The U.S. Copyright Office, GenAI, and the Advancement of CultureThe USCO's 2023 guidelines address copyrightability by emphasizing the necessity of human contribution in AI-assisted works.
No Infringement of Nonfiction Work by Makers of Tetris Film - Court Uses Wrong Analysis to Reach the Right ResultThe author of a non-fiction work cannot claim copyright over historical facts, only the expression of those facts.
Sheet Music v. Sound Waves: When Old Copyright Law Meets Modern MusicThe Ed Sheeran copyright dispute raises important questions about judicial deference and copyright scope under the 1909 Act.
D.C. Circuit Upholds Human Authorship Requirement in Thaler v. PerlmutterThe D.C. Circuit upheld that only humans can be considered authors under the Copyright Act.
Editorial: Big Tech's AI pitch seeks a license to stealOpen AI's argument for bypassing copyright laws to combat national security threats contradicts ethical standards of journalism and copyright protections.
The Briefing: NBA Teams Fight Back Against Trolling - The Validity of the Discovery Rule at StakeSupreme Court petition challenges the validity of the 'discovery rule' for copyright claims. Stakeholders like NBA teams voice concerns over potential risks.
The U.S. Copyright Office, GenAI, and the Advancement of CultureThe USCO's 2023 guidelines address copyrightability by emphasizing the necessity of human contribution in AI-assisted works.
No Infringement of Nonfiction Work by Makers of Tetris Film - Court Uses Wrong Analysis to Reach the Right ResultThe author of a non-fiction work cannot claim copyright over historical facts, only the expression of those facts.
Sheet Music v. Sound Waves: When Old Copyright Law Meets Modern MusicThe Ed Sheeran copyright dispute raises important questions about judicial deference and copyright scope under the 1909 Act.
D.C. Circuit Upholds Human Authorship Requirement in Thaler v. PerlmutterThe D.C. Circuit upheld that only humans can be considered authors under the Copyright Act.
Editorial: Big Tech's AI pitch seeks a license to stealOpen AI's argument for bypassing copyright laws to combat national security threats contradicts ethical standards of journalism and copyright protections.
The Briefing: NBA Teams Fight Back Against Trolling - The Validity of the Discovery Rule at StakeSupreme Court petition challenges the validity of the 'discovery rule' for copyright claims. Stakeholders like NBA teams voice concerns over potential risks.
Restam's Inherent Anticipation Theory for Product-by-Process Claims Fails at CAFCThe Federal Circuit affirmed PTAB's ruling that Restem did not prove Jadi Cell's patent claims unpatentable, maintaining the integrity of the patent.Anticipation analysis for product-by-process claims remains distinct from infringement analysis as per the Federal Circuit's decision.
IPWatchdog LIVE 2025 Panel Explores Global IP TrendsEmerging markets are making significant strides in their intellectual property regimes, according to recent evaluations.The U.S. is still a leader in IP efficiency, but emerging markets show noteworthy progress.
Supreme Court Denies Cert on Section 101, Fraudulent Procurement of Trademark PetitionsThe U.S. Supreme Court denied petitions for clarity on Section 101 patent eligibility, impacting Impact Engine's appeal regarding web-based advertisement systems.
EcoFactor v. Google: Quick Review of Oral ArgumentsThe Federal Circuit is reviewing how courts assess expert testimony related to patent damages.
Inventor Cites Notice Withdrawing USPTO's Fintiv Memo as 'Significant Authority' in Her Case Against Big Tech CompaniesHafeman's appeal focuses on the PTAB's failure to enforce a Sotera stipulation rather than the Fintiv analysis applied during IPR.
Convergence: Island IP Points to Wave of Rule 36 PetitionsIsland Intellectual Property seeks Supreme Court review of Federal Circuit practices regarding summary judgment standards and Rule 36 affirmances.
Restam's Inherent Anticipation Theory for Product-by-Process Claims Fails at CAFCThe Federal Circuit affirmed PTAB's ruling that Restem did not prove Jadi Cell's patent claims unpatentable, maintaining the integrity of the patent.Anticipation analysis for product-by-process claims remains distinct from infringement analysis as per the Federal Circuit's decision.
