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Copyright Office issued new guidance on Wednesday to clarify when artistic works created with the help of artificial intelligence are copyright eligible. "The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work," the office said. Generative AI systems like Midjourney, ChatGPT and DALL-E, which create text and images in response to human instructions, have recently skyrocketed in popularity. The office reiterated Wednesday that copyright protection depends on the amount of human creativity involved, and that the most popular AI systems likely do not create copyrightable work. The office also said that copyright applicants must disclose when their work includes AI-created material, and that previously filed applications that do not disclose AI's role must be corrected.
March 13 (Reuters) - Dish Network LLC (DISH.O) must pay $469 million for infringing two patents held by parental-control technology maker ClearPlay Inc related to filtering material from streaming video, a jury in U.S. federal court in Utah has decided. While jurors found that Dish's technology violated ClearPlay's patent rights, they rejected ClearPlay's contention that Dish copied its technology intentionally. Salt Lake City-based ClearPlay's technology lets users filter out adult content like sex, violence and drug use from DVDs and streaming video. Englewood, Colorado-based Dish said that AutoHop works differently from ClearPlay's patented technology. The case is ClearPlay Inc v. Dish Network LLC, U.S. District Court for the District of Utah, No.
Apple, Google, Cisco, Intel Corp (INTC.O) and Edwards Lifesciences Corp (EW.N) sued the PTO in the California federal court in 2020 over the rule. They argued it undermined the role inter partes review plays in "protecting a strong patent system" and violated federal law. Companies including Tesla, Honda, Comcast and Dell filed briefs at the Federal Circuit in support of the plaintiffs. The California court dismissed the case in 2021, citing U.S. Supreme Court rulings that Patent Trial and Appeal Board decisions on whether to review inter partes review petitions cannot be appealed. The case is Apple Inc v. Vidal, U.S. Court of Appeals for the Federal Circuit, No.
March 9 (Reuters) - Bytedance's TikTok Inc persuaded a federal jury in Los Angeles on Thursday that its Stitch feature does not violate trademark rights belonging to British video-editing company Stitch Editing Ltd. The jury rejected Stitch Editing's argument that TikTok confuses consumers by using the Stitch name to brand the popular social-media platform's technology for "stitching" videos together. It sued in 2021 over TikTok's Stitch technology, which allows users to splice other videos on the platform into their own. Stitch Editing told the court that TikTok's use of "Stitch" gave users the mistaken impression that the companies are affiliated and threatened to drown out its brand. The case is Stitch Editing Ltd v. TikTok Inc, U.S. District Court for the Central District of California, No.
In a 2021 complaint filed with the ITC, Dish and its Sling TV unit accused Peloton and iFit of infringing four patents for video-streaming technology through imports of products that stream at-home fitness content. President Joe Biden's administration has 60 days to review the import ban before it takes effect, though presidents rarely reverse such actions. Cheney found that the Peloton, Lululemon and iFit streaming-capable products infringed patents related to Dish's Hopper set-top boxes. Dish said its patents covered adaptive bitrate streaming technology that lets users stream content from around the world in real time "at the highest possible quality". The technology was developed by Move Networks Inc and was acquired by Dish in 2012, according to court papers.
The court also allowed testimony from an expert who said Meta owes Neural Magic as much as $766 million in royalties. Representatives for Meta and Neural Magic did not immediately respond to requests for comment on the decision. Meta asked the court to throw out the case last year, arguing Neural Magic had failed to identify any protectable trade secrets and that Zlateski had not acquired the information improperly. But the court on Monday allowed Neural Magic's case to continue for all but one of the 41 secrets it accused Meta of misappropriating. The case is Neural Magic Inc v. Meta Platforms Inc, U.S. District Court for the District of Massachusetts, No.
Hermes said in a court filing Friday that Rothschild has continued to market his NFTs despite the jury's verdict last month. Rothschild's attorney Rhett Millsaps said they will oppose Hermes' motion in court filings this week. Hermes sued Rothschild last year over his MetaBirkins, 100 NFTs associated with images depicting the bags covered in colorful fur. "Rothschild has continued acting as he has since November 2021 — brazenly violating Hermès's intellectual property rights," Hermes said. The case is Hermes International v. Rothschild, U.S. District Court for the Southern District of New York, No.
