Sir Elton John and Simon Cowell call for creative talent to be protected from AIThe UK's proposed copyright rule changes may jeopardize its creative sector's global standing by allowing AI firms to use creators' work without compensation.
Court filings show Meta staffers discussed using copyrighted content for AI training | TechCrunchMeta has been internally discussing the use of copyrighted works for AI training, raising legal and ethical concerns.
Other Barks & Bites for Friday, February 21: USPTO Commissioner for Trademarks is Leaving; FTC Seeks Public Comments on Tech Censorship; CAFC Affirms Descriptiveness Refusal Over Estoppel ArgumentsUSPTO leadership changes as Commissioner David Gooder steps down, with Dan Vavonese becoming Acting Commissioner.
Birkenstock Loses Copyright Battle in German Court RulingBirkenstock's sandals were not deemed copyrightable art by German court, complicating their battle against imitations.
Birkenstocks are not works of art, top German court rules in copyright caseBirkenstock sandals are not considered art and are thus not eligible for copyright protections in Germany.
The Briefing: Copyright Troll or Rightful Enforcer? 5th Circuit's Rules In Sports Doc Copyright CaseLegal battle over a motivational tweet raises pivotal questions about copyright and fair use in social media sharing.
Sir Elton John and Simon Cowell call for creative talent to be protected from AIThe UK's proposed copyright rule changes may jeopardize its creative sector's global standing by allowing AI firms to use creators' work without compensation.
Court filings show Meta staffers discussed using copyrighted content for AI training | TechCrunchMeta has been internally discussing the use of copyrighted works for AI training, raising legal and ethical concerns.
Other Barks & Bites for Friday, February 21: USPTO Commissioner for Trademarks is Leaving; FTC Seeks Public Comments on Tech Censorship; CAFC Affirms Descriptiveness Refusal Over Estoppel ArgumentsUSPTO leadership changes as Commissioner David Gooder steps down, with Dan Vavonese becoming Acting Commissioner.
Birkenstock Loses Copyright Battle in German Court RulingBirkenstock's sandals were not deemed copyrightable art by German court, complicating their battle against imitations.
Birkenstocks are not works of art, top German court rules in copyright caseBirkenstock sandals are not considered art and are thus not eligible for copyright protections in Germany.
The Briefing: Copyright Troll or Rightful Enforcer? 5th Circuit's Rules In Sports Doc Copyright CaseLegal battle over a motivational tweet raises pivotal questions about copyright and fair use in social media sharing.
How to Improve Patent Quality for Everyone-FastU.S. patent reliability is critical for funding new technologies, but constant invalidation erodes trust among investors and corporate leaders.
Who Gets To Call Themselves A 'Professional'? Law Professor Breaks Down The Licensing Scheme - Above the LawProfessional licensing regulations often create barriers that may not serve the public good effectively.
How to Improve Patent Quality for Everyone-FastU.S. patent reliability is critical for funding new technologies, but constant invalidation erodes trust among investors and corporate leaders.
Who Gets To Call Themselves A 'Professional'? Law Professor Breaks Down The Licensing Scheme - Above the LawProfessional licensing regulations often create barriers that may not serve the public good effectively.
The Pokemon Company reaches settlement with copycat developer. No, not that one. A different onePokémon Company secured a settlement against Chinese developers for IP infringement involving a mobile game that mimicked its franchise designs.
Thanks So Very Much To Our Advertisers - Above the LawDPRK IT workers pose a growing threat through evading sanctions and engaging in cyber activities that threaten US interests.
CIPU Report Shows IP Managers and Entrepreneurs Lack Sufficient IP Literacy EducationIntellectual property competence is crucial for business professionals to ensure effective communication and maximize the value of IP rights.
Can sandals be art? Birkenstock says yes, but a German court says noGermany's Federal Court ruled that Birkenstock sandals do not qualify as art and are simply comfortable footwear.
Birkenstock sandals aren't art, just footwear, German court says after copycat lawsuit | CBC NewsBirkenstocks are ruled as comfortable footwear, not art, reaffirming consumer protections over artistic claims.
XrossRoad Announces Strategic Partnership With Berachain To Expand Japanese IP In Web3 | HackerNoonAllora Network and Xross Road partnership aims to enhance the IP industry using AI technology and community engagement.
The Pokemon Company reaches settlement with copycat developer. No, not that one. A different onePokémon Company secured a settlement against Chinese developers for IP infringement involving a mobile game that mimicked its franchise designs.
Thanks So Very Much To Our Advertisers - Above the LawDPRK IT workers pose a growing threat through evading sanctions and engaging in cyber activities that threaten US interests.
CIPU Report Shows IP Managers and Entrepreneurs Lack Sufficient IP Literacy EducationIntellectual property competence is crucial for business professionals to ensure effective communication and maximize the value of IP rights.
