New York Judge Keeps Key Aspects of Suit Against OpenAI AliveRuling partially favors plaintiffs in copyright infringement case against OpenAI and Microsoft, highlighting credible allegations of content misuse.
Leading Indian artist Anita Dube accused of 'intellectual theft' after using protest poem in Delhi gallery showThe Indian art world is embroiled in a controversy over alleged copyright infringement involving Anita Dube and poet Aamir Aziz.
New York Judge Keeps Key Aspects of Suit Against OpenAI AliveRuling partially favors plaintiffs in copyright infringement case against OpenAI and Microsoft, highlighting credible allegations of content misuse.
Leading Indian artist Anita Dube accused of 'intellectual theft' after using protest poem in Delhi gallery showThe Indian art world is embroiled in a controversy over alleged copyright infringement involving Anita Dube and poet Aamir Aziz.
Jack Dorsey and Elon Musk Call for Abolition of "All IP Law"Intellectual property rights are essential for empowering individuals and small businesses against powerful entities.
Jack Dorsey Calls for End to Intellectual Property Law | EntrepreneurIntellectual property law is under debate as AI advances, with calls for its abolition from notable figures like Jack Dorsey and support from Elon Musk.
A TikToker sues Roblox for using her viral Charli XCX dance without permissionCreator of viral dance suing Roblox for unauthorized use of choreography.
Bad trip coming for AI hype as humanity tools up to hit backThe dismissal of IP law by tech leaders ignores its vital role in innovation and commerce.
Elon Musk and Jack Dorsey want to kill IP law. That would be a huge mistakeJack Dorsey and Elon Musk's call to 'delete all IP law' raises concerns about intellectual property rights and creative incentives.
Who Wants Weak IP Laws? An Economic AnalysisIP laws are seen by some as barriers that protect monopolies rather than fostering innovation or competition.
Jack Dorsey and Elon Musk Call for Abolition of "All IP Law"Intellectual property rights are essential for empowering individuals and small businesses against powerful entities.
Jack Dorsey Calls for End to Intellectual Property Law | EntrepreneurIntellectual property law is under debate as AI advances, with calls for its abolition from notable figures like Jack Dorsey and support from Elon Musk.
A TikToker sues Roblox for using her viral Charli XCX dance without permissionCreator of viral dance suing Roblox for unauthorized use of choreography.
Bad trip coming for AI hype as humanity tools up to hit backThe dismissal of IP law by tech leaders ignores its vital role in innovation and commerce.
Elon Musk and Jack Dorsey want to kill IP law. That would be a huge mistakeJack Dorsey and Elon Musk's call to 'delete all IP law' raises concerns about intellectual property rights and creative incentives.
Who Wants Weak IP Laws? An Economic AnalysisIP laws are seen by some as barriers that protect monopolies rather than fostering innovation or competition.
Heartbreaking: Elon Musk Just Made a Great Point About Free SpeechElon Musk's actions on Twitter emphasize the complexities and contradictions surrounding free speech in the digital age.
Federal Circuit Reverses PTAB Win for Apple, Finding Board Erred in Its Applicant-Admitted Prior Art AnalysisCAFC reversed PTAB ruling, stating AAPA cannot be solely used as a basis in determining patent unpatentability.
Lost Profits for Unpatented Products Dry Up in Wash WorldLost profit damages for patent infringement can include profits from unpatented products when they are functioning components of a patented product.
PHOSITA is no Ordinary PersonThe concept of PHOSITA in patent law is increasingly unrealistic, affecting fairness and predictability.
Don't Get Lazy, Timely Complete Your ArgumentsThe Federal Circuit highlights the implications of statutory estoppel in patent challenge proceedings under 35 U.S.C. § 315(e)(1).
Can Judge Hughes Course Correct the CAFC on Prosecution Laches?Prosecution laches may render patents unenforceable despite adherence to timelines, contradicting statutory protections.
Convoyed Sales: Federal Circuit Washes Away $2.6M in Patent DamagesThe Federal Circuit clarified the distinction between apportionment and convoyed sales in patent damages, reducing a jury's award significantly.
Federal Circuit Reverses PTAB Win for Apple, Finding Board Erred in Its Applicant-Admitted Prior Art AnalysisCAFC reversed PTAB ruling, stating AAPA cannot be solely used as a basis in determining patent unpatentability.
Lost Profits for Unpatented Products Dry Up in Wash WorldLost profit damages for patent infringement can include profits from unpatented products when they are functioning components of a patented product.
