JD Supra Law
NOVEMBER 3, 2023
Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale copyright infringement—a potential threat to the commercial viability of these models. On October 30, in Andersen v. Stability AI Ltd. et al.
TorrentFreak
NOVEMBER 3, 2023
The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. It’s a powerful tool that takes millions of URLs and links offline every day. In most cases, this happens for a good reason, but some takedown efforts are more questionable. Fraudsters occasionally use false DMCA notices to target competitors.
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The IP Law Blog
NOVEMBER 3, 2023
A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
Copyright Lately
NOVEMBER 3, 2023
In a first-of-its-kind ruling, the Ninth Circuit Court of Appeals has revived choreographer Kyle Hanagami’s copyright lawsuit against Fortnite’s Epic Games. Choreography is like the Rodney Dangerfield of copyright law. It wasn’t until 1952 that modern dance pioneer Hanya Holm was able to secure the first ever copyright registration for her choreography of the Broadway musical Kiss Me Kate.
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?
IP and Legal Filings
NOVEMBER 3, 2023
INTRODUCTION A criminal case is an extremely serious affair where one has to jump through tons of hurdles and intricacies of the Indian legal system. A lot of times petty offences whose punishment would not be more than 1 year would stretch years and years in the courts. Much more serious offences are separately dealt in the courts and the first step in registering a new criminal case with the authorities is through a First Information Report (Hereinafter referred to as FIR).
JD Supra Law
NOVEMBER 3, 2023
On October 30, 2023, recognizing that Artificial Intelligence (AI) holds both extraordinary promise for its commercial applications and advancements and treachery and harm caused by its misuse, the White House issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
NOVEMBER 3, 2023
Given its growing role as the “pharmacy to the world,” FDA Commissioner Robert Califf, M.D., recently took a trip to India and offered some of his (and FDA's) views upon his return. During his visit, Commissioner Califf met with representatives from the Indian government and pharmaceutical companies in order to express FDA's position on the importance of manufacturing quality and data integrity.
IP Law 360
NOVEMBER 3, 2023
The Seventh Circuit should uphold a decision that nixed a health care software company's $3 million tax deduction for developing software in the U.S., the federal government argued, saying the company tried to deduct service fees, not online software access that qualified for a deduction.
JD Supra Law
NOVEMBER 3, 2023
President Biden issued an Executive Order on October 30, 2023 designed to place the United States at the forefront of law and regulation of Artificial Intelligence (AI). The Executive Order on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” creates binding disclosure requirements for companies that are either developing certain large language AI models or acquiring or possess sufficient computing power to run such AI implementations (as described below).
The IPKat
NOVEMBER 3, 2023
If the spooky season kept you distracted from the latest IP news, here is what you might have missed. Image via Pixels Copyright Katfriend, Matt Blaszczyk shared an article on copyright protection of “authorless” works. Anastasiia Kyrylenko informed readers that the CJEU has received the first request for preliminary ruling concerning the interpretation of the DSM Directive in a Belgian case on remuneration of authors and performers.
Advertiser: IPO
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.
JD Supra Law
NOVEMBER 3, 2023
Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy morning coffee, and listen to the Daily Compliance News. All from the Compliance Podcast Network. Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.
Patently-O
NOVEMBER 3, 2023
by Dennis Crouch In re PersonalWeb Techs , — F.4th — (Fed. Cir. Nov 3, 2023) A few years ago, I published an article along with Homayoon Rafatijo explaining our perspective of how the Federal Circuit has improperly extended the Kessler doctrine in cases like PersonalWeb Tech. Law school classes teach two types of preclusion: res judicata and collateral estoppel.
JD Supra Law
NOVEMBER 3, 2023
A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing.
IP Watchdog
NOVEMBER 3, 2023
It was another slow week for patent filings at the Patent Trial and Appeal Board (PTAB) and a typical week in district courts, with 52 district court complaints filed and 22 new PTAB petitions. There was a new discretionary denial, a bunch of litigation-provoked high-profile PTAB challenges, and some notable new litigations. There was another Fintiv discretionary denial this week: here, a Chinese patent owner, Ningde Amperex Technology Ltd., benefited from the Board’s discretionary denial rules
JD Supra Law
NOVEMBER 3, 2023
We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance- • How the IIJA and IRA will Impact Federal Contractors in 2023 and Beyond- • Everything You Thought You Knew About CDA Jurisdiction Just Changed – And For the Better-.
IP Watchdog
NOVEMBER 3, 2023
Arnold & Porter, an international law firm, is seeking a Life Sciences Patent Law Clerk or Patent Agent for the Intellectual Property practice group in the Washington DC office. This is a full-time, permanent position. The Patent Law Clerk/ Patent Agent will be directly supervised by an attorney and get individualized patent law training. Ideal candidates will have a minimum of one year of patent law clerk/technical specialist/patent agent experience.
JD Supra Law
NOVEMBER 3, 2023
Court Largely Grants Defendants’ Motion To Dismiss in AI Training Data Case - On Monday, a district court largely granted the defendants’ motions to dismiss in Andersen et al. v. Stability AI et al., one of a series of putative class action cases that content creators have recently filed alleging that their content was used without permission to train artificial intelligence (AI) models.
The TTABlog
NOVEMBER 3, 2023
In this opposition proceeding concerning likelihood of confusion and dilution of the mark INSTAGRAM , the Board granted Instagram's motion for leave to take the discovery depositions of two Australia-based officers of Instagoods by oral examination via videoconference. Instagoods refused to consent to the request, but the Board found that Instagram established "good cause" under Rule 2.120(c)(1).
