Bite (noun): more meaty news to sink your teeth into.
Bark (noun): peripheral noise worth your attention.
John and Tami White’s (PCT+ Learning Center, Harness IP) Maltese, Yorkie, Poodle mix, Monty
This week in Other Barks and Bites: a California district court dismisses a class action copyright lawsuit against Google; an AI lobby group launches a campaign to defend AI against copyright lawsuits; and the National Academy of Inventors announces top 100 universities for granted utility patents.
Bites
District Court Dismisses Proposed Class Action Against Google Over Copyrighted AI Training Data
On Thursday, June 6, a California district court dismissed a proposed class action that accused Google of misusing copyrighted data to train its generative AI chatbot Bard. The district judge cited concerns raised in a similar complaint filed against Microsoft and OpenAI and overlap in plaintiffs between the case against Microsoft and Google as justification for the dismissal. In this case, Google was accused of using data from social media and Google platforms to train its AI.
McDonald’s Not Allowed to Use Big Mac Trademark for Chicken Sandwiches in EU
On Wednesday, June 5, the European Court of Justice (ECJ) issued a ruling in favor of Irish fast food chain Supermac’s that revokes McDonald’s Big Mac trademark in the European Union in regards to poultry products. The European Union Intellectual Property Office (EUIPO) had previously partially upheld the mark, but the ECJ annulled and altered the decision. “The evidence which was submitted by McDonald’s does not provide any indication of the extent of use of the mark in connection with those goods (chicken sandwiches),” wrote the ECJ.
National Academy of Inventors Announces Yearly Top 100 Universities for Granted Utility Patents
On Monday, June 3, the National Academy of Inventors (NAI) released its annual Top 100 U.S. Universities Granted U.S. Utility Patents for 2023. The University of California system was a distant number 1, followed by MIT and the University of Texas system. “As we look at the current and future state of innovation in our nation, we need to ensure that the U.S. is remaining competitive in the international innovation ecosystem,” said Paul R. Sanberg, FNAI, President of the NAI, “protecting intellectual property is a key component to this.” The list uses calendar year patent data from the U.S. Patent and Trademark Office (USPTO).
WHO Releases Report on Health and Intellectual Property
On Monday, June 3, the World Health Organization (WHO) released a report of a global survey and plan of action on health, innovation, and intellectual property. In the report, the WHO addresses the controversial TRIPS Agreement, with 40% of countries surveyed responding that their national legislation did not benefit from the flexibility of TRIPS. Article 27 of TRIPS, covering patentable subject matter, was the most commonly used by countries’ legislations. The full report is available here.
Barks
AI Lobby Group Launches Campaign to Defend Fair Use and ‘AI Creativity’
On Thursday, June 6, lobbying group Chamber of Progress announced a new campaign called Generate and Create “to combat the growing legal and policy copyright threats against generative artificial intelligence.” The group launched the campaign after a wave of concerns and lawsuits related to generative AI and potential copyright infringement. The campaign will provide legal advocacy, policy advocacy, and a public relations campaign.
AAA and A24 Settle Trademark Dispute
On Wednesday, June 5, film studio A24 and the American Automobile Association (AAA) settled their trademark dispute. The case began when AAA accused the film studio’s AAA24 discount program of infringing on its trademark. The case was dismissed with prejudice and thus cannot be refiled.
The MLC Adds Distributors to Sound Recording Portal to Support Independent Musicians
On Monday, June 3, the Mechanical Licensing Collective announced the expansion of its Distributor Unmatched Recordings Portal, which now totals 2.8 million sound recordings. The expansion supports the Collective’s mission to support independent musicians and rights holders in securing their mechanical royalties. “The MLC helped me find money I had no idea that I had,” said singer-songwriter Kyle Hume. “As an independent artist, navigating the landscape of music royalties can be challenging. The MLC ensured I was receiving royalties I rightfully deserve.”
USPTO and UK IP Office Sign Agreement on SEPs Collaboration
On Monday, June 3, the USPTO and the UK IP Office signed a memorandum of understanding to provide a framework for collaboration on standard essential patents (SEPs). “This important collaboration with UKIPO will help us work together toward a fair and balanced international standard essential patent ecosystem that benefits all businesses in our two countries, including small and medium-sized enterprises and new market entrants,” said USPTO Director Kathi Vidal.
This Week on Wall Street
Nvidia Surpasses Apple in Market Cap Thanks to AI Boom
On Wednesday, June 5, chipmaker Nvidia leaped Apple to become the second most valuable company in the world, shooting up to a $3 trillion market cap. Nvidia’s rise has been bolstered by the rise in the AI industry with its advanced chips and the company’s own AI plays paying off. Nvidia has reported strong profit numbers in recent months and continues to announce further AI investments.
Former and Current OpenAI Workers Call for Whistleblower Safety
On Tuesday, June 4, former and current OpenAI and Google Deepmind workers penned an open letter calling for more transparency in the AI industry as well as protection for whistleblowers. The letter asks for regulators to step in to force major AI companies to be more transparent about their work and to put in protections that would guard the public. The authors wrote, “these risks range from the further entrenchment of existing inequalities, to manipulation and misinformation, to the loss of control of autonomous AI systems potentially resulting in human extinction.
Quarterly Earnings – The following firms identified among the IPO’s Top 300 Patent Recipients for 2023 are announcing quarterly earnings next week (2023 rank in parentheses):
- Monday: Oracle (48)
- Tuesday: None
- Wednesday: Broadcom (40)
- Thursday: Adobe (98)
- Friday: None
