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I have not added a copyright post here since March 19, when the DC Circuit Court of Appeals affirmed in Thaler v. Perlmutter that works produced autonomously by generative AI (GAI) are not protected under U.S. copyright law. Although it is good to see the human authorship doctrine in copyright left undisturbed, it is a […] The post Copyright and AI in a World of Whiplash Public Policy appeared first on The Illusion of More.
Patent holders must start Unified Patent Court (UPC) proceedings on the merits within a certain period if they do not want to risk the revocation of provisional measures. The UPC has now clarified that filing the statement of claim in the case management system (CMS) is sufficient to meet this deadline. Court fees do not have to have been received by the court provided that the payment has been initiated.
The parties’ names make this case sound more like a Hollywood blockbuster movie than a SAD Scheme-like case. This suit isn’t a classic SAD Scheme case because the plaintiffs went after the marketplace, not the merchants. This case involves the Pandabuy service , an online shopping platform that allows consumers to purchase goods from third-party Chinese e-commerce platforms based in China which do not ship directly to the United States.
Increases in Counterfeit Beauty and Personal Care Products - The rise of e-commerce has led to increasing sales of counterfeit or noncompliant beauty and personal care products, including many that are knockoffs of established brands. U.S. Customs and Border Protection (CBP) estimates that in FY 2023, 31% of intercepted counterfeit goods were beauty and personal care products.
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?
by Dennis Crouch Google has skipped its chance to respond to Cellspin'spetition for writ of certiorari in a case raising questions about judicial recusal standards. In Cellspin Soft v. Fitbit , the petitioner asks the Supreme Court to address when federal judges must recuse themselves under 28 U.S.C. 455 and whether appellate courts must determine recusal issues before reaching the merits of a case.The petition stems from patent infringement litigation initiated by Cellspin against several tech
The U.S. Supreme Courts unanimous ruling in Dewberry Group v. Dewberry Engineers Inc. (23-900 (604 U.S. __ (2025)), provides important guidance on corporate separateness, trademark enforcement and the scope of damages under the Lanham Act. Written by Justice Kagan and joined by all members of the Court, the decision vacates a nearly $47 million damages award and remands for further proceedings, making it clear that profits of corporate affiliates cannot automatically be swept into a.
A Florida federal judge held Friday that it's too early to rule in favor of a patent licensing company executive accusing a Baker Botts LLP attorney of defamation, ruling that there are still "material facts in dispute.
A Florida federal judge held Friday that it's too early to rule in favor of a patent licensing company executive accusing a Baker Botts LLP attorney of defamation, ruling that there are still "material facts in dispute.
The Federal Circuit has overturned the U.S. International Trade Commissions longstanding interpretation of section 337(a)(3)(B). Complainant Lashify, Inc. appealed an adverse decision by the U.S. International Trade Commission (Commission) which found that Lashify failed to satisfy the economic prong of the domestic industry requirement with respect to three asserted patents.
Two companies from China and one from Malaysia filed a lawsuit Friday in Texas federal court seeking an order that an anti-choking device patent is invalid, after the patent's owner allegedly told Amazon the foreign businesses' product listings on the website infringed his patent.
Kroy IP Holdings, LLC sued Groupon, Inc., alleging infringement of 13 claims of U.S. Patent No. 6,061,660 (660 patent), which relates to incentive programs over computer networks. Those claims were invalidated via successful IPR petitions. After the deadline for filing IPR petitions had passed, Kroy amended its complaint and alleged infringement of another 14 claims that were immaterially different [from the 13 invalidated claims] for [the] purposes of invalidity..
A U.S. International Trade Commission judge has ruled that three companies violated trade law by importing computer cooling mechanisms that infringe Cooler Master Co. Ltd. patents, citing a recent Federal Circuit ruling to find that the Taiwan-based patent owner has a U.S. domestic industry.
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.
In re: Forest, No. 2023-1178 (Fed. Cir. (PTAB) Apr. 3, 2025). Opinion by Chen, joined by Taranto and Schall. In 2016, an inventor filed a patent application that claimed priority to an application filed in 1995. The Patent Trial and Appeal Board affirmed in part an Examiners rejection of certain claims for obviousness and nonstatutory double patenting, and the inventor appealed.
T-Mobile on Friday persuaded jurors in the Eastern District of Texas to reject an infringement case from a patent licensing company that had landed a nine-figure verdict against a different telecom company in another patent case that later settled amid a retrial.
Wyoming, with the introduction of Wyo. Stat. 1-23-108, banned most non-compete agreements for contracts signed on or after July 1, 2025, but with several meaningful exceptions.
A California federal judge has ruled that an entity backed by cryptocurrency Tether can't escape a trade secrets suit from crypto trading firm Swan Bitcoin, which claims the entity reneged on a commitment to provide financing for a bitcoin mining deal and induced Swan employees to quit and steal the firm's proprietary information.
