Mon.Apr 07, 2025

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Roblox Faces Potentially Unlimited Copyright Liability—Robinson v. Binello

Technology & Marketing Law Blog

This case involves the Maple Leaf Rag song, composed by Scott Joplin. Even if you aren’t a ragtime aficionado, you may have heard this tune. Joplin’s song is in the public domain now. The plaintiff Robinson made a recording of it ( here is one such version ) that is copyrighted. The defendant Binello made a popular Roblox game called MeepCity allegedly visited 1B times: The game included a feature that allowed users to gather and talk with each other in a pizzeria, which included a p

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EU AI Office Publishes Third Draft of EU AI Act-Related General-Purpose AI Code of Practice: Key Copyright Issues

JD Supra Law

This LawFlash summarizes key EU copyright aspects of the European AI Offices third draft of its General-Purpose AI Code of Practice developed in connection with the EU AI Act. The Code of Practice sets out commitments and measures for providers of general-purpose AI models (GPAI models) (whether involving systemic risks or not) that are subject to the AI Act.

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One copyright to rule them all?

The IPKat

All intellectual property rights have a limited territorial scope. This can make it difficult to determine if an IP right is infringed, particularly when the contested use takes place online. The German Supreme Court recently dealt with the question of the commercial effect of two websites which were primarily directed at Kazakhstan and Ukraine. Background The plaintiff produces clothing and owns the copyright to photographs of such clothing.

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James Somerton Re-Emerges, Plagiarizes Again, Disappears

Plagiarism Today

James Somerton was accused of plagiarism in December 2023. He re-emerged as a wedding photographer, using stock images as his work. The post James Somerton Re-Emerges, Plagiarizes Again, Disappears appeared first on Plagiarism Today.

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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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DAZN Pirate IPTV Action Coincided With Massive Public DNS Blockade

TorrentFreak

Like many similar reports published most weeks by newspapers in Europe, an article published by Belgian media outlet L’Echo late Saturday evening pulled few punches. The publication explained that after football broadcasters DAZN and 12th Player obtained authority from a local court for a new type of enforcement action, on Saturday Belgian ISPs blocked around 100 illegal streaming sites and five pirate IPTV providers.

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3 Count: Zipper Merge

Plagiarism Today

AI cases merged into one, French court orders dynamic site blocking from Cloudflare and Lady Gaga's latest album sparks copyrigth lawsuit. The post 3 Count: Zipper Merge appeared first on Plagiarism Today.

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PATENTING MEDICAL PROCEDURES: A GLOBAL DILEMMA

Intepat

INTRODUCTION Patent legislation offers legal safeguarding for novel inventions once they have been patented by their creators. A patent , essentially a temporary monopoly, is bestowed upon the owner in exchange for disclosing the invention to the public. This system benefits both society and the inventor. The inventor gains the advantage of excluding others from utilizing the invention for a period of 20 years, while the public benefits from the eventual accessibility of the invention once the p

Patent 52
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The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards

Michael Geist

As the 2025 federal election passes the midway point, it is increasingly apparent that the federal political parties are not only battling for votes, but also for data. Canadians may not see it but political parties are data machines anxious to collect and use as much data about potential supporters as possible. Sara Bannerman is the Canada Research Chair in Communications Policy and Governance at McMaster University.

Privacy 60
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[Sponsored] Call for Applications: Advanced International Certificate Course on IP Asset Management (April 20)

SpicyIP

WIPO Academy, the Korean Intellectual Property Office (KIPO), the Korea Invention Promotion Association (KIPA), and the Korea Advanced Institute of Science and Technology (KAIST) are inviting applications for the annual Advanced International Certificate Course (AICC) on Intellectual Property Asset Management for Business Success. The course is fully sponsored for selected candidates and the last date to apply for the Course is April 20 (~11:59 p.m.

IP 58
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Recor Medical, Inc. v. Medtronic Ireland Mfg. (Fed. Cir. 2025)

JD Supra Law

Theinter partesreview provisions of the Leahy-Smith America Invents Act have been criticized for the propensity of the Patent Trial and Appeal Board (PTAB) to find invalid all or at least some of the challenged claims, frequently on obviousness grounds.Failure to so find, in addition to being less common has also often upheld on appeal, in view of the substantial evidence standard.

