
JDSUPRA » Intellectual Property Updates
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JDSUPRA » Intellectual Property Updates
3d ago
After several months of delays, the U.S. Copyright Office has published part two of its three-part report on the copyright issues raised by artificial intelligence (AI). This part, entitled “Copyrightability,” focuses on whether AI-generated content is eligible for copyright protection in the U.S....
By: Robinson+Cole Data Privacy + Security Insider ..read more
JDSUPRA » Intellectual Property Updates
3d ago
The Commissioner for Trademarks recently issued a precedential decision terminating a reexamination proceeding for the registrant’s failure to respond within a statutory time period, where there was insufficient justification to waive the response requirement. In re Trigroup USA LLC, Reg. No. 7094794 (Jan. 24, 2025) (Gooder, Comm’r for Trademarks)...
By: McDermott Will & Emery ..read more
JDSUPRA » Intellectual Property Updates
3d ago
You can pay for the dinner, but you cannot pick when, where or what we’re eating. At least that’s what a Magistrate Judge in the District of New Jersey decided last week in Harish v. Arbit, No. CV 21-11088-EP-AME, 2025 WL 354434 (D.N.J. Jan. 31, 2025), a patent dispute that resulted in the disqualification of two law firms from representing two defendants because the defense was funded, at least in part, by a non-party with an interest in the patent....
By: Faegre Drinker Biddle & Reath LLP ..read more
JDSUPRA » Intellectual Property Updates
3d ago
A motivational passage from Keith Bell’s book Winning Isn’t Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth Circuit’s ruling raises important questions about fair use, copyright enforcement, and Bell’s “serial litigant” status....
By: Weintraub Tobin ..read more
JDSUPRA » Intellectual Property Updates
3d ago
A motivational passage from Keith Bell’s book Winning Isn’t Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth Circuit’s ruling raises important questions about fair use, copyright enforcement, and Bell’s “serial litigant” status....
By: Weintraub Tobin ..read more
JDSUPRA » Intellectual Property Updates
3d ago
Addressing a preliminary injunction in patent litigation related to the Biologics Price Competition and Innovation Act (BPCIA), the US Court of Appeals for the Federal Circuit upheld the district court’s grant of a preliminary injunction, finding that there was a proper exercise of personal jurisdiction and that no substantial question of invalidity had been raised for the patents at issue that would prevent the injunction from issuing. Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals...
By: McDermott Will & Emery ..read more
JDSUPRA » Intellectual Property Updates
3d ago
Addressing this case for the third time, the US District Court for the District of Arizona found on remand that Jack Daniel’s was entitled to a permanent injunction after finding that VIP Products’ “Bad Spaniels” dog toy diluted Jack Daniel’s trademark and trade dress, despite VIP not having infringed those marks. VIP Products LLC v. Jack Daniel’s Properties Inc., Case No. CV-14-02057-PHX-SMM (D. Ariz. Jan. 21, 2025)....
By: McDermott Will & Emery ..read more
JDSUPRA » Intellectual Property Updates
3d ago
The US Patent & Trademark Office (PTO) issued additional guidance on the contribution of artificial intelligence (AI) in its January 2025 AI Strategy. Similarly, the US Copyright Office issued part two of its “Copyright and Artificial Intelligence” report, addressing the copyrightability of AI- or partially AI-made works. Both agencies appear to be walking a fine line by accepting that AI has become increasingly pervasive while maintaining human contribution requirements for protected works and...
By: McDermott Will & Emery ..read more
JDSUPRA » Intellectual Property Updates
3d ago
In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to pay a maintenance fee was unreasonable for adopting an inappropriate approach to assessing due care, failing to consider all…...
By: Smart & Biggar ..read more
JDSUPRA » Intellectual Property Updates
3d ago
On May 10, 2024, the United States Patent and Trademark Office (“USPTO”) published a new proposed rule that would require when a patent applicant submits a terminal disclaimer to obviate non statutory double patenting that the applicant agrees......
By: Womble Bond Dickinson ..read more