#intellectual-property

#intellectual-property

"Baumgarten said that Damle's 'blanket assertion that input for generative AI 'is fair use' may well be simply wrong.'"In response to last week's hearing of the House of Representatives' Subcommittee on Courts, Intellectual Property and the Internet about the impact of artificial intelligence (AI) on copyright law, former Copyright Office General Counsel, Jon Baumgarten, submitted a letter this week to the Subcommittee expressing his concerns with the testimony of one of the witnesses, Sy Damle of Latham & Watkins, who also formerly served as U.S. Copyright Office General Counsel.

One of the most flagrant issues in the quickly emerging field of artificial intelligence is how AI collides with copyright.This multifaceted issue is being taken up by the U.S. Congress.Today, the Judiciary Committee is presenting "Artificial Intelligence and Intellectual Property: Part 1 - Interoperability of AI and Copyright Law.

Dezeen's next editorial series will look at how AI will impact design and architecture.To mark the start of the series we are inviting you to create its artwork using the text-to-image generators that are making headlines.Today we are launching the public contest to produce the illustration for our next series, with a £1,000 prize for the winning design.

Analysis A federal judge rejected the Internet Archive's claim that it has a fair use right to lend out a digital copy of each printed book that it has purchased, raising the possibility of it facing huge damages for copyright infringement.A week ago, Judge John Koeltl from the Southern District of New York heard oral arguments in Hachette v. Internet Archive, a lawsuit filed by four large publishers (Hachette Book Group, HarperCollins Publishers, John Wiley & Sons and Penguin Random House) that challenged the Internet Archive's Controlled Digital Lending (CDL) initiative.

The U.S. Patent and Trademark Office (USPTO) has announced a call for nominations for membership in its esteemed Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC).These committees were established under the Patent and Trademark Office Efficiency Act in 1999 with the task of advising the Secretary of Commerce and the Under Secretary of Commerce for Intellectual Property on patent and trademark operations, including agency management, goals, performance, budgets, and user fees.

"Whether, after all of this process, there will in fact be greater clarity, without jeopardizing the availability of proceedings that were supposed to improve and ensure patent quality and provide a quick and cost-effective alternative to district court litigation, remains unknown."Between the precedential Fintiv decision in March of 2020 and Director Vidal's Guidance Memo regarding the application of Fintiv in June of 2022, the discretionary denial rates of inter partes review (IPR) institution decisions under 35 U.S.C. § 314(a) plummeted from 40-50% to 11-16%.

"The only meaningful remedy is vacatur of the relevant decisions and reconsideration by a newly constituted impartial PTAB panel free of financial conflicts."One day after U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal testified during a hearing before the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet, Centripetal Networks filed a reply in support of its petition for a writ of mandamus in its patent dispute with Cisco.

The following are my remarks given on April 25, 2023 to the USPTO as part of their AI listening session:
by Dennis Crouch
Members of the USPTO, and fellow participants of this AI Listening Session, thank you for inviting me here today and for taking time to consider these important issues.I want to also thank the prior speakers who have done a great job laying out many of the issues.

"I think it's really a surprise that the PTO - that is publishing the proposed rules - is now saying it's not their proposed rules.If we got it wrong, we can revisit it, but it's not up to the PTO to try and make the law and redo it in their rulemaking process."- Rep. Zoe Lofgren
Today's hearing of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet on Oversight of the U.S. Patent and Trademark Office (USPTO) demonstrated some confusion on the part of Congress about the intent of USPTO Director Kathi Vidal's recent Advanced Notice of Proposed Rulemaking (ANPRM) on changes to Patent Trial and Appeal Board (PTAB) processes, and suggested the Subcommittee members believe she may be exceeding her authority.

1. Privacy regulations are essential to ensure consumer data is protected and used responsibly.
2. Technology companies should be held accountable for how they use consumer data and should be required to disclose the policies and practices used to collect and use this data.
3. Companies should be transparent with their customers about

Businesses using ExtraHop's Reveal(x) 360 can now gain visibility into employees' use of generative AI tools, thanks to the latest update to the network detection and response (NDR) platform.The cyber security provider said the functionality will better protect organizations against accidental misuse of AI tools, such as OpenAI ChatGPT, helping them to better understand their risk exposure and whether AI tools are being used in compliance with AI policies.

Renner Otto, a growing intellectual property (IP) law firm located in Cleveland's Playhouse Square, is looking for a Senior Patent Prosecution Attorney.This is a full-time, permanent, partnership track position located in Cleveland, OH.Primary Duties:
Responsibilities include all aspects of patent practice including preparation and prosecution of patent applications and patent opinion work.

A new draft of EU artificial intelligence (AI) legislation could better protect business IP from being secretly scraped by AI firms, with developers facing new transparency obligations on copyrighted content.The long-awaited AI Act could force developers to disclose when they collect and use copyrighted material to train large language models (LLMs).

