidate, has been accused of plagiarizing his dissertation. The post Germany’s Green Party Chancellor Candidate Accused of Plagiarism appeared first on Plagiarism Today.

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Ex-Schwab Employee Enjoined From Using Client Info

IP Law 360

A Texas federal judge on Wednesday barred a former Charles Schwab employee from using the brokerage firm's allegedly stolen client information, requiring him to return all records and submit any devices with relevant materials for forensic examination.

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EBA's preliminary opinion in G1/24: "the description and the figures can be referred to in the course of claim interpretation"

The IPKat

The Enlarged Board of Appeal (EBA) has issued its preliminary opinion in the closely watched referral G1/24 relating to the role of the description in claim interpretation. The preliminary opinion provides the EBA's initial view on the three referred questions ahead of oral proceedings scheduled for 28 March 2025. The EBA's thoughts on the three questions are very brief, and only Questions 1 and 2 are considered admissible.

Art 104
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ITC To Review If Voltage Infringes Shoals Solar Patents

IP Law 360

About a month after Shoals Technologies Group filed a patent infringement complaint against North Carolina solar provider Voltage LLC and a Chinese manufacturing company, the U.S. International Trade Commission voted Tuesday to investigate the entities' importation and sale of accused photovoltaic trunk bus cable assemblies and their components.

Patent 52
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Reversal in Thomson Reuters Case May Bode Well Copyright Owners Against AI

The Illusion of More

It has already caught the attention of most copyright watchers that Judge Bibas of the District Court for the District of Delaware (3rd Circuit) reversed his own 2023 summary judgment ruling in the copyright AI case Thomson Reuters v. Ross Intelligence. Thompson, which owns the legal research database Westlaw, sued Ross for copyright infringement after […] The post Reversal in Thomson Reuters Case May Bode Well Copyright Owners Against AI appeared first on The Illusion of More.

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Improving Comms Between Trial Attys And Tech Witnesses

IP Law 360

In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

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Labor Day Special: Nailing the arm and hammer trademark (Archive post)

Likelihood of Confusion

Originally posted 2017-09-01 12:11:06. Republished by Blog Post Promoter[stextbox id=’info’]This hard-working post was first published on the eve of Labor Day in 2014. Yet it remains as fresh as your refrigerator thanks to that box of baking soda! You do know to open the box, right? Of course you know. And remember, when it’s time […] The post Labor Day Special: Nailing the arm and hammer trademark (Archive post) appeared first on LIKELIHOOD OF CONFUSION.

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Albertsons To Face Reduced Claims Over Tech Theft

IP Law 360

A Washington federal judge has cleared software company Replenium Inc. to pursue trade secret and promissory estoppel claims against Albertsons, finding it plausibly alleged the grocer misused confidential information from their software partnership to build a competing auto-replenishment platform.

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The First U.S. AI Copyright “Fair Use” Ruling Favors Copyright Owners

JD Supra Law

Yesterday, in the first U.S. ruling on the closely scrutinized question of fair use in the AI-related copyright litigation context, U.S. Circuit Judge Stephanos Bilbas, sitting in the U.S. District Court for the District of Delaware by designation from the Third Circuit, held that U.S. copyright law did not permit Thomson Reuterss now-defunct former competitor, Ross Intelligence, to copy Thomson Reuterss content to build a competing artificial intelligence-based platform.

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Navigating Title IX Compliance In The NIL Era

IP Law 360

As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.

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Release of US Copyright Office Report on Copyrightability of Artificial Intelligence Generated Content: Relevance to Design Professional Practice

JD Supra Law

On January 29, 2025, the United States Copyright Office (USCO) released Copyright and Artificial Intelligence Part 2: Copyrightability, its second report on artificial intelligence (AI) and copyright regarding copyrightability of AI-generated content (the Report). The Report states that determining copyrightability for a work created using AI [requires] fact-specific consideration of the work and the circumstances of its creation since various forms and combinations of human contributions.

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Collecting Rare Books Makes Me A Better Lawyer

IP Law 360

My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

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Revised Fair Use Ruling Finds No Transformative Use in Developing AI Search Tool

IP Watchdog

Yesterday, Circuit Judge Stephanos Bibas, sitting by designation in the District of Delaware, issued a ruling updating a previous summary judgment decision dismissing copyright infringement allegations made by Westlaw legal research service provider Thomson Reuters against a competing artificial intelligence (AI) search tool developed by Ross Intelligence.

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Fried Frank Faces Sanctions Bid Over RICO Suit

IP Law 360

Fried Frank Harris Shriver & Jacobson LLP and its client, Tristar Products Inc., are facing a sanctions bid for bringing a RICO lawsuit against Telebrands Corp., with the defendant saying the complaint makes the company and its attorney seem like "alleged criminal masterminds.

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Clarification of New Fees Applicable to Reexaminations and Reissues

JD Supra Law

Takeaways - - Requestor submissions in reexamination proceedings are exempt from triggering IDS size fees. - Correcting filing benefit claims in reissue triggers the new continuing application fee. As we noted in our November article, the USPTOs newly implemented (January 20, 2025) information disclosure statement fee applies to both reissue applications and reexamination proceedings.

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Federal Circuit Tightens Expert Testimony Standards in Trudell, Previewing Potential Approach to EcoFactor

Patently-O

The Federal Circuit's recent decision in Trudell Med. Int'l Inc. v. D R Burton Healthcare, LLC , 23-1777 (Fed. Cir. Feb. 7, 2025), follows a framework for excluding expert testimony that either (1) violates discovery obligations or (2) contradicts claim construction. The appellate court rejected a jury verdict of non-infringement after finding the district court abused its discretion by admitting expert testimony that both failed to comply with Fed.

Patent 59
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Federal Circuit Clarifies That “Quantitatively Small” Investments Can Establish Significant and Substantial Investment in Domestic Industry

JD Supra Law

On Friday, Feb. 7, 2025, the Federal Circuit issued a precedential opinion in Wuhan Healthgen Biotech. Corp. v. U.S. Intl Trade Commn, No. 23-1389, 2025 WL 420819 (Fed. Cir. 2025). The three-judge panel, consisting of Chief Judge Moore, Judge Chen, and District Judge John F. Murphy of the Eastern District of Pennsylvania sitting by designation, affirmed the Commissions opinion as to infringement and whether domestic industry had been satisfied.

Designs 65
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The Competition Between Temu and Shein Moves Into a Courtroom–Whaleco v. Shein

Technology & Marketing Law Blog

As you know, DMCA takedown notices and 512(f) can be, and regularly are, used as anti-competition tools. This time, the pugilists are fast-fashion marketplaces Shein and Temu. I imagine some of you want both of them to lose. Given that they are litigating 512(f), your wish was partially granted. Temu entered the US market in September 2022. It says it quickly attracted 170 DMCA notices a day, 63% from Shein–a total of 33k notices by the end of 2023.