Circuit Court of Appeals upheld a U.S. Patent and Trademark Office (USPTO) ruling that "gruyere" can legally be used to describe cheese regardless of where it was made. The USPTO rejected a bid by two groups representing cheese producers from Switzerland and France for a mark that would restrict the use of "gruyere" to cheese from Gruyère itself. Gruyere cheese, "widely considered among the greatest of all cheeses," was first made in the Swiss district of La Gruyère in 1115, the court said. Switzerland's Interprofession du Gruyère and France's Syndicat Interprofessionnel du Gruyère asked the USPTO in 2015 to certify that gruyere cheese only comes from the Gruyère region. Circuit Court of Appeals, No.
March 1 (Reuters) - Roche's Genentech Inc (ROGING.UL) sued Biogen MA Inc on Tuesday in San Francisco federal court, claiming Biogen owes additional patent royalties from worldwide sales of its blockbuster multiple-sclerosis and Crohn's disease drug Tysabri. Genentech's lawsuit said Biogen owes royalties for all the Tysabri that was produced using Genentech's patents before the patents expired, even if it was sold later. According to Genentech, Biogen has refused to pay royalties on any Tysabri sales since the patents expired more than four years ago. It said Biogen owes royalties for "most or all" of the Tysabri sold in "2019 and beyond," which it said was made with the patented technology before the patents expired. The case is Genentech Inc v. Biogen MA Inc, U.S. District Court for the Northern District of California, No.
Feb 24 (Reuters) - A U.S. appeals court ordered Jazz Pharmaceuticals Inc (JAZZP.UL) on Friday to de-list a patent related to its blockbuster narcolepsy drug Xyrem from the U.S. Food and Drug Administration's register of approved medications, in a win for rival drugmaker Avadel CNS Pharmaceuticals Inc. The decision by the U.S. Court of Appeals for the Federal Circuit removes an obstacle for Avadel to sell its own narcolepsy drug Lumryz. Avadel stock was up 4.2% Friday afternoon following the ruling, and Jazz stock was down 1.4%. Jazz sued Avadel for infringing the patent and others in Delaware federal court in 2021, in a lawsuit that is still ongoing. The case is Jazz Pharmaceuticals Inc v. Avadel CNS Pharmaceuticals LLC, U.S. Court of Appeals for the Federal Circuit, No.
Feb 22 (Reuters) - Images in a graphic novel that were created using the artificial-intelligence system Midjourney should not have been granted copyright protection, the U.S. Copyright Office said in a letter seen by Reuters. The Copyright Office had no comment on the decision. Kashtanova wrote the text of "Zarya of the Dawn," and Midjourney created the book's images based on her prompts. The Copyright Office told Kashtanova in October it would reconsider the book's copyright registration because her application did not disclose Midjourney's role.
Meta can still appeal the verdict to a higher court. Representatives for Meta and Voxer did not immediately respond to requests for comment Wednesday. Voxer said Facebook cut it off from key features of the social media platform in 2013 and misused its technology in Facebook Live and Instagram Live, which launched in 2015 and 2016. Meta asked the court to overturn the verdict or hold a new trial. The case is Voxer Inc v. Meta Platforms Inc, U.S. District Court for the Western District of Texas, No.
An AliveCor spokesperson said the office of the U.S. Trade Representative told the company it would not veto the decision. Any ITC ban is still on hold while Apple and AliveCor continue to clash over the patents. AliveCor accused Apple of infringing three patents related to its KardiaBand, an Apple Watch accessory that monitors a user's heart rate, detects irregularities and performs an electrocardiogram to identify heart problems like atrial fibrillation. Apple Watch Series 4, 5, 6, 7, and 8 have ECG technology. AliveCor has separately sued Apple in California federal court for allegedly monopolizing the U.S. market for Apple Watch heart-rate apps, and filed a related patent infringement lawsuit against Apple in Texas federal court.