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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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Putt this in your pipe and smoke it

Likelihood of Confusion

Originally posted 2013-04-24 14:31:12. Republished by Blog Post PromoterPutt-putt — miniature golf, right? Yes, but, PUTT-PUTT — registeredtrademark for miniature golf services! Steve Baird explains: So, I learned two things this weekend, Adam Scott is the first Australian to win the Masters, and putt-putt golf is abrandof miniature golf, not agenericdesignationfor a type or category […] The post Putt this in your pipe and smoke it appeared first on LIKELIHOOD OF CONFUSION.

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Can Judge Hughes Course Correct the CAFC on Prosecution Laches?

IP Watchdog

Last month, the United States Court of Appeals for the Federal Circuit held oral argument in Hyatt v. Stewart, which should be on everyones radar. Squarely presented in this case is the question of whether prosecution laches is a legitimate doctrine that can render any patent unenforceable if it takes longer than six years to obtain the patent from the United States Patent and Trademark Office (USPTO).

Patent 52
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The Evolving IP Business Landscape – What Experts are Saying about the U.S., EU and Asia

IP Close Up

An all-star panel of international business and IP observers will be featured on the 2025 IP Awareness Summit program being held at Dolby Labs in Continue reading

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Bakery Oil Trial Begins With Split Over Formulas' Secrecy

IP Law 360

Pittsburgh commercial bakery supplier Mallet & Co. told a federal jury Monday that a partner-turned-rival enticed former employees to help it start a competing business, Synova, in the field of release agents, or the oils and lubricants that keep baked goods from sticking to their pans.

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Federal Circuit on Trade Secret Remedies in AMS-OSRAM v. Renesas

Patently-O

by Dennis Crouch The Federal Circuit issued a significant trade secret remedies decision AMS-OSRAM USA Inc. v. Renesas Electronics America, Inc. , Nos. 2022-2185, 2022-2186 (Fed. Cir. Apr. 4, 2025). The court made a number of holdings (applying Texas trade secrecy law), most notably: A trade secret becomes "properly accessible" when it could have been reverse-engineered rather than when it actually was reverse-engineered - limiting the appropriate "head-start period" for calculating damages; and

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AI Reporter - April 2025

JD Supra Law

There were several notable developments in March in the AI copyright lawsuits previously reported here. Google, OpenAI, and Anthropic scored partial dismissals in their respective cases. These results show that the relationship between AI technology and copyright law remains complex.

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Ruling Adds To Risk Of Patent Format Tied To Improvements

IP Law 360

A Federal Circuit decision from last month has created pitfalls for entities using a type of patent claim that describes an improvement on previous technology, making the so-called Jepson format, which is already uncommon, even less appealing for applicants, attorneys said.

Patent 52
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Charting a Course on AI Policy: the U.S. Copyright Office Speaks!

JD Supra Law

Recently, the U.S. Copyright Office published the second of an intended three-part report entitled Copyright and Artificial Intelligence..

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NCAA's $2.8B NIL Deal Sent Back For 'Fixes' Amid Objections

IP Law 360

A California federal judge declined Monday to immediately approve the National Collegiate Athletic Association's $2.78 billion name, image and likeness deal, giving counsel a week to propose "fixes" that address objections raised by some athletes, including ex-Seattle Seahawks linebacker Benjamin Burr-Kirven and gymnast and social media influencer Olivia Dunne.

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[Podcast] The Changing Landscape: Admissibility of Experts in Patent Cases

JD Supra Law

Experts play a crucial role in patent cases. Experts opine on claim construction, infringement, invalidity and the proper amount of damages. And the exclusion of an expert witness can significantly impact the outcome of a case. But the standard for excluding experts in patent cases appears to be in flux.

Patent 63
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VLSI Argues Fintiv Memo Withdrawal Enhances PTAB Appeal

IP Law 360

The U.S. Patent and Trademark Office's recent decision to withdraw guidance on its discretionary denial policy means the Federal Circuit should revive a VLSI Technology chip patent reviewed explicitly based on that policy, the patent owner said Friday.