Halle Bailey in "The Little Mermaid."(Giles Keyte/Disney)StarOutline (3 stars) Admirers of the beloved 1989 animated classic "The Little Mermaid" are justified to approach the new live-action adaptation with trepidation.As Disney has systematically raided its archive for intellectual property to repurpose (and, more to the point, remonetize), the results have been wildly uneven: For every better-than-expected " Jungle Book" and " Cinderella," audiences have been subjected to far more misfires on the order of " Aladdin."

Tom Hanks is game for the rise of AI and deepfakes, but he's still trying to protect his real likeness as technology - and a money-hungry industry - gets smarter.The star discussed the state of synthetic media as a guest on The Adam Buxton Podcast, where he revealed that there are "discussions going on in all of the guilds, all of the agencies, and all of the legal firms, in order to come up with the legal ramifications of my face and my voice - and everybody else's - being our intellectual property."

Celebrities often face lawsuits from paparazzi, fans, and other celebrities, which can harm their reputation and finances.To avoid legal issues, celebrities can take measures to protect their privacy and become aware of their rights.Intellectual property issues can arise when a celebrity's name, image, or works are used without permission.

By: Ericka Chickowski on
It's only been a couple of months since OpenAI introduced its latest low-cost API for developers to leverage ChatGPT in their applications and already many engineering teams have jumped headlong into new integrations.But developers experimenting with the possibilities of how ChatGPT can boost their software should temper that with some risk analysis and threat modeling before deployment.

Blue Pill World
Professional Sports often don't feel like reality.In good and bad ways.Good, because we all get a moment to give a shit [or not give a shit] about something that doesn't really mean anything at all.Bad, because there's a divide.Something artificially separating us from them.A code, a story, another language.

"After the per curium panel opinion in LKQ, obviousness for design patents continues with business as usual.But change may be on the horizon."Just like utility patents, design patents can be found obvious under 35 U.S.C. § 103 by combining prior art references.But the test for obviousness for design patents differs from the more familiar standards for utility patents.

On Wednesday, May 3, the Columbian Lawyers Association of Brooklyn hosted a monthly meeting at Gargiulo's Restaurant in Coney Island, where attorney Daniel Garrie, a top voice in the cybersecurity and computer forensic space for over 20 years, gave an enlightening lecture on cybersecurity.The issue has become increasingly important since the pandemic, Columbian Lawyers President Salvatore Scibetta explained.

Cloudflare has unveiled its new Cloudflare One for AI suite of zero trust security controls, designed to help businesses leverage the latest generative AI tools without endangering intellectual property or customer data.The provider said the additions aim to provide organizations with a "simple, fast, and secure way" to use the latest generative AI technologies without compromising security or performance.

The last time the Writers Guild of America went on strike, in 2007, workers pushed back against the nascent streaming industry, advocating for higher residual payments for content released over streaming.Now a new technology, artificial intelligence, stands to drastically change Hollywood again as Guild strikers return to the picket line.

By
Data classification is an essential pre-requisite to data protection, security and compliance.Firms need to know where their data is and the types of data they hold.Organisations also need to classify data to ensure it has the right level of protection and whether it is stored on the most suitable type of storage in terms of cost and access time.

(Scott Dudelson / Getty Images)

The San Francisco-area rapper who founded Cookies is being accused of using strong-arm and bullying tactics to run the popular cannabis brand, and forcing other companies to pay him and top executives millions of dollars in kickbacks to do business.Those who refuse to pay up, according to a pair of lawsuits filed in Los Angeles County court, face threats of physical violence or "slanderous blasts on social media," as well as the inability to do business with Cookies, which has sprung up more than 30 stores across the U.S.
"Defendants' pervasive wrongdoing has caused their own pockets to be lined while causing massive losses to Cookies and its shareholders," lawyers for a group of investors allege in a lawsuit filed Feb. 8.

Renner Otto, a growing intellectual property (IP) law firm located in Cleveland's Playhouse Square, is looking for a Trademark Associate.This is a full-time, permanent position located in Cleveland, OH.Primary Duties:
Responsibilities include all aspects of trademark practice including, trademark counseling, clearance, prosecution, and enforcement.

(Image credit: Shutterstock / Elena Istomina)
Many businesses still aren't making hybrid work (opens in new tab) secure enough, despite knowing that the challenge is only going to get bigger in the future, new research has claimed.A report from HP Wolf Connect polling almost 1,500 security leaders worldwide found that 82% of those operating a hybrid work model have gaps in their organization's security posture.

In today's ExchangeWire news digest: Disney shutters its metaverse unit; the AOP takes a stand against "unscrupulous" tech vendors' use of publisher data; and Gopuff relies on rivals firms to help with deliveries.Disney closes metaverse unit
Walt Disney Co. has shuttered its metaverse division after just over a year of operation.

This week in Washington IP news, the House Subcommittee on Economic Growth, Tax, and Capital Access examines how well creditors are able to identify small businesses that are eligible for additional capital.Elsewhere, the United States Patent and Trademark Office (USPTO) hosts the third event of the 2023 Women's Entrepreneurship Symposium.