Can sandals be art? Birkenstock says yes, but a German court says noGermany's Federal Court ruled that Birkenstock sandals do not qualify as art and are simply comfortable footwear.
Birkenstock sandals aren't art, just footwear, German court says after copycat lawsuit | CBC NewsBirkenstocks are ruled as comfortable footwear, not art, reaffirming consumer protections over artistic claims.
XrossRoad Announces Strategic Partnership With Berachain To Expand Japanese IP In Web3 | HackerNoonAllora Network and Xross Road partnership aims to enhance the IP industry using AI technology and community engagement.
The Briefing: Federal District Court Adopts Problematic "Vibe Copyright" Protection in Influencer FightCopyright law can protect certain vibes and aesthetics, impacting content creators and brands.
Discovery, Injury, and Diligence: Reconciling Subjective and Objective Copyright Limitations Standards Post-Warner ChappellThe Supreme Court may resolve a key issue regarding the statute of limitations for copyright infringement, potentially transforming copyright law.
Attorney Fees in Copyright Cases, Part IIVoluntary dismissal in copyright cases raises complex questions about 'prevailing party' status and attorney fees under the Copyright Act.
The Briefing: Federal District Court Adopts Problematic "Vibe Copyright" Protection in Influencer FightCopyright law can protect certain vibes and aesthetics, impacting content creators and brands.
Discovery, Injury, and Diligence: Reconciling Subjective and Objective Copyright Limitations Standards Post-Warner ChappellThe Supreme Court may resolve a key issue regarding the statute of limitations for copyright infringement, potentially transforming copyright law.
Attorney Fees in Copyright Cases, Part IIVoluntary dismissal in copyright cases raises complex questions about 'prevailing party' status and attorney fees under the Copyright Act.
Federal Circuit Clarifies 101 Patent Eligibility for Composition-of-Matter ClaimsFederal Circuit reversed ITC ruling, affirming patent eligibility of claims related to polycrystalline diamond compacts.This ruling provides important clarity for patent owners regarding patent eligibility challenges under Section 101.
The Doctrinal Merger No One Asked For: How Enablement Swallowed UtilityThe Full Scope Enablement Doctrine is transforming the evaluation of utility requirements in patent claims.
Patent Eligibility: The Call for Supreme Court Clarity and for an End to Summary AffirmancesThe Supreme Court may clarify patent eligibility under 35 U.S.C. § 101 following AED's challenge to the Federal Circuit's rulings.
Supreme Court Patent Challenges February 2025The Supreme Court's upcoming patent docket features key challenges that could reshape patent law, particularly concerning procedural practices and core substantive issues.
CAFC Affirms PTAB's Obviousness Finding Despite Erroneous Claim ConstructionThe CAFC upheld the PTAB's decision, finding an erroneous claim interpretation that did not affect the outcome of the patent invalidation.
When Properties Define Structure: Eligibility of Composition ClaimsThe Federal Circuit limited patent ineligibility under Section 101 by ruling that composition claims are not abstract.The court's decision was unanimous and recognized the patentability of polycrystalline diamond compacts.
Federal Circuit Clarifies 101 Patent Eligibility for Composition-of-Matter ClaimsFederal Circuit reversed ITC ruling, affirming patent eligibility of claims related to polycrystalline diamond compacts.This ruling provides important clarity for patent owners regarding patent eligibility challenges under Section 101.
The Doctrinal Merger No One Asked For: How Enablement Swallowed UtilityThe Full Scope Enablement Doctrine is transforming the evaluation of utility requirements in patent claims.
Patent Eligibility: The Call for Supreme Court Clarity and for an End to Summary AffirmancesThe Supreme Court may clarify patent eligibility under 35 U.S.C. § 101 following AED's challenge to the Federal Circuit's rulings.
Supreme Court Patent Challenges February 2025The Supreme Court's upcoming patent docket features key challenges that could reshape patent law, particularly concerning procedural practices and core substantive issues.
CAFC Affirms PTAB's Obviousness Finding Despite Erroneous Claim ConstructionThe CAFC upheld the PTAB's decision, finding an erroneous claim interpretation that did not affect the outcome of the patent invalidation.
When Properties Define Structure: Eligibility of Composition ClaimsThe Federal Circuit limited patent ineligibility under Section 101 by ruling that composition claims are not abstract.The court's decision was unanimous and recognized the patentability of polycrystalline diamond compacts.
Copyright and AI: the Cases and the ConsequencesThe legal battles over model training highlight the tension between copyright protection and fair use, impacting future automation and creativity.
ISP sued by record labels agrees to identify 100 users accused of piracyAltice will disclose names of subscribers accused of music piracy after court approval.Subscribers have 30 days to object before their information is released.