PHOSITA is no Ordinary PersonThe concept of PHOSITA in patent law is increasingly unrealistic, affecting fairness and predictability.
Don't Get Lazy, Timely Complete Your ArgumentsThe Federal Circuit highlights the implications of statutory estoppel in patent challenge proceedings under 35 U.S.C. § 315(e)(1).
Can Judge Hughes Course Correct the CAFC on Prosecution Laches?Prosecution laches may render patents unenforceable despite adherence to timelines, contradicting statutory protections.
Convoyed Sales: Federal Circuit Washes Away $2.6M in Patent DamagesThe Federal Circuit clarified the distinction between apportionment and convoyed sales in patent damages, reducing a jury's award significantly.
Patent Issuance Timeline AcceleratedThe USPTO's new patent issuance timeline significantly enhances efficiency for inventors and patent holders.
New USPTO Group to Crack Down on Threats to U.S. Patent SystemThe USPTO established a working group to mitigate patent fraud, enhancing the integrity of the patent system.
Whither Discretionary Denials? Read the Tea Leaves, or Follow the Bread Crumbs? (Part II)The new interim procedure changes how discretionary denials are handled in IPR proceedings, focusing solely on those issues before the main merits are debated.
Back to Fintiv? The USPTO's Shifting Approach to Discretionary Denials in PTAB ProceedingsUSPTO has reversed course on discretionary denials, influenced by workforce changes and the Fintiv framework.
USPTO Acting Director Expands on Reasoning for New Interim PTAB 'Workload Management' ProcessThe USPTO has introduced interim procedures for PTAB workload management to enhance efficiency and decision quality.
The Return of Robust Discretionary DenialsActing USPTO Director Stewart's decision signals increased discretionary denials for inter partes reviews based on case specifics.
Patent Issuance Timeline AcceleratedThe USPTO's new patent issuance timeline significantly enhances efficiency for inventors and patent holders.
New USPTO Group to Crack Down on Threats to U.S. Patent SystemThe USPTO established a working group to mitigate patent fraud, enhancing the integrity of the patent system.
Whither Discretionary Denials? Read the Tea Leaves, or Follow the Bread Crumbs? (Part II)The new interim procedure changes how discretionary denials are handled in IPR proceedings, focusing solely on those issues before the main merits are debated.
Back to Fintiv? The USPTO's Shifting Approach to Discretionary Denials in PTAB ProceedingsUSPTO has reversed course on discretionary denials, influenced by workforce changes and the Fintiv framework.
USPTO Acting Director Expands on Reasoning for New Interim PTAB 'Workload Management' ProcessThe USPTO has introduced interim procedures for PTAB workload management to enhance efficiency and decision quality.
The Return of Robust Discretionary DenialsActing USPTO Director Stewart's decision signals increased discretionary denials for inter partes reviews based on case specifics.
This Overlooked Legal Tool Can Protect Your Most Sensitive Data | EntrepreneurThe law of confidence is a crucial legal tool for safeguarding non-public information, independent of contractual agreements.
Google Declines to Respond to Cellspin SCOTUS Petition Seeking Recusal Based on Judge's Financial Interests in Tech GiantCellspin Soft argues that due process errors involving recusal based on financial conflicts are structural and thus, cannot be considered harmless.
I Know I'm Going to Love a Brief That Repeatedly Cites Marbury v. MadisonThe case Xerox v. Facebook raises questions about the PTAB's adherence to district court claim constructions, invoking judicial review's principles from Marbury v. Madison.
Seymour's Shadow: Reviving the Supreme Court's Standard for Prior Art EnablementBurden of proof in patent enablement lies with the challenger, yet strong presumption of enabling prior art shifts duty to patentee.
Google Declines to Respond to Cellspin SCOTUS Petition Seeking Recusal Based on Judge's Financial Interests in Tech GiantCellspin Soft argues that due process errors involving recusal based on financial conflicts are structural and thus, cannot be considered harmless.
I Know I'm Going to Love a Brief That Repeatedly Cites Marbury v. MadisonThe case Xerox v. Facebook raises questions about the PTAB's adherence to district court claim constructions, invoking judicial review's principles from Marbury v. Madison.
Seymour's Shadow: Reviving the Supreme Court's Standard for Prior Art EnablementBurden of proof in patent enablement lies with the challenger, yet strong presumption of enabling prior art shifts duty to patentee.
