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In guidance that paves the way for future IP fights over AI inventions, the US Patent and Trademark Office said patents can cover AI-assisted inventions “for which a natural person provided a significant contribution,” Blake Brittain reports.
Determining when the invention is patentable should “focus on human contributions, as patents function to incentivize and reward human ingenuity,” according to the new guidance.
Patent and Trademark Office director Kathi Vidal said in a blog post that “the right balance must be struck between awarding patent protection to promote human ingenuity and investment for AI-assisted inventions while not unnecessarily locking up innovation for future developments.”
The rise of artificial intelligence has presented several novel questions in IP law. U.S. courts have determined that AI systems cannot receive patents for fully AI-generated inventions, but have not yet considered when a person can receive patents for inventions made with AI assistance.
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- U.S. District Judge Casey Cooper dismissed most of a lawsuit brought by Federal Circuit Judge Pauline Newman over her suspension from the appeals court. Newman, the country’s oldest federal judge, failed to convince Cooper that the suspension should be reversed or that an investigation into her competency should be taken out of her own court’s hands. Newman’s lawyer said she will appeal.
- Securities class-action law firm Levi & Korsinsky and its founding partners agreed to resolve a lawsuit accusing them of retaliating against a lawyer at the firm who sued for alleged sex discrimination. A filing did not show details of the collective agreement to dismiss the case. The firm had denied any wrongdoing.
- Hogan Lovells said its global revenue reached $2.68 billion last year, a record high for the firm. That marks a 10.3% increase from 2022, when the firm saw its revenue dip to about $2.43 billion.
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That’s how much the U.S. said it was paying monthly to maintain a superyacht it says belongs to a sanctioned Russian oligarch. Prosecutors want a federal judge to allow an auction for the seized vessel before a dispute over its ownership is resolved. Authorities in Fiji seized the 348-foot, $300 million Amadea in May 2022, pursuant to a U.S. warrant. The U.S. government’s effort to auction the vessel faces a legal challenge.
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A law firm that represents thousands of alleged Wells Fargo customers who claim they were misled about the bank’s overdraft fee policies has filed a class action contending that the American Arbitration Association has allowed Wells Fargo to evade accountability. AAA is not a defendant in the class action, writes Alison Frankel, but the plaintiffs firm McCune Law Group asserts that Wells Fargo has capitalized on AAA’s recently-adopted mass arbitration protocols to win the dismissal of thousands of arbitration claims. Frankel has the details, including some important context not included in the new complaint.
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“When it comes to intellectual property rights, imitation is not the sincerest form of flattery.“
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—Lawyer Moez Kaba, who is representing Berkshire Hathaway-owned Jazwares in a lawsuit accusing Build-A-Bear Workshop of ripping off its blockbuster Squishmallows toys. Jazwares says Build-A-Bear’s new Skoosherz plush toy line infringes its intellectual property rights. In its own lawsuit against Jazwares, Build-A-Bear said Skoosherz are based on its existing plush animals and that its advertising and marketing make clear who made them.
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- The 8th Circuit will hear Minnesota’s bid to revive its law banning gun permits for people under age 21. Cooper & Kirk’s Peter Patterson will argue for the challengers to the gun regulation, and Elizabeth Kramer of the Minnesota attorney general’s office will defend the state. The federal district court order last year invalidating the law was paused pending the appeal.
- U.S. District Judge Clifton Corker in Greeneville, Tennessee, is set to weigh a request from Tennessee and Virginia for a preliminary injunction against rules that bar prospective student athletes from negotiating payment deals for the commercial use of their name, image and likeness during the recruiting process. Corker declined earlier to issue a temporary restraining order.
- A 2nd Circuit panel will weigh New York’s bid to pause a trial judge’s order that knocked down a firearms rule curbing the purchase and possession of shotguns or rifles for people lacking “good moral character.” Amy Bellantoni, representing the challenger, urged the appeals court not to pause the trial judge’s order. Bellantoni told the court that New York still had a “plethora of objective factors” to regulate firearms.
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Court calendars are subject to last-minute docket changes.
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- Pharmaceutical Research and Manufacturers of America lost its lawsuit challenging a new program that allows Medicare to negotiate prices with drug companies for selected costly drugs. U.S. District Judge David Ezra in Austin, Texas, sided with the Biden administration in dismissing the trade association’s case, marking another victory for the administration in its defense of the negotiation program.
- A Massachusetts judge dismissed lawsuits by families accusing Harvard of mishandling the bodies of loved ones that were donated to its medical school and whose parts were then sold on the black market by the former manager of its morgue. Suffolk County Superior Court Judge Kenneth Salinger in Boston ruled the lawsuits failed to plausibly allege Harvard failed to act in good faith in handling the bodies or was legally responsible for ex-morgue manager Cedric Lodge’s “appalling” alleged conduct.
- Walmart and Energizer must face lawsuits from consumers and retailers accusing them of conspiring to raise prices of disposable batteries. U.S. District Judge P. Casey Pitts said plaintiffs plausibly alleged that in exchange for preferred treatment at its stores, Walmart pressured Energizer to inflate wholesale battery prices.
- U.S. District Judge Matthew Kennelly approved more than $104 million in settlements between major U.S. universities and a proposed class of students accusing the schools of favoring wealthy applicants for admission. Many other defendant schools have not settled. Brown, Columbia, Yale and other schools that settled have denied any wrongdoing.
- Bankrupt Brazilian airline Gol received a U.S. court’s permission to probe rival LATAM Airlines’ alleged effort to take advantage of Gol’s bankruptcy by trying to poach its aircraft, hire away its pilots, and discourage travel agents from booking customers’ flights with Gol. The judge said it was “preposterous” to believe that it was purely a coincidence that LATAM began its outreach the day after Gol’s bankruptcy filing.
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- Hogan Lovells hired corporate and finance partner Nicola Lemay in the firm’s Boston office from Foley Hoag. (Hogan Lovells)
- Lowenstein Sandler brought on Elinor Ramey as a D.C.-based partner in the firm’s private client services and tax groups. Ramey was previously at Steptoe. (Lowenstein Sander)
- Kirkland added investment funds partner Alex Amos in London. Amos, who focuses on credit funds, was previously at Macfarlanes. (Kirkland)
- Cozen O’Connor hired D.C.-based transportation and trade partner Patrick Rizzi from Hogan Lovells. (Cozen)
- Baker Botts picked up David Applebaum as a partner in the energy litigation practice group. Applebaum, who was previously with Jones Day, will be based in Houston. (Baker Botts)
- Melinda Rudolph joined Troutman Pepper’s health sciences transactional practice group as a partner. Rudolph was previously in solo practice. (Troutman Pepper)
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