News of the Week

INTELLECTUAL PROPERTY

1. The Copyright Board’s Access Copyright Post Secondary Decision: The Incorrect Correction (Howard Knopf)
2. Oops, the Board did it again, and again, and again (Ariel Katz)
3. Moschino Counterpunches on Cardi B Paparazzi Pic
4. District Court Grants Judgment on the Pleadings, in Part, in Kanye West Copyright Suit
5. Let Go of My LEGOs: Copyright Protection for Plastic People
6. “Into the Garbage, Fly Boy”: A Review of the Star Wars Legal World; One Court at a Time
7. Expansion of UK copyright law for the fashion industry
8. Otto v. Hearst Communications Inc: District court denies attorneys’ fees to photographer who prevailed in copyright suit against Hearst Communications based on its unauthorized use of photograph of President Trump
9. Artist Sues Cannabis Company and Agencies Over Mural Used in Ads
10. No, Disney Probably Didn’t Infringe A Unicorn Van Artist’s Copyright, But It Would Have Sued If The Roles Were Reversed
11. Making waves: Copyright in ‘Wave Fabric’ can be protected as a ‘work of artistic craftsmanship’
12. I Scream, You Scream: Museum of Ice Cream Vindicated in Copyright Infringement Lawsuit
13. Failure to Register Copyrights in the U.S. Can Bar Statutory Damages for Infringements
14. A guide to intellectual property in the creative industries – protecting pitches, brands and concepts
15. IP Enterprise Court expands copyright protection for designs
16. Open access journals get a boost from librarians—much to Elsevier’s dismay
17. IPCom GMBH & CO KG v Vodafone Group PLC and others
18. Open Source Voice Assistant Promises To ‘Nuke From Orbit’ Patent Troll
19. Judge Shuts Down Copyright Troll’s Cut-And-Run Effort; Hits It With $40K In Legal Fees
20. Lost in the Amazon: how to combat trademark infringement in the e-commerce marketplace
21. Xiaomi Sues Sisvel in Beijing: The First Lawsuit Seeking a Determination of Chinese SEP Royalty
22. Presidents’ Day 2020: Presidential Patents Beyond Lincoln
23. Patentability 101: A Review of the 2019 Guidance and Update on Subject Matter Eligibility
24. Motivation to Combine Prior Art Can Come from Knowledge of those Skilled in the art, the Art Itself, or the Nature of the Problem
25. Top five cosmetic trends shaping IP in 2020
26. Top Issues in 2020: Trademark
27. Happy Valentines Day (Patents) 2020
28. Patentability in Canada: Federal Court of Appeal questions the fixed dosage amount vs dosage range distinction
29. The Best of the Decade – Canadian Patent Law in the 2010s
30. 2020 Outlook – Patents
31. Top Issues in 2020: Patents
32. The New Cybersquatters: The Evolution of Trademark Enforcement in the Domain Name Space (Michael Karanicolas)
33. Court Allows Chooseco’s Lawsuit Against Netflix Over ‘Bandersnatch’ To Move Forwar
34. Mills v. Netflix, Inc.: District court dismisses plaintiff’s DMCA claim of removal and altering of copyright management information
35. Susan Wojcicki Reveals YouTube Paid Out $3 Billion To Music Industry Last Year
36. Hughes v. Benjamin: Court dismisses copyright and DMCA claims, finding use of plaintiff’s YouTube video was for criticism and commentary, and therefore transformative fair use
37. Bell v. Chicago Cubs Baseball Club, LLC: District court grants motion to dismiss contributory infringement claim against Chicago Cubs based on retweet that allegedly copied key passage from plaintiff’s book.
38. A new spin on 3D printing can produce an object in seconds
39. Can computers invent? EPO says no to AI inventors
40. EPO rejects AI inventor patent applications
41. Can AI Be an Inventor? Not at the European Patent Office.
42. Why AI is crucial for patent searching and mining
43. A case study comparison of the AI chips patent landscape
44. Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 2
45. Intelligent (patent) agents: should the patent profession be afraid of AI?
46. Enforcing Cybertech Patents is Increasingly Possible, Even for Small Companies
47. Numerical Ranges: More Than Just Endpoints in Patent Process
48. UK Court Finds GTA V Cheat Makers Guilty of Copyright Infringement
49. Rockstar Joins Other Publishers In Misusing Copyright Law To Go After Cheat Developers For GTA5
50. Capital C Infringement of Capitol Records: EMI April Music Inc. v. 4MM Games, LLC, 2014 WL 1383468
51. Game Developer Decides Best Way To Get Back At Pirates Is To Pirate Them Back
52. Google Reportedly Paying Activision Blizzard $160 Million For YouTube’s Exclusive Livestreaming Rights
53. Disney wants developers to “reimagine” its IP for video games: Exec invites DICE Summit attendees to “come and play” with its catalogue
54. U.S. Patent no. 10,279,266: Monitoring game activity to detect a surrogate computer program

