News of the Week; February 5, 2020

INTELLECTUAL PROPERTY

  1. Conservative MP Dan Albas on Copyright Term Extension in USMCA: Government Needs to Mitigate Damage to Copyright Law (Michael Geist)
  2. Woman Threatens Rep. Steve King With A Lawsuit For Using A 12-Year-Old Meme On His Facebook Page
  3. Success kid’s mom won’t stand for Steve King’s “meme” ad: Laney Griner, mother behind the meme, sent cease-and-desist to the Iowa congressman.
  4. The EPO’s fourth law of robotics: a robot must not be the inventor of a patent
  5. EPO publishes reasons for rejecting AI as inventor on patent application
  6. Can your AI machine be an inventor? The EPO says no….
  7. Caltech wins $1.1 billion patent award against Apple and Broadcom
  8. Patent Re-examination in Canada: Court Takes Truck Argument Off the Road
  9. Seedlings Clarifies Key Patent Litigation Issues
  10. Federal Circuit Alters Landscape for Design Patent Litigation
  11. Kendall and Kylie Jenner “Klauber-ed” for Allegedly Infringing Lace Designs
  12. Blockchain and intellectual property – the de-centralised alliance
  13. Creative Interpretations of a Creative Commons License
  14. Do you want to build a snowman? No, but I’d like to protect one! IP for animated characters.
  15. BMI Settlement of Royalty Battle with RMLC to Include Music in Podcasts? – Not So Fast….
  16. Schrödinger’s Shades of Grey: the CJEU’s landmark paroxetine ruling – antitrust market definition and patent settlement agreements
  17. The United Kingdom will not implement the European Union Copyright Directive
  18. Will rejecting the EU’s new copyright directive #savetheinternet?
  19. It’s That Time Of Year: No, The NFL Can’t Stop Every Business From Using ‘Super Bowl’ In Every Instance
  20. Update to Trademark Practice in Canada
  21. How the New U.S.-Mexico-Canada Trade Deal (Mostly) Expands Intellectual Property Protections
  22. Brexit: Implications for IP
  23. Brexit & IP – status quo for the transition period; changes to come post-transition
  24. Brexit is a Done Deal: What Are the Implications for Your IP?
  25. Cofemel’s first UK outing – The wooly world of copyright and designs
  26. Risk of Electronic Device Search For Patent Attorneys and Inventors Crossing the US-Canada Border with Confidential Information
  27. File When Ready! Criteria for Determining if an Invention Should Be Patented
  28. Fifth Circuit Holds that Mitigation is Not an Absolute Defense to Statutory Damages for Copyright Infringement and DMCA Violations
  29. Ninth Circuit Affirms $3.9 Million Attorney’s Fees Award in Ultraman Copyright Dispute
  30. Competition between generics and originators – what’s the relevance of a patent? (Part II)
  31. Intellectual Property Outlook: Cases and Trends to Follow in 2020 – Part 2 
  32. Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin (Eric Goldman)
  33. YouTube Sends Cease-And-Desist To Facial Recognition Company That Scrapes Social Media Images For Law Enforcement
  34. The Digital Millennium Copyright Act: Protections for Copyright Owners and Online Service Providers
  35. RIAA, Stream-Ripping Sites Engaged In Dumb Game Of Whac-A-Mole With Search Engines
  36. Dune’s New Logo Started Disappearing From Twitter Due To Copyright Claims, But No One Is Quite Sure Why
  37. Disney’s Licensing Dogs Charge Underserved School District A Third Of Fundraiser Money For Playing ‘Lion King’ DVD
  38. Here are the 62 brand-new emoji for 2020
  39. Patent law’s approach to AI: finding the way forward
  40. Could Star Trek’s DATA Be a Patent Inventor?
  41. UK Intellectual Property Office finds that patent law does not cater for inventions created by AI machines and calls for debate
  42. Patenting Considerations for Artificial Intelligence in Biotech and Synthetic Biology – Part 2: Key Issues in Patent Subject Matter Eligibility
  43. Avast shutters data-selling subsidiary amid user outrage
  44. YouTube demands Clearview AI stop scraping its videos for facial recognition database
  45. Lawsuit Says Clearview’s Facial Recognition App Violates Illinois Privacy Laws
  46. NJ AG Bans Clearview AI – Preventing a Chain of Privacy Violations or Interfering with Clearview’s Intellectual Property?
  47. Nintendo switches it up with website blocking injunction
  48. Cheat software: Can publishers level the playing field? – Legal expert Dr Andreas Lober offers practical advice to publishers battling the rise of cheat software in online games
  49. Where now for Gears of War?: As franchise lead Rod Fergusson departs, Xbox commits to the IP and its studio
  50. U.S. Patent no. 10,279,260: Cut-scene gameplay

Jon