IPWatchdog LIVE 2025 Panel Explores Global IP TrendsEmerging markets are making significant strides in their intellectual property regimes, according to recent evaluations.The U.S. is still a leader in IP efficiency, but emerging markets show noteworthy progress.
Supreme Court Denies Cert on Section 101, Fraudulent Procurement of Trademark PetitionsThe U.S. Supreme Court denied petitions for clarity on Section 101 patent eligibility, impacting Impact Engine's appeal regarding web-based advertisement systems.
EcoFactor v. Google: Quick Review of Oral ArgumentsThe Federal Circuit is reviewing how courts assess expert testimony related to patent damages.
Inventor Cites Notice Withdrawing USPTO's Fintiv Memo as 'Significant Authority' in Her Case Against Big Tech CompaniesHafeman's appeal focuses on the PTAB's failure to enforce a Sotera stipulation rather than the Fintiv analysis applied during IPR.
Convergence: Island IP Points to Wave of Rule 36 PetitionsIsland Intellectual Property seeks Supreme Court review of Federal Circuit practices regarding summary judgment standards and Rule 36 affirmances.
mRNA Patent Wars Update: The Plot Thickens with Key Rulings Expected in 2025Moderna and Pfizer+BioNTech face ongoing patent litigation over COVID-19 vaccines, with recent developments highlighting both victories and challenges in legal proceedings.
Treading Carefully: How to Navigate the Common Law Research Exemption and the Hatch-Waxman Safe HarborThe common law experimental use exemption offers narrow protections against patent infringement, which poses challenges for scientific research activities.Courts are increasingly focused on the commercial implications of activities within the context of patent rights.
Palworld Dev Says It Was "A Depressing Day" When Nintendo SuedNintendo and The Pokemon Company sued Pocketpair over patent infringement regarding game mechanics, impacting Pocketpair's upcoming releases.
mRNA Patent Wars Update: The Plot Thickens with Key Rulings Expected in 2025Moderna and Pfizer+BioNTech face ongoing patent litigation over COVID-19 vaccines, with recent developments highlighting both victories and challenges in legal proceedings.
Treading Carefully: How to Navigate the Common Law Research Exemption and the Hatch-Waxman Safe HarborThe common law experimental use exemption offers narrow protections against patent infringement, which poses challenges for scientific research activities.Courts are increasingly focused on the commercial implications of activities within the context of patent rights.
Palworld Dev Says It Was "A Depressing Day" When Nintendo SuedNintendo and The Pokemon Company sued Pocketpair over patent infringement regarding game mechanics, impacting Pocketpair's upcoming releases.
Federal Circuit Clarifies Anticipation Analysis for Product-By-Process ClaimsThe Federal Circuit upheld that the '176 patent was not inherently anticipated by prior art due to lack of proof of inevitable marker expression.
Other Barks & Bites for Friday, March 7: Lashify Wins ITC Appeal on Economic Prong Analysis; CAFC Says Apple Did Not Violate Discovery Obligations at PTAB; and ParkerVision Files Reply Brief on Rule 36 Appeal at SCOTUSFederal Circuit clarified discovery obligations for IPR petitioners.Broadcom's AI chip demand positively impacted their Q1 results.Novo Nordisk is leading in anti-obesity drug patents.REPAIR Act aims to enhance automotive consumer rights.
Federal Circuit Affirms Partial Win for Patent Owner Against AppleThe CAFC upheld the PTAB's ruling on Gesture Technology's patent claims amidst Apple's appeal.Apple's arguments regarding obviousness and standing were rejected by the court.
The Return of a Mandate on Patent Infringement Precludes Further Consideration of Issues Actually DecidedDistrict courts cannot reconsider issues already decided by appellate courts without specific instructions when the case is remanded.
Oral Hearings in UK Optis/Apple Global FRAND Case Indicate Justices Will Modify High Court RulingThe UK Court of Appeal is likely to adjust damages awarded to Optis in its ongoing patent dispute with Apple.