Jon

INTELLECTUAL PROPERTY

1. Downtown Music Publishing LLC v. Peloton Interactive, Inc.
2. “Pound Cake” Sampling Is Fair Use According to the Second Circuit
3. 2nd Circuit Appeals Court Upholds Drake Sampling Fair Use Victory, But Doesn’t Think It’s Useful For Anyone Else
4. Estate of James Oscar Smith v. Drake (USCA 2^nd Circuit, 2.3.20)
5. Transformative Editing as Fair Use Under Copyright
6. Google v. Oracle: Will Software Be Free?
7. Supreme Court Set to Hear Copywrite Arguments in “Google v. Oracle”
8. China and United States see eye to IP
9. Copyright Troll Lawsuit Over Duct Taped Banana Picture
10. Photo Of $120K Banana Art Leads To Copyright Fight
11. Seattle Kraken or Sockeyes: How Legal Implications May Influence Seattle’s Decision
12. Get Up, Stand Up, For Your Copyrights
13. Fashion designers to have more protection against copying
14. Can copyright protect your fabric design from copycats and competitors?
15. Making Waves: IPEC finds fabric design a work of artistic craftmanship
16. CJEU rules that the provision of e-books is an act of communication to the public
17. Caltech Ten-Figure Patent Verdict Showcases Impact of University Intellectual Property
18. Patenting Coronavirus Treatments
19. EU’s top court clarifies when a patent settlement agreement can infringe EU antitrust rules
20. You Mess With Me, You Mess With My Whole (Patent) Family
21. Express License of Patent Includes Implied License of Continuations
22. The six big ways the US and Europe differ on software patents
23. What will France’s PACTE law mean for patents?
24. Standard-essential patents in United Kingdom
25. The future of 5G patent licensing
26. Top Issues in 2020: 3D Printing and Additive Manufacturing
27. Government Looking in the Mirror: How to Do Better in IP Protection and Commercialization
28. Tech tools to draft patent applications could revolutionise IP proceedings
29. BREXIT’s Projected Impact on Intellectual Property Rights
30. Copyright Troll Richard Liebowitz Drops Case After Suing On Behalf Of The Wrong Party And Trying To Swap Plaintiffs 
31. Update on Allarco Litigation – Allarco’s Potential Exit Costs in the Federal Court (Howard Knopf)
32. Judicial Review: Impact of the Vavilov Judgment
33. The Speaker, the President, and the Case of (the) Ripped Up Speech (Jonathan Zittrain)
34. Ninth Circuit Rules that LinkedIn Cannot Block Data Scraping
35. Video Sharing Site Protected by CDA Immunity for Removal of Poster’s “Objectionable Material”
36. Can a Retweet Constitute Copyright Infringement? Uh….–Bell v. Chicago Cubs (Eric Goldman)
37. Two New Mass Copyright Lawsuits – Rambo: Last Blood & Angel Has Fallen
38. What Happens When a High-Tech Apparel Brand Shares the Same Name as the Company that Backed the Controversial Iowa Caucus App?
39. Downloading public court documents costs a dime a page—is that legal?
40. Google Maps gets new icon, tweaked UI for 15th bi
41. Electronic signatures – legally binding or not worth the paper they’re written on?
42. Facebook, YouTube order Clearview to stop scraping them for faces to match
43. Google Says Clearview’s Site Scraping Is Wrong; Clearview Reminds Google It Scrapes Sites All The Time
44. Clearview AI and the Legal Challenges Facing Facial Recognition Databases
45. Clearview Looking To Expand Its Market To Problematic Countries Known For Human Rights Abuses
46. Ajunwa to Congress: Help stop employers’ AI-fueled bias
47. AI isn’t just coming to the world of dating—it’s already here
48. Artificial Intelligence at the Patent Trial and Appeal Board
49. LAW’s Danielle Citron: How Campaigns Can Counter Deepfakes – Cybersecurity expert and MacArthur Fellow has devised an eight-point plan for political campaigns to protect against fabricated video and audio
50. Harvard Students Again Show ‘Anonymized’ Data Isn’t Really Anonymous
51. As The World Frets Over Social Media Tracking For Advertising, Young People Are Turning Fooling Sites Into Sport