Save Your Claims: How to Beat the PTAB's 70% All Claims Invalidation RateUnderstanding the differences between district court and PTAB is crucial for effective patent litigation.
Mediation versus Arbitration 101: Pros, Cons and DifferencesAlternative dispute resolution (ADR) methods like mediation and arbitration provide efficient, less intimidating options compared to traditional litigation.
Copyright and AI: the Cases and the ConsequencesThe legal battles over model training highlight the tension between copyright protection and fair use, impacting future automation and creativity.
ISP sued by record labels agrees to identify 100 users accused of piracyAltice will disclose names of subscribers accused of music piracy after court approval.Subscribers have 30 days to object before their information is released.
Save Your Claims: How to Beat the PTAB's 70% All Claims Invalidation RateUnderstanding the differences between district court and PTAB is crucial for effective patent litigation.
Mediation versus Arbitration 101: Pros, Cons and DifferencesAlternative dispute resolution (ADR) methods like mediation and arbitration provide efficient, less intimidating options compared to traditional litigation.
Meta claims torrenting pirated books isn't illegal without proof of seedingMeta claims no proof of seeding pirated works during torrenting.The outcome of the case may clarify the legality of AI training on pirated datasets.
Hayley Paige Reclaims Her Name and Bridal BrandHayley Paige lost rights to her name and brand due to unfavorable contract terms with JLM Couture.
Reimagining Patent Examination: A (Half-Baked) Proposal for Pre-Filing CertificationThe Trump administration's reforms in 2025 pave the way for significant changes in the federal patent application process.
Standards, AI and the Data Transparency ImperativeData transparency and standards are crucial for AI and SEPs in telecommunications.Entrepreneurship involves a shift in focus from creation to leadership responsibilities.
Revised Fair Use Ruling Finds No Transformative Use in Developing AI Search ToolJudge Bibas updated a ruling on copyright infringement between Thomson Reuters and Ross Intelligence, emphasizing fair use and the non-transformative nature of Ross' use.
Reimagining Patent Examination: A (Half-Baked) Proposal for Pre-Filing CertificationThe Trump administration's reforms in 2025 pave the way for significant changes in the federal patent application process.
Standards, AI and the Data Transparency ImperativeData transparency and standards are crucial for AI and SEPs in telecommunications.Entrepreneurship involves a shift in focus from creation to leadership responsibilities.
Revised Fair Use Ruling Finds No Transformative Use in Developing AI Search ToolJudge Bibas updated a ruling on copyright infringement between Thomson Reuters and Ross Intelligence, emphasizing fair use and the non-transformative nature of Ross' use.
The 2024 In-House Compensation Report Is Here! - Above the LawThe 2024 In-House Counsel Compensation Survey provides valuable compensation insights for in-house legal departments.
AI and Copyright: Expanding Copyright Hurts Everyone-Here's What to Do InsteadFair use is essential for enabling innovative AI research and development without cumbersome licensing requirements.Restricting AI training data licenses can hinder scientific research and advancements in machine learning.
EU accused of leaving devastating' copyright loophole in AI ActEU copyright law needs reform to protect creatives from generative AI's legal loopholes.
Aboriginal group seeks $1.1bn in damages over Australia mining projectThe Yindjibarndi Ngurra Aboriginal Corporation seeks $1.15bn in damages from Western Australia over mining activities on ancestral land.
Eyes Wide Open: Lost Profits Are Available in the Absence of Acceptable Non-Infringing SubstitutesBausch & Lomb successfully navigated legal hurdles to advance their lost profits damages claim in a patent infringement case against SBH Holdings.
Awareness Campaign Claims Apple Deliberately Pushes Anti-Innovation Strategy of Devaluing PatentsApple's strategy centers on devaluing patent rights, particularly in telecommunications, hindering innovation and hurting smaller technology developers.
The Growing Market for Weight Loss Treatments: Innovation, Patents, and the Future of GLP-1 AgonistsThe pharmaceutical industry's focus is shifting toward weight loss and diabetes treatments, driven by innovation and patent strategies.
Bayh-Dole Coalition Calls on Trump Admin to Rescind NIH Access Planning PolicyPotential NIH policy changes may harm commercialization of life-saving inventions.New NIH guidelines could hinder innovation in life sciences by adding bureaucratic requirements.
Building a Better Mouse Trap: How to Succeed as an EntrepreneurEntrepreneurs should focus on innovating and improving existing products to succeed in the startup world.
Awareness Campaign Claims Apple Deliberately Pushes Anti-Innovation Strategy of Devaluing PatentsApple's strategy centers on devaluing patent rights, particularly in telecommunications, hindering innovation and hurting smaller technology developers.
The Growing Market for Weight Loss Treatments: Innovation, Patents, and the Future of GLP-1 AgonistsThe pharmaceutical industry's focus is shifting toward weight loss and diabetes treatments, driven by innovation and patent strategies.