Feb 17 (Reuters) - Home security provider Vivint Smart Home Inc (VVNT.N) owes rival CPI Security Systems Inc $189.7 million for tricking its customers into moving to Vivint's service, a North Carolina jury decided Friday. The federal jury in Charlotte found Vivint sales representatives unlawfully deceived CPI customers into signing contracts with Vivint by falsely claiming that Vivint had bought the company. CPI said its customers would then unknowingly sign "high-priced, multi-year" contracts that Vivint made "impossible for customers to cancel." It told the court it competed fairly with CPI and that CPI customers had switched to Vivint for legitimate reasons. The case is CPI Security Systems Inc v. Vivint Smart Home Inc, U.S. District Court for the Western District of North Carolina, No.
[1/2] People pose with syringe with needle in front of displayed Moderna logo in this illustration taken, December 11, 2021. REUTERS/Dado Ruvic/IllustrationFeb 15 (Reuters) - The U.S. government should face a patent lawsuit over COVID-19 vaccines, not vaccine maker Moderna Inc (MRNA.O), the Department of Justice told a Delaware federal court on Tuesday. Moderna made the same argument last year in an unsuccessful bid to win an early dismissal of the lawsuit. Both Moderna and Pfizer Inc (PFE.N) have been the target of multiple patent lawsuits over their COVID vaccines, including a lawsuit brought by Moderna against Pfizer in August. The case is Arbutus Biopharma Corp v. Moderna Inc, U.S. District Court for the District of Delaware, No.
In August 2020, DoorDash launched retail delivery with chains like 7-Eleven and Walgreens. Editor's note: On Sunday, DoorDash is airing its second Super Bowl commercial to promote its grocery delivery business. Lately, DoorDash has its sights set on a new prize — dominance in retail and grocery delivery. "We have more retail stores, grocery included, than any other platform in North America today." DoorDashDoubleDashA year after launching grocery delivery, DoorDash introduced DoubleDash.
Feb 9 (Reuters) - A unit of medical device maker Medtronic plc (MDT.N) must pay $106.5 million to competitor Colibri Heart Valve LLC for patent infringement, a Santa Ana, California federal jury said Wednesday. The jury concluded after a seven-day trial that Medtronic CoreValve LLC's Evolut devices violate a Colibri patent for replacing heart valves in patients with heart disease, representatives for the companies confirmed Thursday. A spokesperson for Medtronic said the Minneapolis-headquartered company strongly disagrees with the verdict and will appeal. It alleged doctors use Medtronic's devices in a way that infringes Colibri's patent, which covers a method for controlling the deployment of self-expanding artificial heart valves. The case is Colibri Heart Valve LLC v. Medtronic CoreValve LLC, U.S. District Court for the Central District of California, No.
Meta and Dfinity asked the court Monday to dismiss the case with prejudice, which means it cannot be revived. Dfinity sued Meta last year, alleging the logo Meta adopted after changing its name from Facebook would cause confusion with Dfinity's infinity-symbol trademarks. Meta is still facing trademark lawsuits from virtual-reality company MetaX and investment firm Metacapital over its name change. The case is Dfinity Foundation v. Meta Platforms Inc, U.S. District Court for the Northern District of California, No. For Dfinity: Dennis Ellis, Keith Wesley and Katherine Murray of Ellis George Cipollone O'Brien AnnagueyFor Meta: Bobby Ghajar and Angela Dunning of CooleyRead more:Meta hit with trademark lawsuit over new infinity-symbol logoMeta defeats trademark lawsuit over infinity-symbol logoOur Standards: The Thomson Reuters Trust Principles.
Jacksonville, Florida-based ParkerVision sued Intel in Waco, Texas in 2020 for infringing several patents related to improved radio-frequency receivers. ParkerVision had said it pioneered the communications technology used in Intel's wireless chips in the mid-1990s. ParkerVision said Intel chips used in smartphones, including Apple's iPhone, infringe the patents. ParkerVision has also sued companies including Apple, Qualcomm and TCL for patent infringement over wireless chips and devices that use them. The ParkerVision case is ParkerVision Inc v. Intel Corp, U.S. District Court for the Western District of Texas, No.