Jon

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

INTELLECTUAL PROPERTY

1. How the Supreme Court’s New Standard of Review Will Impact IP
2. USMCA amendments: implications for Canadian IP law
3. Article 13: UK will not implement EU copyright law
4. Tom Kabinet: CJEU rules resale of e-books requires permission of copyright holder
5. CJEU judgement in Sky v Skykick (case C-371/18)
6. UK Government “has no plans” to implement the Copyright Directive
7. UK Says It Won’t Implement The EU Copyright Directive, Which Wouldn’t Have Passed Without Its Support During A Crucial Vote
8. Here’s why the UK is (finally) dumping Article 13 for good: The UK had plenty of opportunities to veto the controversial EU copyright legislation, so why did it wait so long to torpedo Article 13?
9. An IP Roadmap for Phase-One Sino-US Economic and Trade Agreement
10. Phase 1 U.S. China Trade Deal: Patent Provisions
11. PMPRB Publishes Draft Guidelines to Operationalize Amendments to the Patented Medicines Regulations
12. Court of Appeal clarifies rules for joint authorship of copyright
13. Fair Use and Fanatic Fans
14. Lego A/S v. Zuru, Inc.
15. Structured Asset Sales, LLC v. Sheeran
16. Two Cases Raise New Copyright Infringement Concerns for Internet Linking
17. #CopyrightInfringement: The Sequel
18. IP Insight: Is Linking to Radio Streams Online Copyright Infringement?
19. In ‘N Out Burger Continues Its BS Pop-Up Technique To Keep Trademarks It Isn’t Actually Using
20. SDNY: Collateral Estoppel Halts Social Media Patent Case
21. Conversant Wireless v Huawei: patents valid & essential
22. Competition between generics and originators – what’s the relevance of a patent?
23. Cannabis patent litigation update: construing cannabis claims
24. Recent Suit By US Olympic Committee Is Excellent Reminder Of Special Protection Afforded To The Words “Olympic” and “Paralympic”
25. Life sciences intellectual property: 2019 highlights
26. 2020 Intellectual Property Primer: Cases to Watch this Year
27. Tricks of the trade: Can you just do a quick search on …?
28. Update on Allarco’s “Unusual” Litigation (Howard Knopf)
29. YouTube Streamer Hit With Demonetization Over Copyright Claims To Numbers ’36’ And ’50’
30. Germany Wants To Limit Memes And Mashups Derived From Press Publishers’ Material To 128-by-128 Pixels In Resolution, And Three Seconds In Length
31. As We Get Closer And Closer To The EU Requiring ContentID Everywhere, More Abuses Of ContentID Exposed
32. Copyright As Censorship: Gun Rights Advocate Gets Video Taken Down With Bogus Copyright Claim
33. CBS Gets Angry Joe’s YouTube Review Of ‘Picard’ Taken Down For Using 26 Seconds Of The Show’s Trailer
34. 2019 Emoji Law Year-in-Review (Eric Goldman)
35. JLo Character Hustles Into Court Over Publicity Rights
36. Planning a Super Bowl-themed Marketing Campaign? 5 Tips for Staying In Bounds
37. Japanese court ups punishment for unlicensed Mario Kart-themed go-karts: Maricar must change its name, pay out $458k instead of $92k to Nintendo
38. Blizzard automatically owns any and all Warcraft 3: Reforged custom games
39. Blizzard now claims full copyright for player-made “custom game” mods
40. Warcraft 3 Reforged EULA gives Blizzard total ownership of all custom games: With the remake, Blizzard appears to be trying to avoid another Dota situation
41. Don’t Miss: How a ragtag band of modders restored Star Wars KOTOR II
42. EA ends support for mobile Tetris, Tetris Blitz
43. You Don’t Own What You Buy: The Tetris Edition

