Bloomberg Law

96-Year-Old Judge Deadlocks With Appeals Panel on Fitness Probe

A special committee of three Federal Circuit judges and the 96-year-old colleague whose mental fitness for the appeals court they’re investigating, Judge Pauline Newman, have failed to resolve her lawsuit against them through mediation, according to a status report filed Friday.

AI-Generated Art Lacks Copyright Protection, D.C. Court Says

Artwork created by artificial intelligence isn’t eligible for copyright protection because it lacks human authorship, a Washington, D.C., federal judge decided Friday.

Yuga Labs Wins Another Counterfeit Bored Ape Yacht Club NFT Case

The company behind the Bored Ape nonfungible tokens Yuga Labs Inc. won a nearly $194,000 default judgment award against a Nevada resident who took part in an effort to sell counterfeit Bored Ape NFTs.

Smartflash Loses Records Suit Over Enlarged Patent Appeal Panels

Smartflash LLC lost its lawsuit seeking US Patent and Trademark Office records about cases at its appeal board where the panel of judges was expanded.

Oher ‘Blind Side’ Royalty Bid Is Long Shot in Guardianship Fight

Former NFL star Michael Oher faces an uphill battle to access substantial “The Blind Side” movie royalties even if he successfully ends his allegedly deceptive and exploitative 19-year conservatorship.

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ChatGPT and Generative AI Are Hits! Can Copyright Law Stop Them?

Could America's intellectual property laws spell doom for the burgeoning field of generative AI? This video explores the brewing battle over copyright and artificial intelligence.

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Deepfakes Are Driving a Whole New Era of Financial Crime

Computer-generated children’s voices so realistic they fool their own parents. Masks created with photos from social media that can penetrate a system protected by face ID. They sound like the stuff of science fiction, but these techniques are already available to criminals preying on everyday consumers.

Fidelity & Guaranty Hit With Class Suit Over MOVEit Data Breach

Fidelity & Guaranty Life Insurance Co. failed to protect more than 873,000 people’s personal information that was exposed in a data breach connected to a cyberattack on Progress Software’s MOVEit file-transfer application, a proposed federal class action said.

Montana TikTok Ban Doesn’t Infringe Free Speech, State Says

Montana asked a federal court to allow its statewide TikTok ban to take effect, arguing that the ban was a legitimate exercise of the state’s police power and a valid response to concerns that the social media app funnels users’ personal information to the government of China.

The Ugly Fight Over A Federal Judge's Retirement


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Case: Trademarks/Registration (T.T.A.B.)

The TTAB affirmed an examining attorney’s refusal to register the mark “church boy to millionaire” for books, on the ground that the proposed mark is the title of a single creative work and thus doesn’t function as a trademark. In re Wood, 2023 BL 289154, TTAB, Serial No. 88388841, 8/15/23

Case: Copyrights/Injunctions (2d Cir.)

The court affirmed the decision of a federal district court denying an artist’s motion for a preliminary injunction and granting summary judgment to Vermont Law School in this action for violation of the Visual Artists Rights Act of 1990. Kerson v. Vt. Law Sch. Inc., 2023 BL 287475, 2d Cir., 21-2904, 8/18/23

Case: Patents/Claim Construction (D. Del.)

The court construed disputed claims in Genzyme Corp. and Aventis Inc.'s action against Novartis Gene Therapies Inc. and Novartis Pharmaceuticals Corporation for infringement of patents that concern the making of recombinant gene therapy vectors. Genzyme Corp. v. Novartis Gene Therapies Inc., 2023 BL 288214, D. Del., 21-1736-RGA, 8/18/23

Case: Trade Secrets/Procedure (S.D.N.Y.)

The court granted in part and denied in part TakeOne Network Corp. and its founders’ motion to dismiss an individual’s action for misappropriation of trade secrets, unjust enrichment, unfair competition, promissory estoppel, and other claims. Vogel v. TakeOne Network Corp., 2023 BL 287334, S.D.N.Y., 22-cv-3991 (ER), 8/16/23

Case: Patents/Obviousness (Fed. Cir.)

The court affirmed decisions of the PTAB that claims of Universal Electronics Inc.'s patents for relaying key code signals through a remote control device to operate an electronic consumer device are unpatentable, in inter partes reviews by Roku Inc. Universal Elecs. Inc. v. Roku Inc., 2023 BL 287459, Fed. Cir., 2021-1992, nonprecedential, 8/18/23

Case: Patents/Attorneys' Fees (E.D. Tex.)

The court denied U.S. Silica Company’s motion for attorneys’ fees in this patent infringement action against Amberger Kaolinwerke Eduard Kick GmbH & Co., because this isn’t an exceptional case based on litigation conduct and willful infringement. U.S. Silica Co. v. Amberger Kaolinwerke Eduard Kick GmbH & Co. , 2023 BL 285040, E.D. Tex., 2:20-CV-00298-JRG, 8/15/23

Case: Trademarks/Summary Judgment (E.D. Mo.)

The court granted in part and denied in part American International Group Inc.'s motion for summary judgment and denied A.I.G. Agency Inc.'s motion for partial summary judgment in this trademark infringement action relating to the mark “AIG.” A.I.G. Agency Inc. v. Am. Int’l Grp. Inc., 2023 BL 284719, E.D. Mo., 4:17-cv-01502-SEP, 8/16/23

Case: Copyrights/Standing & Fair Use (N.D. Tex.)

The court denied Frank Kent Country LLC’s motion to dismiss Viral DRM LLC’s action for infringement of its copyright in a video, because Frank Kent County didn’t show lack of standing or preclusion by the fair use doctrine.
Viral DRM LLC v. Frank Kent Country LLC, 2023 BL 284497, N.D. Tex., 3:23-CV-0250-D, 8/16/23

Case: Patents/Eligibility (D. Mass.)

The court granted in part and denied in part Wayfair LLC’s motion to dismiss Alto Dynamics LLC’s action for infringement of patents pertaining to searching and manipulating a database and monitoring the usage patterns of users of a system. Alto Dynamics LLC v. Wayfair LLC, 2023 BL 284421, D. Mass., 23-11351-NMG, 8/16/23

Case: Patents/Venue (Fed. Cir.)

The court denied First Alert Inc. and BRK Brands Inc.'s petition for a writ of mandamus directing a federal district court in Texas to grant their motion to transfer Walter Kidde Portable Equipment Inc.'s patent infringement action to Illinois. In re First Alert Inc., 2023 BL 285553, Fed. Cir., 2023 -137, nonprecedential, 8/17/23