SummarySummary CompaniesCompanies Law firms Getty said Stability scraped millions of images without a licenseNew complaint adds to actions against Stability over images used in AI training(Reuters) - Stock photo provider Getty Images has sued artificial intelligence company Stability AI Inc, accusing it in a lawsuit made public on Monday of misusing more than 12 million Getty photos to train its Stable Diffusion AI image-generation system. Getty declined to comment on the Delaware lawsuit. London-based Stability AI released Stable Diffusion, an AI-based system for generating images from text inputs, and image generator DreamStudio last August. The lawsuit also accuses Stability of infringing Getty's trademarks, citing images generated by its AI system with Getty's watermark that Getty says could cause consumer confusion. The case is Getty Images (US) Inc v. Stability AI Inc, U.S. District Court for the District of Delaware, No.
Nanoco and Chicago-based litigation funding firm GLS Capital said in a release that the settlement, which includes a license agreement and the "transfer of certain patents," resolves litigation in the United States, Germany and China. Nanoco's quantum dots improve the backlighting of LED displays without the use of toxic heavy metals like cadmium. The Texas lawsuit said Samsung began incorporating Nanoco's technology into high-end QLED TVs launched in 2017. Third-party funding of lawsuits has becoming increasingly common in recent years, though details about specific investments are rarely publicized. The case is Nanoco Technologies Ltd v. Samsung Electronics Co, U.S. District Court for the Eastern District of Texas, No.
They had hoped to represent a much larger class of artists who filed termination notices with UMG. A provision of U.S. copyright law allows artists to terminate agreements to transfer their copyrights and reclaim them after decades in some circumstances. Kaplan said Friday that the musicians could not represent a broader class of artists who sent termination notices to UMG with effective dates between 2013 and 2031. A related lawsuit filed against Sony Music by musicians including former New York Dolls singer David Johansen has been paused since 2021 for settlement discussions. The UMG case is Waite v. UMG Recordings Inc, U.S. District Court for the Southern District of New York, No.
U.S. District Judge Rodney Gilstrap said halting the lawsuit until the Patent Trial and Appeal Board reviews the patents would unnecessarily delay the court case and prejudice Caltech. Representatives for Samsung and Caltech did not immediately respond to a request for comment. The school's 2021 lawsuit alleges Samsung's Galaxy phones, tablets, watches and Wi-Fi-enabled Samsung products like televisions and refrigerators infringe its data-transmission patents. The Texas case is scheduled to go to trial in September. The case is California Institute of Technology v. Samsung Electronics Co, U.S. District Court for the Eastern District of Texas, No.
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Companies Apple Inc FollowJan 20 (Reuters) - A U.S. appeals court on Friday affirmed a decision to throw out a $308.5 million jury verdict against Apple Inc (AAPL.O) for allegedly infringing a patent related to digital rights management. PMC, a patent licensing company, first sued Apple for infringing several patents in 2015. He said PMC's patent was unenforceable because the company had used a "deliberate strategy of delay" in applying for the patent, representing a "conscious and egregious misuse of the statutory patent system." The Federal Circuit affirmed Gilstrap in a 2-1 ruling, finding that PMC's "inequitable scheme to extend its patent rights" had prejudiced Apple. Reporting by Blake Brittain in Washington Editing by David Bario and Matthew LewisOur Standards: The Thomson Reuters Trust Principles.
[1/3] The sun sets on the U.S. Supreme Court building after a stormy day in Washington, U.S., November 11, 2022. Solicitor General's input on a lower court decision that prevented Apple and Broadcom from arguing the patents were invalid at trial. Apple and Broadcom also told the Federal Circuit that they should have been allowed to challenge the patents' validity at trial. The companies appealed that decision to the Supreme Court last September. The case is Apple Inc v. California Institute of Technology, U.S. Supreme Court, No.
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