Jon

 INTELLECTUAL PROPERTY

1. IP Insight – Harry and Meghan Prioritise Trade Marks
2. Harry and Meghan seek global trademark for ‘Sussex Royal’ brand: Filings suggest plans for items and activities from clothing to ‘emotional support groups’
3. The “M” Word in Canadian Copyright Law – The “Mandatory” Matter (Howard Knopf)
4. Exceptional Circumstances Now Required for Extensions In Trademark Examination
5. Peppa Pig Owner Wins Copyright Infringement Case
6. Zazzle’s Insufficient Copyright Oversight Procedures Support Willful Infringement Finding
7. Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act
8. Federal Court dismisses patent infringement action for delay
9. Facebook Surges in U.S. Patent Rankings Due to Mounting AR Strategy
10. Trademark Opposition Stupidly Prevents Indians Pitcher Shane Bieber From Telling Everyone He’s ‘Not Justin’
11. Fair use or fair dealing? Where are we now?
12. A Blog’s RSS Feed May Not Grant an Implied Copyright License–MidlevelU v. Newstex (Eric Goldman)
13. CRISPR Patent – “Appeal Dismissed, Patent Revoked”
14. Breaking: EPO Board of Appeal upholds invalidation of Broad’s CRISPR-Cas9 patent
15. Patent battle over CRISPR
16. A Mixed Bag on New Rules – Juggling Copyright Preclusion and Patent Infringement
17. How Sonos’s case against Google could help shift the US patent narrative
18. Trade secret or patent protection – how do we decide?
19. Can newly discovered cannabis compounds be protected by patents?
20. Beat the Weeds: File Your Cannabis Trademarks in Canada
21. Intellectual Property Outlook: Cases and Trends to Follow in 2020 – PART 1
22. China update: IP section in the China-US trade deal (phase one)
23. EU Advocate General suggests pay-for-delay settlement agreements may be an abuse of dominant position
24. A new route to patent protection in Italy from July 2020
25. The EU Copyright Directive: Potential Copyright Liability and a “Best Efforts” Standard for Platforms
26. Why Is The NYC MTA Going After A Random Artist Who Created A Different Subway Map For Infringement?
27. Does the principle of exhaustion apply to digital media? The CJEU provides clarity
28. A Sale or Not a Sale? The Digital Advertising Debate
29. Biden wants Sec. 230 gone, calls tech “totally irresponsible,” “little creeps”: Biden had harsh words about tech, seemingly spurred by anger with Facebook.
30. Amazon retains world’s most valuable brand title by smashing through $200 billion barrier
31. Bombay High Court in a Landmark Decision Restrains Review Video by Youtuber and Emphasizes on Responsible Use of the Power of Social Media
32. Chinese court rules that AI article has copyright (Andres Guadamuz)
33. Update on Federal Register Notice on Artificial Intelligence (AI) Patent Issues
34. The rise of AI and WIPO consultation on intellectual property issues
35. Intellectual Property and Artificial Intelligence 
36. Nintendo Wins Battle with Pirates on UK Seas
37. Court Sides With Nintendo Over RomUniverse In Atttempt To Dismiss The Former’s Lawsuit
38. Court overturns $10.1 million verdict against Nintendo in Wii Remote lawsuit
39. Court reverses $10.1 million judgement against Nintendo in Wii patent case
40. Patent infringement ruling against Nintendo Wii Remotes overturned: Dallas federal court declares patent invalid, nullifies $10m payout to iLife Technologies
41. Crytek, Cloud Imperium battle over how to end Star Citizen lawsuit
42. Cloud Imperium responds to Crytek’s attempt to dismiss its own lawsuit: Star Citizen developer maintains engine providers claim “is and always has been meritless”
43. Disney confirms sale of FoxNext, Cold Iron Studios to Scopely: Acquisition does not include Fox IP licensed games, which will stay with Disney
44. U.S. Patent no. 10,278,001: Multiple listener cloud render with enhanced instant replay
45. U.S. Patent no. 10,279,252: Game execution environments