Bayh-Dole Coalition Calls on Trump Admin to Rescind NIH Access Planning PolicyPotential NIH policy changes may harm commercialization of life-saving inventions.New NIH guidelines could hinder innovation in life sciences by adding bureaucratic requirements.
Building a Better Mouse Trap: How to Succeed as an EntrepreneurEntrepreneurs should focus on innovating and improving existing products to succeed in the startup world.
The Trump Administration's USPTO Executive Team is Taking ShapeIncoming Secretary Lutnick's pro-patent agenda influences new USPTO leadership appointments.
USPTO's Rapid Policy Shifts Threaten Patent System StabilityThe USPTO is facing challenges due to new White House directives that risk exacerbating their backlog and driving away experienced patent professionals.
What Do the Return to Office and Hiring Freeze Orders Mean for Examiners and SPEs?The return to office for SPEs and hiring freeze may harm USPTO operations, impacting examiner workload and productivity.
More Ways for the New Acting Director to Fix the USPTO FastThe next USPTO Director should implement fixes to improve efficiency and reduce the burden of unnecessary rules on patent applicants.
Five (Almost) Instant Fixes to the Patent System That the Trump USPTO Can Deploy (and One Bonus)The new USPTO Acting Director's leadership is seen as a potential turning point for patent rights and innovation.
USPTO's Remote Work Program Faces Potential Rapid Dismantling Under New Federal GuidelinesThe USPTO faces a significant operational change with a mandated return to in-office work and a hiring freeze.
The Trump Administration's USPTO Executive Team is Taking ShapeIncoming Secretary Lutnick's pro-patent agenda influences new USPTO leadership appointments.
USPTO's Rapid Policy Shifts Threaten Patent System StabilityThe USPTO is facing challenges due to new White House directives that risk exacerbating their backlog and driving away experienced patent professionals.
What Do the Return to Office and Hiring Freeze Orders Mean for Examiners and SPEs?The return to office for SPEs and hiring freeze may harm USPTO operations, impacting examiner workload and productivity.
More Ways for the New Acting Director to Fix the USPTO FastThe next USPTO Director should implement fixes to improve efficiency and reduce the burden of unnecessary rules on patent applicants.
Five (Almost) Instant Fixes to the Patent System That the Trump USPTO Can Deploy (and One Bonus)The new USPTO Acting Director's leadership is seen as a potential turning point for patent rights and innovation.
USPTO's Remote Work Program Faces Potential Rapid Dismantling Under New Federal GuidelinesThe USPTO faces a significant operational change with a mandated return to in-office work and a hiring freeze.
The Briefing: Bad Spaniels - Infringement? No. Dilution? YesThe Jack Daniels v. VIP Products case clarified key points of trademark law, especially regarding infringement and dilution.
Patent Applications After Final Rejection: A One-Year Follow-Up StudyFinal rejections in patent applications are significant but may lead to an allowance within a year for many applicants.
Federal Circuit Outcomes from the Past Four YearsThe Federal Circuit's case outputs show 44% Non-Precedential Opinions, indicating limited precedential impact compared to 18% that are Precedential.
NCLA Reply Reiterates Impeachment is CAFC's Only Option for Removing NewmanJudge Newman's suspension raises unique legal questions about judicial conduct and procedural norms.
Federal Circuit Outcomes from the Past Four YearsThe Federal Circuit's case outputs show 44% Non-Precedential Opinions, indicating limited precedential impact compared to 18% that are Precedential.
NCLA Reply Reiterates Impeachment is CAFC's Only Option for Removing NewmanJudge Newman's suspension raises unique legal questions about judicial conduct and procedural norms.
Reject the Biden Administration's Eleventh-Hour Patent Power GrabNIH's new licensing guidelines may deter private-sector investment in drug commercialization, undermining potential health advancements.
Filling the EU's FRAND Uncertainty GapThe new EU Framework aims to clarify FRAND licensing terms for standard essential patents in Europe.
Reject the Biden Administration's Eleventh-Hour Patent Power GrabNIH's new licensing guidelines may deter private-sector investment in drug commercialization, undermining potential health advancements.
Filling the EU's FRAND Uncertainty GapThe new EU Framework aims to clarify FRAND licensing terms for standard essential patents in Europe.
Bad Patents, Thwarted Patent Reform, and a Failure to AdaptScott McKeown discusses the complexities and challenges facing the PTAB, including the role of patent reform and the impact of extreme views in policymaking.
Follow-up on Peterson v. Minerva: LIFT OUR VOICES Amicus BriefThe Peterson v. Minerva Surgical case emphasizes concerns about forced arbitration and corporate misconduct, particularly in whistleblower protections.