Judge John Holcomb: Doing My Very Best to Get it RightThe success of IPWatchdog LIVE 2025 highlights the importance of in-person discussions within the patent law community.
Federal Circuit Clarifies Anticipation Analysis for Product-By-Process ClaimsThe Federal Circuit upheld that the '176 patent was not inherently anticipated by prior art due to lack of proof of inevitable marker expression.
Other Barks & Bites for Friday, March 7: Lashify Wins ITC Appeal on Economic Prong Analysis; CAFC Says Apple Did Not Violate Discovery Obligations at PTAB; and ParkerVision Files Reply Brief on Rule 36 Appeal at SCOTUSFederal Circuit clarified discovery obligations for IPR petitioners.Broadcom's AI chip demand positively impacted their Q1 results.Novo Nordisk is leading in anti-obesity drug patents.REPAIR Act aims to enhance automotive consumer rights.
Federal Circuit Affirms Partial Win for Patent Owner Against AppleThe CAFC upheld the PTAB's ruling on Gesture Technology's patent claims amidst Apple's appeal.Apple's arguments regarding obviousness and standing were rejected by the court.
The Return of a Mandate on Patent Infringement Precludes Further Consideration of Issues Actually DecidedDistrict courts cannot reconsider issues already decided by appellate courts without specific instructions when the case is remanded.
Oral Hearings in UK Optis/Apple Global FRAND Case Indicate Justices Will Modify High Court RulingThe UK Court of Appeal is likely to adjust damages awarded to Optis in its ongoing patent dispute with Apple.
Judge John Holcomb: Doing My Very Best to Get it RightThe success of IPWatchdog LIVE 2025 highlights the importance of in-person discussions within the patent law community.
New USPTO Memo Makes Fighting Patent Trolls Even HarderUSPTO's decision limits public access to challenge invalid patents, risking the proliferation of bad patents.
The Outlook for SEPs in 2025: Anti-Suit Injunctions, DOJ Policy and GenAIExpect changes in SEP enforcement guidance under a second Trump administration.Anti-suit injunctions may see increased prevalence following recent court decisions.
Lenovo Touts UK Wins Against Ericsson in Wireless Device, FRAND Licensing DisputesThe EWHC ruling clarifies that the 2011 licensing agreement covers most Motorola devices, aiding Lenovo's position in ongoing disputes with Ericsson.
The Outlook for SEPs in 2025: Anti-Suit Injunctions, DOJ Policy and GenAIExpect changes in SEP enforcement guidance under a second Trump administration.Anti-suit injunctions may see increased prevalence following recent court decisions.
Lenovo Touts UK Wins Against Ericsson in Wireless Device, FRAND Licensing DisputesThe EWHC ruling clarifies that the 2011 licensing agreement covers most Motorola devices, aiding Lenovo's position in ongoing disputes with Ericsson.
Design-Around Victory: Amgen's Self-Buffering Innovation Regeneron's ClaimsThe Federal Circuit affirmed Amgen's biosimilar, emphasizing its unique formulation and contrasting it with prior rulings against other manufacturers.
Tax Victory for Generic Drug Companies: Federal Circuit Affirms ANDA Litigation Expenses are DeductibleGeneric pharmaceutical companies can now deduct legal expenses from patent litigation as ordinary business expenses.
Design-Around Victory: Amgen's Self-Buffering Innovation Regeneron's ClaimsThe Federal Circuit affirmed Amgen's biosimilar, emphasizing its unique formulation and contrasting it with prior rulings against other manufacturers.
Tax Victory for Generic Drug Companies: Federal Circuit Affirms ANDA Litigation Expenses are DeductibleGeneric pharmaceutical companies can now deduct legal expenses from patent litigation as ordinary business expenses.
Italy demands Google poison DNS under strict Piracy Shield lawItalian AGCOM's ruling reinforces the legitimacy of copyright protection efforts but highlights challenges with tech firm compliance.
Landmark inheritance tax ruling could save families six-figure sumsLandmark ruling may offer significant inheritance tax relief for families using 'home loan' schemes.
