Other Barks and Bites for Friday, October 10: SCOTUS Invites SG's Views on RiseandShine's Trademark Issues; MPA Urges OpenAI to Address Sora 2 Infringement; and UPC to Add Third Panel to Court of Appeal
Briefly

Other Barks and Bites for Friday, October 10: SCOTUS Invites SG's Views on RiseandShine's Trademark Issues; MPA Urges OpenAI to Address Sora 2 Infringement; and UPC to Add Third Panel to Court of Appeal
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"This week in Other Barks & Bites: a coalition of IP experts urges the UKIPO to disregard theories of patent holdup and royalty stacking that aren't supported by empirical data; antitrust regulators in China will investigate Qualcomm's potential violations of that nation's anti-monopoly law after it acquired Autotalks; the Third Circuit tells Novo Nordisk that the determination of its injectable insulin drugs as eligible for Medicare negotiations is precluded from judicial review under the IRA;"
"the U.S. Supreme Court asks for the U.S. Solicitor General's views on whether a trademark's conceptual strength is a question of law or fact; panelists debate the impacts of passing the Patent Eligibility Restoration Act before the Senate IP Subcommittee; the Motion Picture Association tells OpenAI that it's the generative AI firm's responsibility to address copyright liability posed by infringing outputs;"
The Patent Eligibility Restoration Act would abrogate Supreme Court rulings on subject matter eligibility under 35 U.S.C. §101 and seek to reduce pre‑Alice uncertainty. A coalition of IP experts urged the UKIPO to disregard theories of patent holdup and royalty stacking that lack empirical support. Chinese antitrust regulators will investigate Qualcomm for potential anti‑monopoly violations following its acquisition of Autotalks. The Third Circuit held that determinations making injectable insulin drugs eligible for Medicare negotiations are precluded from judicial review under the Inflation Reduction Act. The U.S. Supreme Court requested the Solicitor General's views on whether trademark conceptual strength is law or fact. The Motion Picture Association asserted that OpenAI bears responsibility for addressing copyright liability from infringing outputs. The UPC announced a new third appellate panel to begin hearing cases in January.
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