Bloomberg Law

Twitter’s Threads Threat to Meta Turns on What’s Under the Hood

Twitter is threatening to sue Meta Platforms Inc. over its Threads app, raising the specter of costly trade secrets litigation in a sometimes-nebulous area of law.

Sarah Silverman, Authors Hit OpenAI, Meta With Copyright Suits

Comedian Sarah Silverman and a group of authors sued OpenAI, Inc. and Meta Platforms, Inc. for copyright infringement, claiming the companies’ artificial intelligence generators used the authors’ copyrighted books as training material without permission.

Medtronic Must Again Face Neurostimulation Patent Challenges

An administrative tribunal erred when it let Medtronic Inc. escape from a pair of patent validity challenges, a Federal Circuit panel ruled Monday, ordering the Patent Trial and Appeal Board to reconsider a competitor’s arguments that the patents cover an obvious innovation.

Texas Judge Won’t Require Funding Data in IP Edge Patent Lawsuit

A federal judge in Texas declined to force a company linked to patent-monetization company IP Edge LLC to disclose investors behind its suit against e-commerce platform Shopify Inc.

OpenAI’s Legal Woes Driven by Unclear Mesh of Web-Scraping Laws

OpenAI Inc. faces a barrage of lawsuits that will test the legality of web-scraping practices used by the artificial intelligence industry to soak up enormous volumes of data across the internet to train popular programs like ChatGPT and DALL-E.

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Medtronic Must Again Face Neurostimulation Patent Challenges

An administrative tribunal erred when it let Medtronic Inc. escape from a pair of patent validity challenges, a Federal Circuit panel ruled Monday, ordering the Patent Trial and Appeal Board to reconsider a competitor’s arguments that the patents cover an obvious innovation.

Prince, Andy Warhol, and Fair Use at the Supreme Court

Did Andy Warhol violate copyright law when he used a photo of Prince as source material? We explore the case, and the key consideration of "transformative use" in this video.

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The Ugly Fight Over A Federal Judge's Retirement

IN BRIEF

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Case: Patents/Stay (D. Del.)

The court granted IBM Corporation’s motion to stay Ebates Performance Marketing Inc.'s counterclaim patents for performing risk analysis, digital content downloading system using networks, and a method and apparatus for supporting multiple active sessions on a per user basis. IBM v. Rakuten Inc., 2023 BL 228698, D. Del., C.A. No. 21-461-GBW, 7/5/23

Case: Copyrights/Venue (D. Del.)

The court granted in part and denied in part The Young Turks Inc.'s motion to partially dismiss a photographer’s action for copyright infringement and to transfer venue to a federal district court in California.
Dermansky v. Young Turks Inc., 2023 BL 228675, D. Del., C.A. No. 22-345-GBW, 7/5/23

Case: Patents/Claim Construction (C.D. Cal.)

The court construed disputed claims in MPI LLC’s action against Sorting Robotics Inc. for infringement of patents for cone-shaped packages and packaging apparatuses used for loose plant matter, construing “paper cone,” “rim,” “fluid,” “access hole,” and “fluid pump.” MPI LLC v. Sorting Robotics Inc., 2023 BL 229082, C.D. Cal., LA CV22-07464 JAK PD (KSx), 7/5/23

Case: Trademarks/Procedure (D. Nev.)

The court granted Smith & Wesson Brands Inc. and Smith & Wesson Inc.'s motion to dismiss SW North America Inc.'s counterclaims for interference with business in this action for infringement of the “S&W” mark, and denied SW’s motion to dismiss. Smith & Wesson Brands Inc. v. SW North America Inc., 2023 BL 228769, D. Nev., 2:22-CV-1773 JCM (EJY), 7/5/23

Case: Patents/Summary Judgment (N.D. Ala.)

The court granted in part and denied in part Carpenter Bee Solutions and an individual’s motion for summary judgment and Davis Product Creation and Consulting LLC’s motion for partial summary judgment on a counterclaim in Davis Product’s action for patent infringement. Davis Prod. Creation & Consulting LLC v. Blazer, 2023 BL 228805, N.D. Ala., 1:19-cv-848-CLM, 7/5/23

Case: Patents/JMOL (D. Del.)

The court denied Express Mobile Inc.'s motions for judgment as a matter of law and a new trial in its action against GoDaddy.com LLC for willful infringement of patents directed to tools for displaying content on mobile devices. Express Mobile Inc. v. GoDaddy.com LLC, 2023 BL 228660, D. Del., 1:19-cv-01937-MFK, 7/5/23

Case: Patents/Obviousness (P.T.A.B.)

Challenged claims of Feinics Amatech Teoranta’s patent that describes a booster antenna for a smart card are unpatentable as obvious over prior art, the PTAB said, in an inter partes review by Infineon Technologies AG. Infineon Technologies AG v. Feinics Amatech Teoranta, 2023 BL 230054, P.T.A.B., IPR 2022-00417 , 7/6/23

Case: Patents/Obviousness (P.T.A.B.)

Claims of Motive Drilling Technologies Inc.'s patent for a system and method for defining a drilling path based on cost are obvious over prior art, the PTAB held, in an inter partes review by Nabors Drilling Technologies USA Inc. Nabors Drilling Technologies USA Inc. v. Motive Drilling Technologies Inc., 2023 BL 228618, P.T.A.B., IPR 2022-00288, 7/5/23

Case: Patents/Anticipation & Obviousness (P.T.A.B.)

Some claims of C.R. Laurence Co. Inc.'s patent that relates to vertical and horizontal framing members for framing glass doors, wall partitions and like structures, are unpatentable, the PTAB said, in an inter partes review by Frameless Hardware Company LLC. Frameless Hardware Company LLC v. C.R. Laurence Co. Inc., 2023 BL 228617, P.T.A.B., IPR 2022-003561, 7/5/23

Case: Patents/Obviousness (P.T.A.B.)

Challenged claims of Motive Drilling Technologies Inc.'s patent for a system for drilling a selected convergence path are unpatentable as obvious over prior art, the PTAB held, in an inter partes review by Nabors Drilling Technologies USA Inc. Nabors Drilling Technologies USA Inc. v. Motive Drilling Technologies Inc., 2023 BL 228616, P.T.A.B., IPR 2022-00289, 7/5/23