Jon

INTELLECTUAL PROPERTY

1. Appeals Court Makes The Right Call Regarding Non-Commercial Creative Commons Licenses
2. Notable Works Entering the Public Domain in 2020
3. Life + 70 Years: Copyrighted Works That Have Entered into the Public Domain in 2020 – Economic Rights Gone with the Wind
4. Harry and Meghan seek global trademark for ‘Sussex Royal’ brand: Filings suggest plans for items and activities from clothing to ‘emotional support groups’
5. Can Booking.com Trademark Its Company Name? How Will the U.S. Supreme Court Resolve Whether a Generic Term Plus a Top-Level Domain Is Protectable?
6. Carve It All Up: Compumark Report Shows Trademark Registrations, Claims Of Infringement Both Rising Fast
7. Smartphone Apps for Facebook, WhatsApp and Instagram declared patent infringing by German Court – The End of Social Networks?
8. Who owns the ink? Reproduction of tattoos in film, photographs and video games
9. Wells Fargo Twice Found Guilty of Willfully Infringing Patents on Remote Check Depositing Technology
10. Non-Prior Art Evidence May Be Used to Prove Inherency
11. When Merger Clauses Don’t Merge
12. A Different Analysis for Manufacturing Method Patents under the 35 U.S.C. § 271 (e)(1) Safe Harbor Provision?
13. Biosimilar Litigation Trends and Lessons Learned in 2019
14. Athena Diagnostics v. Mayo Collaborative Services
15. The EU should not contemplate abandoning the Unified Patent Court system
16. 2019 Will Go Down in History as “The Year of Change” in Canadian Trademark Law
17. 2019 Will Go Down in History as “The Year of Change” in Canadian Trademark Law Part II
18. Key Patent Decisions of 2019
19. Who Holds the Right to Exclude for Machine Work Products? (Garry Gabison)
20. When YouTubers Cry: Prince Concert Videos Deemed Not Fair Use
21. SEC Staff Issues Guidance on Technology, Data and Intellectual Property Risks in International Operations
22. Chinese court rules AI-written article is protected by copyright
23. Chinese Court Says AI-Generated Content Is Subject To Copyright Protection
24. Evolution of IP Protection for Artificial Intelligence in France
25. “Alexa, Can You Receive a Patent?”: Chris Mammen Discusses AI as Inventors in MIT Technology Review Article
26. Artificial Intelligence (AI) Machine can be an Inventor? EPO says NO!!!
27. AI Update: WIPO Begins Public Consultation Process on Artificial Intelligence and Intellectual Property Policy
28. How Years Of Copyright Maximalism Is Now Killing Pop Music
29. Game Dev Torrents Its Way To More Sales, Not Less
30. Terry Cavanagh has released the source code for VVVVVV on Github
31. YouTuber Extortion? MxR Plays v. Jukin – Real Law Review // LegalEagle
32. Toward a Critical History of Touch Feedback in Video Games (David Parisi)

