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The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. Fortinet Inc. ( Fed. Cir. 8/2/2023) 2023 U.S. App. LEXIS 19857.
Realtime owned several patents covering systems and methods for digital data compression. In 2017 and 2018, Realtime sued a number of entities in the District of Delaware for infringement of five of its patents. The defendants moved to dismiss Realtime’s complaints on the grounds that the claims in the patents were directed to patent-ineligible subject matter under 35 U.S.C. section 101. In 2019, the district court granted the defendant’s motion and held that all of the claims in the five patents were invalid.Continue Reading Federal Circuit Continues to Strike Down Patents as Abstract Ideas
A recent article in The Hollywood Reporter explores TV and movie studios’ potential use of AI for generating scripts. Scott Hervey and Jamie Lincenberg discuss this and other statements in the article on this episode of The Briefing.Continue Reading The Briefing: The AI Copyright Conundrum Continues – An Update
An Illinois judge rejected a copyright infringement claim brought by rapper Gutta, alleging that a song released by hip-hop artist Future infringed his rights. Scott Hervey and Jamie Lincenberg talk about this dispute on this episode of The Briefing.Continue Reading The Briefing: Judge Finds Lyrics and Themes “Guns, Money, and Jewelry” Too Commonplace for Copyright Protection
In JBrick, LLC v. Chazak Kinder, Inc. et al, 1-21-cv-02883 (EDNY Sep. 21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright.Continue Reading Court Rules Lego Creation Based on Religious Texts is Eligible for Copyright Protection