'Aloha is not for sale': Native Hawaiian group tackles cultural appropriationNative Hawaiians seek to stop businesses from profiting off their culture through trademarking phrases and symbols.The movement is supported by a newly formed working group to protect Native Hawaiian traditions.
I have $30 million in net worth, but is $10 million in general liability insurance enough for me?Alex Jones lost his appeal against a $1.4 billion defamation judgment, raising concerns about legal exploitation of wealthy individuals.
'I'm going to go down swinging': Meet the Florida entrepreneur taking on Trump's tariffs in courtEmily Ley's lawsuit challenges Trump's tariffs as harmful and unlawful, representing the struggles of small businesses impacted by international trade policies.
HP settles deceptive pricing lawsuit for a pittanceHP agrees to pay $4 million to settle a class-action lawsuit over deceptive pricing tactics, but denies any wrongdoing.
'I'm going to go down swinging': Meet the Florida entrepreneur taking on Trump's tariffs in courtEmily Ley's lawsuit challenges Trump's tariffs as harmful and unlawful, representing the struggles of small businesses impacted by international trade policies.
HP settles deceptive pricing lawsuit for a pittanceHP agrees to pay $4 million to settle a class-action lawsuit over deceptive pricing tactics, but denies any wrongdoing.
The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke UniversityHBO faces potential legal challenges from Duke University regarding the use of a T-shirt logo in 'White Lotus'.The situation raises questions about trademark infringement versus artistic freedom.
CAFC Affirms Dismissal of Opposition to iVoters Marks But Hints USPTO Should Reconsider RegistrationThe CAFC upheld the TTAB's decision dismissing opposition against iVoters marks, emphasizing that prior-use marks weren't protectable.
The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke UniversityHBO faces potential legal challenges from Duke University regarding the use of a T-shirt logo in 'White Lotus'.The situation raises questions about trademark infringement versus artistic freedom.
CAFC Affirms Dismissal of Opposition to iVoters Marks But Hints USPTO Should Reconsider RegistrationThe CAFC upheld the TTAB's decision dismissing opposition against iVoters marks, emphasizing that prior-use marks weren't protectable.
Federal Circuit Affirms Trade Secret/ Contract Damages Award But Remands for Interest CorrectionPrejudgment interest should start from the date of actual financial injury, not just when the lawsuit was filed.
Plagiarism Panic Hits The Courtroom (Again), And It's Still Nonsense - Above the LawLawyers can misuse cases in many ways, but copying public filings is not one of them.
Federal Circuit Affirms Trade Secret/ Contract Damages Award But Remands for Interest CorrectionPrejudgment interest should start from the date of actual financial injury, not just when the lawsuit was filed.
Plagiarism Panic Hits The Courtroom (Again), And It's Still Nonsense - Above the LawLawyers can misuse cases in many ways, but copying public filings is not one of them.
A&O Shearman Drew A Very Strange Line In The Sand - See Also - Above the LawThe Firm's $125M Capitulation Has A Very Small Asterisk: No free work on trade deals!That's Way Too Many Pro Boner Hours: Attorney may have gotten caught streaming 60+ hours of porn at work.
EFF Urges Third Circuit to Join the Legal Chorus: No One Owns the LawNo one can own the law, ensuring public access to essential safety regulations.
EFF Urges Court to Avoid Fair Use Shortcuts in Kadrey v. Meta PlatformsThe EFF argues that the Kadrey v. Meta case may undermine fair use defense for AI developers by challenging how training materials were obtained.
British authors want Meta to answer for alleged copyright infringementUK authors protest against Meta's alleged copyright infringement involving AI training datasets.
Writing for humans? Perhaps in future we write for AIThomson Reuters won a partial summary judgment against Ross Intelligence for unauthorized use of copyrighted Westlaw content.
Creator of Charli XCX's Apple dance sued Roblox over unauthorized useKelley Heyer has sued Roblox for using her copyrighted dance without finalizing a license agreement.
EFF Urges Third Circuit to Join the Legal Chorus: No One Owns the LawNo one can own the law, ensuring public access to essential safety regulations.
EFF Urges Court to Avoid Fair Use Shortcuts in Kadrey v. Meta PlatformsThe EFF argues that the Kadrey v. Meta case may undermine fair use defense for AI developers by challenging how training materials were obtained.
British authors want Meta to answer for alleged copyright infringementUK authors protest against Meta's alleged copyright infringement involving AI training datasets.
