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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Hogan Lovells

German Supreme Court paves the way for broader application of implied consent in copyright law

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In three judgements dated September 11, 2024, the German Supreme Court expanded the scope of “implied consent” as a limitation on copyright protection (Cases I ZR 139/23; I ZR 140/23; I ZR 141/23)....more

Womble Bond Dickinson

Why Human-Created Input Data Is Needed to Maintain AI Models

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By now, we all know that Generative AI models are trained on massive amounts of data, much of which is collected from the Internet, as well as other sources. And we also know that Gen AI is being used to generate massive...more

Erise IP

What’s Trending in Trademarks: September 2024

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Meghan...more

BakerHostetler

Federal Circuit Rebukes District Court for Patent Eligibility Decision Involving Extended-Release Formulation Patent

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The U.S. Court of Appeals for the Federal Circuit admonished the U.S. District Court for the District of Delaware on Wednesday for abuse of its discretion in finding the disputed claims invalid under 35 U.S.C. § 101, “a...more

Proskauer - Trade Secrets

EV Trade Secrets Litigation Series: EV Trade Secrets Dispute Takes a Twist as $71M Verdict is Overturned

Continuing our series on electric vehicle (EV) trade secret litigations, a federal judge has overturned a jury’s verdict awarding $71 million to Zunum Aero, Inc. for The Boeing Company’s violation of the Washington Trade...more

ArentFox Schiff

Big Baller, Shot Caller: High School Athletes and the Emerging NIL Framework

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In May, a top-ranked wide receiver from the two-time reigning state champion football program at DeSoto High School in Texas tweeted his disappointment that California, Georgia, Florida, and even Louisiana allow high school...more

Dechert LLP

Social Media Ownership: Court Applies 2nd Circuit’s Novel Test

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We have previously written an OnPoint about the law concerning ownership of social media accounts in light of the explosive growth in the use of such media for commercial advertising, product development and customer...more

Linda Liu & Partners

Invalidation Approaches and Specification Crafting Concerning “Parameter Features”

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Limitation by “parameter features” is a love-hate claim drafting approach. It’s highly praised by applicant/patentee because it leads to great the difficulty in searching and finding prior arts that directly disclose the...more

International Lawyers Network

Technovations & Labor Practices: Little Known IP Law For Developing Countries

Some years back, a young Kenyan graduate, working as an intern for a public state corporation, developed an innovative solution that earned his employer a global innovation award. However, his application for intellectual...more

Linda Liu & Partners

A Preliminary Analysis of the Strategies That Can Be Adopted in Trademark Refusal Appeal Cases Where Trademarks Are Identical or...

Linda Liu & Partners on

China, which has enjoyed the reputation of being the “World’s Factory” and an “Important World Market” for many years, has also topped the global list in trademark applications for 20 consecutive years. Due to China National...more

Pillsbury - Global Sourcing Practice

California Legislature Passes Generative AI Training Data Transparency Bill

The California legislature recently passed Assembly Bill 2013 (AB 2013) on August 27, 2024, a measure aimed at enhancing transparency in AI training and development. If signed into law by Governor Gavin Newsom, developers of...more

Venable LLP

Playing Chess and Ice Hockey Makes Me a Better Lawyer

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The foundational comic premise of walk-into-a-bar jokes is the underlying differences among the characters walking in. The three characters—in this case a chess player, a hockey player, and a patent litigator—may appear...more

Dorsey & Whitney LLP

Unauthorized Use of Banksy’s Work: Does a Street Artist Have Legal Recourse Against an Exhibition?

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Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists...more

Farella Braun + Martel LLP

DC Circuit Seems Unlikely to Answer AI Copyright Question

In the hearing on the appeal of the U.S. Copyright Office's refusal to register his AI-created artwork ("A Return to Paradise," a copy of which appears above) and the district court's affirming of the refusal, programmer...more

Farella Braun + Martel LLP

Proposed Patent Bills To Be Considered Next Week by the Senate Judiciary Committee

We've been closely monitoring two proposed bills regarding patent law—the Patent Eligibility Restoration Act (PERA) and the PREVAIL Act. The Senate Judiciary Committee would have considered both bills yesterday, but they...more

Jones Day

USPTO Extends Comment Deadline on Patent Eligible Subject Matter Guidance for AI Inventions

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The USPTO has extended the public comment deadline in order to afford all stakeholders an opportunity to weigh in on the subject matter eligibility of AI inventions....more

DLA Piper

C.R. Bard v. Atrium: The Impact of FDA Approval Timelines on Royalty Payments

DLA Piper on

A case pending in the Ninth Circuit Court of Appeals highlights the importance of negotiating the term of royalty payments in the license of Food and Drug Administration (FDA)-regulated products. This is particularly notable...more

Dunlap Bennett & Ludwig PLLC

Trademark Ownership And What Happens To Your Trademark When You Die?

As folks prepare their estate documents, they need to consider who they want to receive their assets, house(s), vehicle(s), or that Bob Ross painting they found at a garage sale 20 years ago. What many people don’t think...more

DLA Piper

USPTO Director’s Decision Highlights Consequences of Evidence Suppression

DLA Piper on

In a rare exercise of authority through a sua sponte director review, US Patent and Trademark Office (USPTO) Director Kathi Vidal affirmed the Patent Trial and Appeal Board (PTAB)’s decision to sanction patent owner Longhorn...more

DLA Piper

Amarin v. Hikma: Defining the Limits of Protection That Skinny Labels Afford

DLA Piper on

On August 22, 2024, Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals, PLC (collectively Hikma), filed a petition for rehearing en banc, asking the US Court of Appeals for the Federal Circuit to reconsider its recent...more

Pillsbury - Internet & Social Media Law Blog

Strange Bedfellows on the Campaign Trail: The Tension between Music, Copyright and Political Licensing Agreements

Moments before former President Donald Trump took to the stage at a Montana rally this August, Celine Dion’s 1997 hit, “My Heart Will Go On,” blasted over the speakers while a clip appeared onscreen. It took less than 24...more

Patterson Belknap Webb & Tyler LLP

Tag You’re It: Chief Judge Swain sua sponte Transfers Pro Se Patent Infringement Complaint to Delaware

Chief United States District Judge Laura Taylor Swain (S.D.N.Y.) recently transferred an action for patent infringement brought pro se by Rachel Ohana (“Ohana”) against Mars Petcare US, Inc. (“Mars Petcare”) to the United...more

Weintraub Tobin

(Podcast) The Briefing: Punchbowl News’ Trademark Win Despite Rogers Setback

Weintraub Tobin on

Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent...more

Weintraub Tobin

The Briefing: Punchbowl News’ Trademark Win Despite Rogers Setback

Weintraub Tobin on

Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent...more

Hogan Lovells

Actualités Législatives et Réglementaires – Juillet / Août 2024

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Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires des mois de juillet et août 2024....more

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