JD Supra Law
NOVEMBER 3, 2023
Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA), 43 biosimilars have been approved, 37 of which have launched. Notably, since our last update, Genentech and Biogen reached a settlement in litigation relating to Biogen’s biosimilar to Actemra.
LexBlog IP
NOVEMBER 3, 2023
A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
JD Supra Law
NOVEMBER 3, 2023
It is hard to go more than one or two days without reading a headline in the news or on social media about Elon Musk’s Tesla. Perhaps as a sign of what is to come as the push to carbon-free vehicles continues, the EV automaker is also becoming more prevalent in the patent litigation dockets across the country. In addition to its ongoing battle with Autonomous Devices, LLC in the District of Delaware (Autonomous Devices LLC v.
IP Law 360
NOVEMBER 3, 2023
Bracewell LLP has announced that a judge from the Patent Trial and Appeal Board is now with its intellectual property group as a partner in Austin, Texas, while Proskauer Rose LLP has hired a first-chair trial lawyer from Cooley LLP as a partner in its IP team in its growing New York office. Here are the details on these and other notable intellectual property hires.
JD Supra Law
NOVEMBER 3, 2023
Precedential and Key Federal Circuit Opinions - CYNTEC COMPANY, LTD. v. CHILISIN ELECTRONICS CORP., CHILISIN AMERICA LTD. [OPINION] (2022-1873, 10/16/23) (Moore, Stoll, Cunningham) - Stoll, J. The Court reversed the district court’s grant of JMOL of nonobviousness and remanded for further proceedings. The jury was presented with evidence that would have allowed it to reasonably find the asserted claims obvious in view of the prior art.
Likelihood of Confusion
NOVEMBER 3, 2023
Here’s the story about how Indiana University stopped Indoctrinate U. — a documentary that is critical of political correctness on American college campuses — in its tracks a few weeks. The post IOU’s for IU appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
NOVEMBER 3, 2023
President Joseph Biden issued an executive order (Order) on October 30 addressing the challenges and opportunities posed by artificial intelligence (AI). The Order’s scope is extensive and includes new standards for AI safety, security, and innovation in a number of industries, including, but not limited to, technology, immigration, privacy, intellectual property, healthcare, and the workplace.
LexBlog IP
NOVEMBER 3, 2023
A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
JD Supra Law
NOVEMBER 3, 2023
On May 2, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in HIP, Inc. v. Hormel Foods Corp. that reversed a district court’s decision to grant plaintiff’s request to have their employee listed as an inventor, finding that HIP employee David Howard’s alleged contribution to U.S. Patent No. 9,980,498 was “insignificant in quality” when “measured against the dimension of the full invention.”.
LexBlog IP
NOVEMBER 3, 2023
Trader Joe’s Co. (“Trader Joe’s”), the popular grocery store chain, recently filed suit against crypto trading platform Trader Joe (“Trader Joe”) and its developers for allegedly violating its rights in the TRADER JOE’S trademark. Trader Joe’s owns numerous federal trademark registrations for the TRADER JOE’S mark in connection with various food and beverage goods as well as retail grocery services.
JD Supra Law
NOVEMBER 3, 2023
How many times a day on average do you think you sign something? Do you sign your full name, your initials, a version of your name, an “X” or some other identifier? Do you “wet sign” with a pen? Do you use an “s” signature, e.g. /John Doe/? Do you use a software program to generate your signature? By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
Olartemoure Blog
NOVEMBER 3, 2023
The use of Dark patterns has become increasingly popular in recent years. For this reason, the Spanish Data Protection Agency recently imposed the first fine for the use of techniques that influence consumer decisions, leading users to make unwanted and potentially harmful choices in relation to the processing of their personal data. The 12,000-euro sanction was imposed on a company that owns a website for incurring different dark pattern techniques such as: overloading, where the user is faced
JD Supra Law
NOVEMBER 3, 2023
In this episode of “Lawyers With Game,” host Darius Gambino from Saul Ewing’s Video Gaming & Esports Practice chats with Chris Perna, Digital Artist and former Art Director at Epic Games. Chris explains how his lifelong love of horror led to a career in the video gaming industry, which included work on classic video games such as Gears of War, Infinity Blade and Fortnite.
Olartemoure Blog
NOVEMBER 3, 2023
On 20 October 2023, COLJUEGOS issued Resolution No. 20231000019054 “By which the activities of advertising, sponsorship, promotion or any other form of commercial communication of games of chance in the new modality of games operated by the internet are regulated” This resolution established, among others, the following guidelines directed to authorized operators of games of chance in the modality of games operated by the Internet: i) the advertising of the authorized operators and g
JD Supra Law
NOVEMBER 3, 2023
When Taco Bell announced its intention to eliminate all exclusive trademark rights in the phrase TACO TUESDAY, it invoked the Declaration of Independence, claiming that any restriction on the right to use it “violates an American ideal: ‘the pursuit of happiness.’”.
Olartemoure Blog
NOVEMBER 3, 2023
On October 25, INVIMA issued Circular DG-1000-0012-2023, which replaces Circular DG1000-040-2018 on risk management of potential shortages of medicinal products. The circular specifies certain cases in which preventive measures must be taken to avoid shortages, including the prioritization of certain regulatory procedures. These are: Marketing authorization for products included in the official list of vital and unavailable medicines.
JD Supra Law
NOVEMBER 3, 2023
It was a tough day for opposing patent damages experts in Ecolab Inc. v. Dubois Chemicals, Inc., as Judge Andrews of the District of Delaware granted Daubert motions directed to both experts' reasonable royalty opinions. The patentee's expert had all of her patent damages opinions excluded because her royalty base included sales tied to noninfringing uses.
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