Jon

INTELLECTUAL PROPERTY

1. What the amendments to the USMCA mean for Canadian IP law
2. 2019 Highlights in Canadian Life Sciences IP and Regulatory Law
3. Appeals Court Smacks Down Patent Troll Blackbird, Orders It To Pay $363k In Attorneys Fees To Company It Sued
4. In flashpoint for the rebellion against big tech, Sonos sues Google for patent infringement
5. Securing Copyright and Trademark Rights for Broadcasts and Promotions Related to NFL Championship Games and Super Bowl LIV (54)
6. George Gershwin’s Rhapsody In Blue Is In The Public Domain And Gerswhin’s Nephew Is Worried Someone Might Turn It Into Hip Hop
7. The Murkiness of the Public Domain
8. Tackling bad faith registration of domain names in a fast-changing landscape
9. Fox Factory v. SRAM – According to CAFC, No Presumption of Nexus for Bicycle Chainring Patents; IPR Decision Reversed and Remanded
10. The big IP stories you will be reading about in 2020
11. Oracle copied Amazon’s API—was that copyright infringement?
12. Turns Out Oracle Copied Amazon’s S3 APIs; When Confronted, Pretends That’s Different (Spoiler Alert: It’s Not)
13. SCOTUS Grants Google’s Cert Petition in Oracle API Dispute
14. Java API Classes as Fictional Characters – A Proposal for Google v. Oracle
15. EU top court rules out possibility to create second-hand marketplaces for content
16. Text and data mining under the digital copyright directive
17. New Tool Enables YouTubers To Snip Sections Of Videos That Have Been Copyright Claimed
18. Facing the Music: Protecting Photography in the Age of Instagram
19. Disappointing: Apple The Latest To Abuse DMCA 1201 To Try To Stifle Competition, Security Research, Jailbreaking And More
20. Can you resell an e-book online?
21. Redistributing E-Books Online Constitutes Copyright Infringement, Says Top EU Court
22. EU Patent Office Rejects Two Patent Applications In Which An AI Was Designated As The Inventor
23. Artificial Intelligence (AI) Patents – Will the Patent Office Change the Rules?
24. The U.S. Patent and Trademark Office Takes on Artificial Intelligence
25. WIPO Releases Draft Issues Paper on IP Policy for AI Inventions
26. Ex Parte Linden Gives a Boost to the Subject Matter Eligibility of AI inventions
27. USPTO Designates Ex Parte Linden as an Informative § 101 PTAB Decision
28. Class action lawsuits may be available for copyright infringement cases in some instances
29. Nintendo wins injunction against seller of Switch mod, pirated games: Defendent allegedly also sold modded NES Classic with over 800 games
30. Nintendo Responds To RomUniverse’s Lame Argument That First Sale Doctrine Makes The Site Non-Infringing
31. Crytek wants to dismiss its own lawsuit against Star Citizen developers
32. Crytek seeks to dismiss its own Star Citizen lawsuit until Squadron 42 launches: Creator of CryEngine believes Star Citizen’s single-player game will be delayed past June, moves for October trial
33. CD Projekt signs new agreement and ends dispute with The Witcher author: The game developer has the rights to the IP in video games, graphic novels, board games and merchandise
34. Take 2 Sues Fan Over Project To Finally Bring ‘Red Dead 1’ To The PC
35. Case Update: Iron Maiden Holdings Ltd. v. 3D Realms Entertainment ApS
36. At 10 million players, Xbox calls Sea of Thieves its most successful new IP this gen
37. U.S. Patent no. 10,275,947: Modifying a simulated character by direct manipulation

Jon

INTELLECTUAL PROPERTY

1. European Court of Justice’s Landmark Decision on the Resale of E-Books
2. U.S. Internet Access Provider Hit with a Billion Dollar Verdict for Copyright Infringement by its Subscribers
3. Internet Access Provider Gets Another Devastating Result in a Secondary Copyright Infringement Case – Sony v. Cox (Eric Goldman)
4. Huuuge Mistake in Contract Formation
5. Internet Access Provider Gets Another Devastating Result in a Secondary Copyright Infringement Case—Sony v. Cox (Eric Goldman)
6. Running Man Stars Suing Epic Games for Fortnite Dance
7. Fortnite Lawsuit a Battle Over Jack-o’-Lantern Figures
8. Sour Note: Mraz Sues MillerCoors for ‘I’m Yours’ Clip in Instagram Ad
9. Doctor’s Promotion of ‘Vampire Facial’ a Pain in Kim Kardashian’s Neck
10. Facebook Wants To License Official Music Videos — A Massive Draw On YouTube
11. YouTube Takes Down Chanukkah Parody Of Old Town Road… Because It Infringes On A Date?
12. Federal Court Blocks Unconstitutional Arkansas Law That Prevents Plant-Based Food Companies From Using Meat Words
13. Chris Cornell’s Widow Sues Soundgarden for Copyrights to Unreleased Songs
14. No Apologies: Marc Jacobs Pushes Back on Nirvana’s Copyright and Trademark Infringement Claims
15. IP Alert: Copyright Course Correction of the Year
16. Right of Publicity Punch: Bruce Lee Enterprises Sues Kungfu Catering
17. 2019 – The Copyright Year
18. The 2020 Intellectual Property Year in “Preview” Article
19. U.S. Patent no. 10,272,346: Bounded competitions in a video game framework

Jon