In a closely watched case about damages and the statute of limitations under the Copyright Act, the U.S. Supreme Court held yesterday in a 6-3 decision that, so long as claims are timely, the “Copyright Act contains no...more
5/13/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery Rule ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale...more
Songs often share components that sound similar to one another, which frequently raises the question of whether copyright infringement has occurred. On March 10, 2022, the U.S. Court of Appeals for the Ninth Circuit held—in a...more
It’s not uncommon for individuals or small businesses to try to save money by filing copyright applications themselves. It’s also not uncommon for some of these registrations to include factual or legal errors, jeopardizing...more
In This Issue -
A Looming AI War: Transparency v. IP Rights -
As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few...more
8/21/2019
/ Artificial Intelligence ,
Attorney's Fees ,
Bayh-Dole Act ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Defend Trade Secrets Act (DTSA) ,
Federal Funding ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventions ,
Lanham Act ,
Litigation Fees & Costs ,
Patent Applications ,
Patent Infringement ,
Patent Reform ,
Patent-Eligible Subject Matter ,
Patents ,
Scandalous/Immoral Marks ,
Trademarks
Avoiding the Top 5 Potholes for Autonomous Transportation Startups -
Autonomous transportation technology was widespread at the 2019 Consumer Electronics Show. Advances in object identification, mapping, machine learning,...more
5/10/2019
/ Automotive Industry ,
CARU ,
Confidential Information ,
Connected Cars ,
COPPA ,
Copyright ,
Disclosure Requirements ,
Driverless Cars ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Manufacturers ,
Petition for Writ of Certiorari ,
Popular ,
Proposed Amendments ,
Startups ,
Technology Sector ,
Trade Secrets ,
Trademarks ,
UK ,
USPTO
In a unanimous decision this month, the U.S. Supreme Court held that a copyright claimant cannot sue for infringement until the U.S. Copyright Office has granted or rejected the application to register the copyright. In...more
3/22/2019
/ Appeals ,
Copyright ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Registration ,
Damages ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more
10/2/2018
/ America Invents Act ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Arbitration ,
Class Members ,
Contract Interpretation ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Cy Pres Funds ,
Federal Arbitration Act ,
Fee Awards ,
Intellectual Property Protection ,
Life Sciences ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prior Art ,
Privacy Laws ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Split of Authority ,
Technology Sector ,
The Copyright Act ,
Video Games
A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property -
Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more
2/10/2017
/ Administrative Appointments ,
America Invents Act ,
Appeals ,
Article III ,
Barack Obama ,
Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Data Breach ,
Denial of Certiorari ,
Disparagement ,
DMCA ,
Exclusive Licenses ,
Fashion Design ,
FDCPA ,
File Sharing ,
First Amendment ,
Free Speech ,
Google ,
Injury-in-Fact ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Internet Service Providers (ISPs) ,
IP License ,
Lanham Act ,
Lee v Tam ,
Lenz v Universal Music Corp. ,
Misappropriation ,
Non-Appealable Decisions ,
Non-Practicing Entities ,
Online Videos ,
Oracle ,
Patent Trial and Appeal Board ,
Patents ,
Petition for Writ of Certiorari ,
Popular ,
Privacy Laws ,
SCOTUS ,
Section 337 ,
Software Developers ,
Spokeo v Robins ,
Standing ,
Star Athletica v Varsity Brands ,
Takedown Notices ,
Tariff Act of 1930 ,
Trade Secrets ,
Trademark Registration ,
Trademarks ,
Trans-Pacific Partnership ,
Trump Administration ,
Uniforms ,
USPTO ,
YouTube
Copyrighting Player-Generated Content in Video Games -
Last year, consumers spent more than $21 billion on the video game industry. The Entertainment Software Association reports that almost 60% of Americans—roughly...more
4/6/2015
/ Claim Construction ,
Clear Error Standard ,
Copyright ,
Costco ,
Entertainment Industry ,
Film Industry ,
Hana Financial v Hana Bank ,
Legislative Agendas ,
Patents ,
Pharmaceutical Patents ,
Tacking ,
Teva Pharmaceuticals ,
Teva v Sandoz ,
The Copyright Act ,
Trade Secrets ,
Trademarks ,
Video Games
The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more
2/25/2014
/ America Invents Act ,
Beastie Boys ,
CLS Bank v Alice Corp ,
Copyright ,
Covered Business Method Patents ,
EU ,
European Commission ,
Fair Use ,
First-to-File ,
First-to-Invent ,
GoldieBlox ,
Inter Partes Review (IPR) Proceeding ,
Irreparable Harm ,
Paid Time Off (PTO) ,
Patents ,
Post-Grant Review ,
SCOTUS ,
STEM ,
Trade Secrets ,
Trademark Litigation