Inheritance tax receipts surge to 7 billion in just ten months, says HMRCInheritance tax receipts are rising significantly, indicating more estates are becoming liable as housing prices increase.Current thresholds for inheritance tax have remained unchanged, leading to more estates facing taxation.Effective estate planning is becoming complex due to shrinking reliefs and rising asset values.
Rise in pre-nup and post-nup agreements for farming families following budget reformsThere is a notable increase in inquiries from farming families about nuptial agreements due to changes in inheritance tax laws.Succession planning is becoming increasingly urgent for farming families, prompting them to seek legal advice.
Inheritance tax raises 7 billion in 10 months - London Business News | Londonlovesbusiness.comInheritance tax receipts in the UK have risen to £7 billion, reflecting a growing financial burden on estates.
Landmark inheritance tax ruling could save families six-figure sumsLandmark ruling may offer significant inheritance tax relief for families using 'home loan' schemes.
Inheritance tax receipts surge to 7 billion in just ten months, says HMRCInheritance tax receipts are rising significantly, indicating more estates are becoming liable as housing prices increase.Current thresholds for inheritance tax have remained unchanged, leading to more estates facing taxation.Effective estate planning is becoming complex due to shrinking reliefs and rising asset values.
Rise in pre-nup and post-nup agreements for farming families following budget reformsThere is a notable increase in inquiries from farming families about nuptial agreements due to changes in inheritance tax laws.Succession planning is becoming increasingly urgent for farming families, prompting them to seek legal advice.
Inheritance tax raises 7 billion in 10 months - London Business News | Londonlovesbusiness.comInheritance tax receipts in the UK have risen to £7 billion, reflecting a growing financial burden on estates.
Judge Rules Drake Didn't Defame Des Moines Community CollegeDrake University was vindicated in a trademark battle against DMACC, with defamation claims by DMACC dismissed by the judge.
Meta mocked for raising "Bob Dylan defense" of torrenting in AI copyright fightMeta's alleged torrenting of copyrighted works raises significant legal issues regarding copyright infringement.Authors seek justice against Meta for unauthorized reproduction of their copyrighted books.
Meta may have illegally removed copyright info in AI corpusMeta must face claims regarding removal of copyright management information for AI training.
The Unbelievable Scale of AI's Pirated-Books ProblemMeta faced ethical dilemmas about acquiring text data for AI training, ultimately opting for piracy over legal licensing.The urgency for high-quality data led Meta to explore Library Genesis after costly and slow legal options.
Meta mocked for raising "Bob Dylan defense" of torrenting in AI copyright fightMeta's alleged torrenting of copyrighted works raises significant legal issues regarding copyright infringement.Authors seek justice against Meta for unauthorized reproduction of their copyrighted books.
Meta may have illegally removed copyright info in AI corpusMeta must face claims regarding removal of copyright management information for AI training.
The Unbelievable Scale of AI's Pirated-Books ProblemMeta faced ethical dilemmas about acquiring text data for AI training, ultimately opting for piracy over legal licensing.The urgency for high-quality data led Meta to explore Library Genesis after costly and slow legal options.
US Supreme Court revives lawsuit over Nazi-looted Pissarro paintingCalifornia's new statute influences the ownership dispute of Nazi-looted art, emphasizing the importance of state law in historical claims.
U.S. Supreme Court Reinforces Corporate Separateness in Trademark DisputesThe Supreme Court's ruling in Dewberry underscores the importance of corporate separateness in enforcing trademark damages.
Patently Strategic Podcast: ParkerVision v. Rule 36The Federal Circuit Court's use of Rule 36 leads to the revocation of patent rights without adequate explanation, raising serious constitutional concerns.
US Supreme Court revives lawsuit over Nazi-looted Pissarro paintingCalifornia's new statute influences the ownership dispute of Nazi-looted art, emphasizing the importance of state law in historical claims.
U.S. Supreme Court Reinforces Corporate Separateness in Trademark DisputesThe Supreme Court's ruling in Dewberry underscores the importance of corporate separateness in enforcing trademark damages.