Writing for humans? Perhaps in future we write for AIThomson Reuters won a partial summary judgment against Ross Intelligence for unauthorized use of copyrighted Westlaw content.
Creator of Charli XCX's Apple dance sued Roblox over unauthorized useKelley Heyer has sued Roblox for using her copyrighted dance without finalizing a license agreement.
Designers say plans for UK copyright law risk running roughshod' over sectorProposed copyright law overhaul threatens UK design industry, say leading designers.
ROSS Intelligence Appeals Originality, Fair Use Rulings in Thomson Reuters AI Legal Tool LawsuitROSS Intelligence challenges copyright rulings by Judge Bibas on originality and fair use regarding legal research materials in a bid for an interlocutory appeal.
Designers say plans for UK copyright law risk running roughshod' over sectorProposed copyright law overhaul threatens UK design industry, say leading designers.
ROSS Intelligence Appeals Originality, Fair Use Rulings in Thomson Reuters AI Legal Tool LawsuitROSS Intelligence challenges copyright rulings by Judge Bibas on originality and fair use regarding legal research materials in a bid for an interlocutory appeal.
PatCon 13, April 10-12PatCon 13 is the largest annual patent conference, featuring keynotes and awards for leaders in patent law.The event is free for academics, students, and government attorneys.
You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate ReviewThe Federal Circuit affirmed the invalidation of three AliveCor patents, impacting AliveCor's market position.
How District Courts Are Approaching Alice's Failure to Define 'Abstract Ideas'The courts are correctly applying the evidentiary burden for determining patent eligibility under the Alice standard.
PatCon 13, April 10-12PatCon 13 is the largest annual patent conference, featuring keynotes and awards for leaders in patent law.The event is free for academics, students, and government attorneys.
You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate ReviewThe Federal Circuit affirmed the invalidation of three AliveCor patents, impacting AliveCor's market position.
How District Courts Are Approaching Alice's Failure to Define 'Abstract Ideas'The courts are correctly applying the evidentiary burden for determining patent eligibility under the Alice standard.
NIH cuts triggered a host of lawsuits: Nature's guide to what's nextNIH faces lawsuits over cancelled grants and delays due to Trump's executive order targeting diversity-related funding.
NIH Appeals Block on Rate Change ProposalNIH's funding cap for indirect research costs faces legal challenges and significant pushback from academic institutions.
NIH cuts triggered a host of lawsuits: Nature's guide to what's nextNIH faces lawsuits over cancelled grants and delays due to Trump's executive order targeting diversity-related funding.
NIH Appeals Block on Rate Change ProposalNIH's funding cap for indirect research costs faces legal challenges and significant pushback from academic institutions.
A wine importer, pipe-maker, and fishing gear shop want to take down Trump's tariffsOwner-operated businesses are challenging Trump's tariffs, claiming they are unconstitutional and exceed executive power.
Senate Judiciary Committee to Consider Bills Targeting Pharma Patents and PricingCongress is reviewing drug patent regulation legislation based on refuted data.The Center for American Principles warns against bills influenced by misleading drug market data.
Senate Judiciary Committee Advances Pharma Patent Bills IP Advocates Say are Backed by Faulty DataSenator Lee expressed concerns over proposed drug patent bills potentially undermining due process while addressing drug pricing issues.
Senate Judiciary Committee to Consider Bills Targeting Pharma Patents and PricingCongress is reviewing drug patent regulation legislation based on refuted data.The Center for American Principles warns against bills influenced by misleading drug market data.
Senate Judiciary Committee Advances Pharma Patent Bills IP Advocates Say are Backed by Faulty DataSenator Lee expressed concerns over proposed drug patent bills potentially undermining due process while addressing drug pricing issues.
Other Barks & Bites for Friday, April 4: CAFC Corrects Date of Public Accessibility in Trade Secret Appeal; Sixth Circuit Issues Divided Opinion in Data Privacy Appeal; and OpenAI Urges Broad Copyright Exception in UKThe Federal Circuit clarifies patent rights affecting royalties and trade secrets in significant legal precedents.
Financial advisor who lost 2m of investors funds in unauthorised stock market transactions jailedA financial advisor was jailed for six years after losing €2 million from property investors in unauthorized transactions.
Yes, Academic Job Loss Really Is Different (opinion)Executive orders are causing a generational loss in higher education, impacting both knowledge and scholars' livelihoods.