EYE ON WASHINGTON

Major Publishers Sue Google

Several major educational publishing companies—including Macmillan, Elsevier and McGraw Hill—sued Google in the U.S. District Court for the Southern District of New York, alleging contributory and vicarious copyright infringement, trademark infringement and violations of New York’s General Business Law.

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A Google ‘Bulldoze’?

Gemini Data, Inc., an AI software company, has sued Google, LLC in the U.S. District Court for the Northern District of California for trademark infringement, alleging that the rebranding of Google’s AI chatbot from BARD to GEMINI represents a “calculated decision to bulldoze over Gemini Data’s exclusive rights without hesitation.”

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Action on Infringement

The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 would essentially abrogate the 2006 Supreme Court ruling in  eBay v. MercExchange, a case that many patent owners argue has played a key role in weakening the value of patents.

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Patent, Trademark Backlog

U.S. Patent and Trademark Office Director Kathi Vidal published a director’s blog post July 11 addressing the office’s current backlog of patent and trademark applications, which the latest USPTO data show to be 785,387 unexamined applications/25.6 months total pendency for patents and 14.5 months total pendency for trademarks.

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Uncertain Victory?

SCOTUS’ ruling came in its May 9 decision on Warner Chappell Music v. Nealy, a case that asks whether a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit.

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An ‘EFF’ for Honesty

Efforts by high-tech companies to undermine both the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting Economically Vital American Innovation Leadership Act ramped up in mid-March, via a joint letter sent to the Senate Judiciary Committee by a number of tech industry organizations and a campaign launched by the Electronic Frontier Foundation.

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