Patently Strategic Podcast: ParkerVision v. Rule 36The Federal Circuit Court's use of Rule 36 leads to the revocation of patent rights without adequate explanation, raising serious constitutional concerns.
X sues India over 'unrestrained censorship' | TechCrunchX is suing the Indian government over unlawful content removal practices, citing concerns about censorship and lack of legal oversight.
Understanding your rights to access your inheritance and when you can claim it - London Business News | Londonlovesbusiness.comUnderstanding inheritance rights is crucial when a loved one passes away.Navigating the probate process can be a lengthy and complex task.The executor plays a vital role in managing and distributing the deceased's estate.
Court Rules That AI-Generated Art Does Not Qualify for Copyright ProtectionAI-generated works cannot be copyrighted due to current laws requiring human authorship.
HP avoids monetary damages over bricked printers in class-action settlementHP's Dynamic Security restricts printer functionality to only HP cartridges, potentially impacting users who utilize third-party options.
HP settles lawsuit after killing first responder's printersHP has settled a lawsuit over blocking third-party toner cartridges, but won't compensate customers affected by this practice.
HP avoids monetary damages over bricked printers in class-action settlementHP's Dynamic Security restricts printer functionality to only HP cartridges, potentially impacting users who utilize third-party options.
HP settles lawsuit after killing first responder's printersHP has settled a lawsuit over blocking third-party toner cartridges, but won't compensate customers affected by this practice.
Biglaw Struggling To Deal With Trump Chaos - Above the LawPerkins Coie defends against Trump administration's retaliation, securing partial TRO amidst growing silence from other Biglaw firms.
Commerce Secretary Howard Lutnick Disbands PPAC and TPACCommerce Secretary Lutnick has terminated all current members of PPAC and TPAC to appoint new members aligned with the President's IP policy.
Biglaw Struggling To Deal With Trump Chaos - Above the LawPerkins Coie defends against Trump administration's retaliation, securing partial TRO amidst growing silence from other Biglaw firms.
Commerce Secretary Howard Lutnick Disbands PPAC and TPACCommerce Secretary Lutnick has terminated all current members of PPAC and TPAC to appoint new members aligned with the President's IP policy.
Universal Music Group Moves To Dismiss Disgraced Rapper's Lawsuit - Above the LawDrake's lawsuit against UMG is seen as an attempt to salvage his reputation after being perceived as losing to Kendrick Lamar.
Drake's own label says he turned to lawsuits after "[losing] a rap battle that he provoked"Universal Music Group argues that Drake's defamation lawsuit is a reaction to losing a rap battle against Kendrick Lamar.
Universal Music Group Moves To Dismiss Disgraced Rapper's Lawsuit - Above the LawDrake's lawsuit against UMG is seen as an attempt to salvage his reputation after being perceived as losing to Kendrick Lamar.
Drake's own label says he turned to lawsuits after "[losing] a rap battle that he provoked"Universal Music Group argues that Drake's defamation lawsuit is a reaction to losing a rap battle against Kendrick Lamar.
The Most Common Types of Personal Injury Claims and How Lawyers Handle ThemPersonal injury lawsuits arise from harm due to another's negligence, needing specialized legal handling for fair compensation.
Former lithium startup workers filed a lawsuit over 'toxic' chemicals. The company claimed they spilled trade secrets - and sued back.Ex-employees of Lilac Solutions allege toxic chemical exposure and have sued the company, which has countersued for trade secret violations.
Trade Secrets Outlook: Cloudy with a Chance of ExposureCloud-based solutions enhance collaboration but pose new risks to trade secret protection.Companies can implement strategies to mitigate risks associated with cloud sharing of sensitive information.
Former lithium startup workers filed a lawsuit over 'toxic' chemicals. The company claimed they spilled trade secrets - and sued back.Ex-employees of Lilac Solutions allege toxic chemical exposure and have sued the company, which has countersued for trade secret violations.
Trade Secrets Outlook: Cloudy with a Chance of ExposureCloud-based solutions enhance collaboration but pose new risks to trade secret protection.Companies can implement strategies to mitigate risks associated with cloud sharing of sensitive information.
