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Ghostwriter in the Machine: Copyright Implications for AI-Generated Imitations

A track called “Heart on My Sleeve” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. The pantomimed artist was Drake, no stranger to thirsty pining, backed by R&B artist The Weeknd. The song, however, was credited to Ghostwriter977, the alias of an … Continue Reading

World IP Day 2023: Accelerating Inclusivity of our IP Systems

Every year, on April 26, intellectual property organizations around the world observe “World IP Day” – an event established by the World Intellectual Property Organization (WIPO) to raise awareness of patents, copyrights, designs, and trademarks, and to celebrate the creativity and contributions of inventors, authors, artists and entrepreneurs. The theme for 2023 is “Women and … Continue Reading

District Court Gatekeeping Responsibility for Expert Witness Testimony to Increase Under Proposed Changes to Federal Rule of Evidence 702

Sister blog Global Investigations and Compliance Review posted a very read-worthy recent blog authored by our colleagues Marisa Darden, Ayako Russell and Jay Thomas. Addressing proposed changes to the Federal Rule of Evidence 702 standards regarding the admissibility of expert witness opinions, the post is a must read for anyone involved in or concerned with … Continue Reading

Human vs AI Analysis of USPTO Updates – How Does Bard Fare?

Generative Artificial Intelligence is a type of artificial intelligence (AI) that can generate a wide range of content types in response to user prompts. Examples of such content can include text, images, audio and video content, etc. There has been pervasive use of Generative AI over the past few months, to create essays, works of … Continue Reading

Rulemaking at the US Patent Office: Does Director Guidance On Discretionary Denials of Review Require Opportunity for Public Comment?

The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. The complaint alleges that the so-called Fintiv factors – initially set forth in two opinions designated by the … Continue Reading

District Court Rules Internet Archive’s Open Library Project is Not Fair Use

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. Even though the Internet Archive and participating libraries purchased print copies of the books and, for the most part, made them available to borrowers on a … Continue Reading

National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

“[N]o legacy is so rich as honesty”1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. “FTC leadership,” the NAD Report elaborates, “sent a consistent, strong message that national advertisers should take a hard look at their own … Continue Reading

Too Good a Deal? JC Penny Hit with Class Action Suit Over False Reference Pricing

Competition in the world of online sales is intense, but companies that used inflated original prices to lure customers face consequences. JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” The three-count complaint claims the nationwide … Continue Reading

Reining in The Western District of Texas? Recent Developments Affecting That Court’s Status As A Patent Infringement Filing Hotbed

In a unanimous February 1, 2023 Order, a Federal Circuit panel granted Google LLC’s petition for a writ of mandamus directing the U.S. District Court for the Western District of Texas to vacate its order denying transfer of patent infringement claims to the Northern District of California. As discussed here, this precedential decision signals the … Continue Reading

WEBINAR: How to Make the Best Out of Your Employees Inventions – Applicable Rules and Best Practices for Global Companies

As the global economy continues to integrate, companies are wrestling with how to manage innovations across borders. Given that most patentable inventions are developed in-house, can a global invention policy help attract and keep the most innovative employees? Are assignment agreements with employees appropriate regardless of where the innovation originates? Join our panelists Catherine Muyl, … Continue Reading

IP Protection of NFTs: A Comparative Look at the US and China

The author would like to thank John Hodges and Elisa Li for their contributions to this post. The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. Large digital transactions like that of Beeple NFT that sold for $69 million and the ever-mounting numbers … Continue Reading

Putting the Appeals of Both Sides to Bed: PTAB Rulings on the Patentability of Systems and Methods for Adjusting Air Pressure in a Mattress Affirmed

The Federal Circuit recently handed down an informative decision in American National v. Sleep Number Corporation affirming the Patent Trial and Appeal Board’s final decisions in two inter partes reviews finding some claims patentable and some claims not patentable. The claims at issue related to the systems and methods for adjusting pressure in an air … Continue Reading

Ninth Circuit: Commercial Brand Names Can Be Expressive Speech

In Punchbowl, Inc. v. AJ Press, LLC, the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a … Continue Reading

Ninth Circuit Holds Foreign Trademark Defendants Can Be Served through USPTO

Suing an overseas defendant often forces plaintiffs to go through the expensive and time-consuming process of serving the defendant through the Hague Convention. This requires translating the complaint and related documents, delivering them to the foreign country’s designated “Central Authority,” and then waiting for that Central Authority to actually deliver the documents and confirm delivery … Continue Reading

The Alice Test for Patent Ineligibility in Practice, Part Two: The Federal Circuit Affirms a Dismissal

In a recent post, I discussed a September Federal Circuit decision (Cooperative Entertainment v. Kollective Technology) that reversed a lower court dismissal of a patent infringement case on Section 101 eligibility grounds under the Supreme Court’s 2014 Alice Corp. v. CLS Bank test. Just weeks after that ruling, the Federal Circuit in IBM v. Zillow … Continue Reading

The Alice Test for Patent Ineligibility in Practice: The Federal Circuit Reverses District Court’s Dismissal of an Infringement Case

One of the threshold requirements for obtaining a patent under U.S. law is that the invention is a “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof…” In other words, the subject matter of the invention must be eligible for patenting. Many courts have used this requirement … Continue Reading

UK regulators crack down on ‘greenwashing’

Within seven months[1] of the UK regulator, the Competition and Markets Authority (“CMA“), announcing its review of green claims in the fashion retail sector, it has opened an investigation into such environmental claims made by various fashion businesses, including ASOS and George at Asda.  This comes less than a year after all businesses were put … Continue Reading

ISPs and Anonymous Users Rejoice: DMCA 512(h) Subpoena Subjected to First Amendment Scrutiny

Last month, in an important ruling for Internet service providers, and anonymous users alike, a new defense is taking shape to subpoenas issued pursuant to the “unmasking” provisions of the Digital Millennium Copyright Act (“DMCA”). Specifically, in In re DMCA § 512(h) Subpoena to Twitter, Inc., N.D. Cal. Case No. 20-mc-80214, district judge Vince Chhabria … Continue Reading

Senator Cornyn Considers Expansion of ITC’s Authority under Section 337

Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337 (“Section 337”), gives the U.S. International Trade Commission (“ITC”) broad powers to investigate and address unfair acts and unfair competition in the importation of articles into the United States. Most Section 337 investigations address issues of infringement of statutory intellectual property such as … Continue Reading

DoD Launches New Platform to Connect Inventors with “Trusted” Venture Funding

On January 13, 2021, the Department of Defense (DoD) announced the launch of its Trusted Capital Digital Marketplace (TCDM) to support qualified small and medium sized businesses (“Domestic Companies”) that make up the defense industrial base (DIB). The TCDM establishes a forum to provide selected innovative domestic companies with access to “vetted” sources of private … Continue Reading

Legal Insights Webinar – After Arthrex: The Implications of Arthrex and Its Progeny Going Forward

Join us on July 16, 2020 at 12pm EDT/9am PDT for a complimentary webinar – After Arthrex: The Implications of Arthrex and Its Progeny Going Forward. Last fall, the Federal Circuit answered a challenge to the constitutionality of the appointment of administrative patent judges to the Patent Trial and Appeal Board. The court held that … Continue Reading
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