In a formulation claim, if elements are listed separately, does this necessarily entail that those elements are separate and distinct components? This was the question before the district court in Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc. et al. and up for appeal at the Federal Circuit.
On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative. The launch has been fraught with difficulties, creating delays, errors and unresponsiveness.
The Ninth Circuit on Friday revived AirDoctor's request for $2.5 million in damages after scoring default judgment against a competitor in a trademark infringement and unfair competition case over replacement air filters, noting the plaintiff isn't barred from actual damages just because it didn't seek a specific amount in its complaint.
Is 'The Pit' a spinoff, sequel, or something else entirely? Scott Hervey and Tara Sattler break down the lawsuit over 'ER' and whether 'The Pit' crosses the legal line into derivative territory on this episode of The Briefing.
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.
Is 'The Pitt' a spinoff, sequel, or something else entirely? Scott Hervey and Tara Sattler break down the lawsuit over 'ER' and whether 'The Pit' crosses the legal line into derivative territory on this episode of The Briefing.
The NBA's licensing arm filed a copyright infringement suit Friday in Illinois federal court against a cadre of foreign e-commerce operators for allegedly selling counterfeit merchandise, saying the fake products are diluting its brand, harming its reputation and diverting money from its coffers.
The Patent Trial and Appeal Board (PTAB) recently designated its decision in Cambridge v. Sfara (IPR2024-00952) as an informative decision.[1] This designation addresses an important issue in inter partes review (IPR) proceedings: inconsistent claim construction arguments between district court litigation and PTAB petitions. By: Rothwell, Figg, Ernst & Manbeck, P.C.
A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.
EUs Highest Court Rules on Automated Decision-Making - The Court of Justice of the EU (CJEU) recently issued a significant ruling regarding the scope of data subjects right of access under the GDPR in relation to automated decision-making, including profiling. The CJEU clarified that individuals must receive meaningful information about the logic involved in automated decision-making processes, balancing transparency with the protection of other fundamental rights and commercial.
AbbVie has settled a dispute accusing Sandoz of infringing multiple patents with its proposed generic versions of AbbVie's blockbuster immunosuppressant drug Rinvoq, according to a stipulation filed Friday in Delaware federal court.
The long-running claim about infringement of Driscoll's strawberry plant patents seems to have come to an end. Last month's judgment from the US District Court for the Eastern D. California was unsealed on Monday, finding that Driscoll's failed to provide enough evidence to continue their case against California Berry Cultivars, LLC. Background Photo by Valeria Boltneva The broader dispute originated when prominent researcher Douglas Shaw left the University of California (UC Davis) to form his
Kidney-focused biotech Aurinia Pharmaceuticals Inc. on Friday launched a lawsuit in New Jersey federal court claiming that Lotus Pharmaceutical Co. Ltd.'s bid to sell a generic form of Aurinia's lupus nephritis treatment Lupkynis infringes a pair of patents.
This week in Other Barks & Bites: Google declines an opportunity to respond to Cellspin Softs allegations that a U.S. district judges financial ties to the Internet services giant should have necessitated the judges recusal; the U.S. Chamber of Commerce issues a report on the impact of IP on the U.S. economy showing that Texas leads all states in terms of intellectual property exports; and more.
Samsung is facing a patent infringement lawsuit in Texas from an Israeli startup that says it negotiated with the smartphone maker almost a decade ago to discuss improving the image quality of cellphone photos using "proprietary image improvement algorithms.
This Federal Circuit Opinion analyzes statutory estoppel under 35 U.S.C. 315(e)(1) and examines offensive and defensive arguments related to 103 obviousness. Gesture Technology Partners, LLC is the owner of U.S. Patent No. 7,933,431 (the 431 patent), which generally claims a method for controlling a device based on a users gestures.
In this week's Off The Bench, the big NCAA name, image and likeness settlement still needs more work, a long-awaited settlement between U.S. Soccer and a prominent sports promotion company is completed, and a resolution of the conflict between Northwestern University and its football players is a step closer.
In a reversal of fortune, yesterday (9 April) the UK Court of Appeal awarded AstraZeneca (AZ) an interim injunction keeping Glenmarks dapagliflozin (dapa) off the UK market until the form of order hearing in the parallel validity action. Dapa is a generic of AZs blockbuster Forxiga for the treatment of type II diabetes. The interim injunction could remain in place until June, or for a longer (or shorter) period of time depending on the timing of the validity action.
A Washington state-based immigration firm and a Texas rival have agreed to settle a trade secrets battle between them, telling a Houston federal court they've agreed to drop all the allegations in the case.
Image from here Namaskar, I recently read How GN Devy Challenges Our Concept of Knowledge by Martand Kaushik. If you have not heard of him, G. N. Devy is an Indian cultural activist, literary critic, and former professor of English. He is the author of a long list of books and papers, and has been anointed with several awards, including the Sahitya Akademi award, a SAARC Literary Award, the Prince Claus award, the international Linguapax prize, and the Padma Shri.
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