IAS Investors Have Opportunity to Lead Integral Ad Science Holding Corp. Securities Fraud LawsuitInvestors have until March 31, 2025, to join the IAS class action lawsuit for potential compensation.Rosen Law Firm stresses the importance of choosing experienced counsel for securities class actions.
Biglaw Firm Is Winning So Much But Clients Are Still Scared - See Also - Above the LawBeing Right Has Its Consequences: Perkins Coie is winning against Trump in court.But will clients risk Trump's ire?
Supreme Court Revives Long-Running Nazi Art Restitution CaseThe Supreme Court revived a major Nazi restitution case, allowing for further consideration of a valuable painting originally owned by a Jewish family.
'It's ridiculous' - Supermac's chief Pat McDonagh hits out at plans to hike personal injury awards by nearly 17pcLegal profession proposals to raise personal injury awards prioritize self-interest, risks insurance reform, and may lead to higher premiums.
Will Perkins Coie's Clients Obey In Advance? - Above the LawPerkins Coie's temporary restraining order offers relief but highlights the persistent challenges faced from client loss due to targeting by an executive order.
OpenAI calls for U.S. government to codify 'fair use' for AI training | TechCrunchOpenAI advocates for a copyright strategy that allows AI to learn from copyrighted material to foster development.
CAFC Affirms TTAB Ruling that FIREBALL is Not Generic but Competitor's Mark Won't ConfuseThe CAFC upheld that the term 'fireball' is not generic in the context of current trademark law.
OpenAI calls for U.S. government to codify 'fair use' for AI training | TechCrunchOpenAI advocates for a copyright strategy that allows AI to learn from copyrighted material to foster development.
CAFC Affirms TTAB Ruling that FIREBALL is Not Generic but Competitor's Mark Won't ConfuseThe CAFC upheld that the term 'fireball' is not generic in the context of current trademark law.
Federal Circuit Rejects "Once Generic, Always Generic" Rule in Trademark Dispute Between Whiskey MakersGeneric terms can attain trademark registration if consumer perception changes over time.The timing of genericness is crucial for trademark registration decisions.
Descriptive or Highly Descriptive? The Federal Circuit Reviews the iVoters vs iVoterGuide Trademark DisputeThe Federal Circuit is reviewing a trademark dispute over similar digital domain names, emphasizing brand differentiation's significance.
The Briefing: The Stanley Cup Clash - A Trademark BattleStanley Black & Decker faces a lawsuit regarding trademark disputes linked to the popular Stanley Travel Cup.
Federal Circuit Rejects "Once Generic, Always Generic" Rule in Trademark Dispute Between Whiskey MakersGeneric terms can attain trademark registration if consumer perception changes over time.The timing of genericness is crucial for trademark registration decisions.
Descriptive or Highly Descriptive? The Federal Circuit Reviews the iVoters vs iVoterGuide Trademark DisputeThe Federal Circuit is reviewing a trademark dispute over similar digital domain names, emphasizing brand differentiation's significance.
The Briefing: The Stanley Cup Clash - A Trademark BattleStanley Black & Decker faces a lawsuit regarding trademark disputes linked to the popular Stanley Travel Cup.
IBM secures legal victories against LzLabs, BMC SoftwareIBM achieves legal victories in the US and UK courts against BMC Software and LzLabs, respectively.
Why the internet still needs Section 230Section 230 is essential for internet innovation and free speech, countering claims that it hinders moderation or competition.
Exploring the Differing Views of the ITC and CAFC on ETSI Licensing DeclarationsThe OUII's brief argues that Ericsson can seek global injunctive relief per ETSI norms, challenging CAFC's stance.Discrepancies exist between CAFC and ITC on licensing interpretations.
Moderna COVID Vaccine Technology Struck Down by PTABModerna's COVID-19 vaccine patents faced invalidation due to claims of being overly broad and prior knowledge of key vaccine concepts.
Man behind false Bitcoin founder claim given order to stop further legal actionDr. Craig Wright is to face court restrictions after abusing the legal system over his false claims of being Bitcoin's creator.