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Strategies for Safeguarding AI Innovation: Navigating the Complex IP Landscape for AI Technologies

JD Supra Law

The protection of intellectual property (IP) is vital in the fiercely competitive artificial intelligence (AI) industry, necessitating a deep understanding of how the complex IP framework can be effectively leveraged to safeguard technological innovations in this rapidly evolving sector.

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USAA Wants Full Fed. Circ. To Hear PNC's Patent Board Wins

IP Law 360

A San Antonio-based bank that lost two of its patents covering technology used to deposit checks through smartphones including one tied to a $218 million jury verdict against PNC Bank is arguing that a Federal Circuit panel has allowed the patent board "to escape its obligation to explain itself.

Patent 52
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EPRx 201: The Risks and Rewards of Ex Parte Reexamination

JD Supra Law

Ex parte reexamination (EPRx) comes with risks and rewards for both patent challengers and patent owners. Patent challengers enjoy a lower threshold for institution and avoid the estoppel risk of other post-grant proceedings but are often not allowed to participate in the EPRx beyond the initial request.

Patent 61
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Sept. Trial Dashes Apple's PTAB Hopes In Fight With Haptic

IP Law 360

An administrative patent board has rejected Apple's pair of patent challenges directed at "tap gesture" technology, with judges there swayed at least in part by comments from a California federal judge on a looming trial date in the litigation that is set for late September.

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Trademark question of the day

43(B)log

At a hotel recently, I was presented with this gem: "Staybill," a guide to hotel/local attractions. Does it matter that PLAYBILL is registered for, inter alia, "making hotel reservations for others"?

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X Tells Dallas Jury VidStream Can't Win $632M In Video IP Row

IP Law 360

X told a Dallas jury it worked hard to create video sharing systems that have "fundamental" differences to the technology VidStream claims the social platform pilfered in a near decade-long intellectual property lawsuit, asking the jury to deny VidStream's request for $632 million in damages

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[Video] What is the House v. NCAA settlement and how does this ruling affect college sports?

JD Supra Law

The final approval hearing of House v. NCAAwidely recognized as a landmark decision that will fundamentally alter the future of college athleticswas held today, April 7, 2025. The hearings main objective is to allow objectors to present their arguments and concerns before U.S. District Court Judge Claudia Wilken. Objectors have four primary concerns with the settlement: The proposed $28 billion back pay for past student-athletes is insufficient and should be calculated at a higher figure.

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A Higher Bar For Expert Witnesses In Drug Patent Litigation

IP Law 360

With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.

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TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?

The TTABlog

The TTAB affirmance rate for Section 2(d) appeals last year fell just under 90%. So far this year it's back to 90%. Here are three recent Board decisions, at least one of which reversed the refusal. How do you think they came out? [Answer in first comment]. In re Castro Diana Mariel , Serial No. 98059004 (April 2, 2025) [not precedential] (Opinion by Judge Michael B.

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Denver Builder Says Ex-Employee Stole Info For Competitor

IP Law 360

A full-service general building contractor has accused a former employee and an industry rival in Colorado state court of using stolen confidential business information to make a competitive bid for a 2025 "large scale" Colorado project that's anticipated to create more than $20 million in revenue.

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TikTok Sale Extended…Again

The Trichordist

Trump extends TikTok sale a second time…will there be a third?

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Jaguar Land Rover Inks Patent License Deal With Avanci

IP Law 360

Avanci and British automotive manufacturer Jaguar Land Rover have struck a deal over a pool of essential patents linked to 5G connected vehicles, the U.S. license operator announced Monday.

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Incyte Can't Get Pretrial Win In Novartis Royalty Fight

IP Law 360

A New York federal judge has disagreed with Incyte Corp.'s argument that its interpretation of a drug commercialization contract at the heart of a royalties dispute with NovartisPharma AG is the right one, ahead of a jury trial scheduled next month.

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Tesla Fails In Bid To Get 'Blade Runner' IP Suit Dismissed

IP Law 360

A California federal judge denied a request Monday by Elon Musk and Tesla to dismiss a lawsuit alleging they used an image that infringes the science fiction film "Blade Runner 2049" to promote an autonomous taxicab, keeping in place some claims and allowing plaintiff Alcon Entertainment LLC to amend others.

IP 52