Author name: Gary

District Courts, Patent Subject Matter Eligibility

B.E. Technology v. Google — Delaware Court Invalidates Last Targeted Advertising Patent Claim Under §101

A Delaware federal judge granted Google summary judgment on the last remaining claim of B.E. Technology’s targeted advertising patent, finding Claim 25 of U.S. Patent No. 8,769,440 directed to the abstract idea of providing real-time targeted advertising and lacking any inventive concept under the Alice/Mayo framework.

Copyright, EU Courts

Pelham v. Hütter (Pelham II) — CJEU Grand Chamber Defines ‘Pastiche’ Exception for Music Sampling, Requires ‘Recognizable Artistic Dialogue’

In the latest chapter of the 25-year Kraftwerk sampling dispute, the CJEU Grand Chamber held that the copyright ‘pastiche’ exception is not a catch-all but requires overt, recognizable artistic dialogue with the source work — with major implications for sampling, remix culture, and AI-generated content.

Federal Circuit, Utility Patent

VLSI Technology v. Intel — Federal Circuit Revives Multi-Core Patent Infringement Claims, Reverses Summary Judgment on Extraterritoriality and Prosecution Disclaimer

The Federal Circuit reversed summary judgment of noninfringement of a multi-core processor patent, holding that a pretrial stipulation establishing a 70% U.S. nexus applied to infringement — not just damages — and that prosecution history did not clearly disclaim the broader scope of apparatus claims.

Federal Circuit, Utility Patent

Definitive Holdings v. PowerTEQ — Federal Circuit Affirms Engine Tuning Patent Invalidity Under On-Sale Bar

The Federal Circuit affirmed that U.S. Patent No. 8,458,689 — covering methods and apparatus for reprogramming automotive engine controllers — was invalid under the pre-AIA on-sale bar, holding that source code commands are not hearsay and that selling a device embodying a patented method triggers the bar even if the device’s inner workings were not publicly disclosed.

Federal Circuit, IP Law, Trademark, Trademark, Federal

Fuente Marketing v. Vaporous Technologies — Federal Circuit Affirms TTAB Dismissal of X-Mark Trademark Opposition

The Federal Circuit affirmed the TTAB dismissal of cigar maker Fuente Marketing Ltd.s opposition to a vape-pen design mark, holding that despite overlapping goods and channels, the distinct commercial impression of Vaporous Technologies stick-figure design mark defeated likelihood of confusion with Fuentes standard-character X marks.

Copyright Fair Use, Third Circuit

ASTM International v. UpCodes — Third Circuit Holds That Online Publication of Copyrighted Building Standards Incorporated Into Law Is Likely Fair Use

The Third Circuit affirmed the denial of ASTM’s preliminary injunction, holding that UpCodes’ free online publication of copyrighted technical standards that have been incorporated by reference into building codes likely constitutes fair use — even though UpCodes is a for-profit company that reproduced the standards in full.

District Courts, Section 230

Bouck v. Meta — N.D. Cal. Holds Meta’s Generative-AI Advertising Tools Could Defeat Section 230 Immunity in Chinese Penny-Stock Pump-and-Dump

Chief Judge Seeborg denied Meta’s motion to dismiss claims by investors who lost more than $300 million to a Chinese penny-stock scam advertised on Facebook and Instagram, holding that Meta’s generative-AI advertising tool ‘Advantage+ Creative’ — which actually produced some of the ad text and imagery — raised a plausible factual dispute on whether Meta materially contributed to the offending content and thus lost Section 230 immunity.

District Courts, Section 230

The Upper Deck Co. v. Pixels.com — S.D. Cal. Holds Print-on-Demand Vendor Loses Section 230 Immunity for the Physical Sale of Infringing Prints, but Keeps It for Online Display and Search Tools

Chief Judge Bashant’s amended summary-judgment order in The Upper Deck Co. v. Pixels.com draws a clean line through Section 230 for print-on-demand platforms: when Pixels acts as a website operator displaying and indexing user-uploaded images, Section 230 immunizes it; when Pixels acts as the manufacturer, seller, and shipper of physical prints containing those same images, Section 230 does not.

Ninth Circuit, Section 230

McCarthy v. Amazon — Ninth Circuit Revives Sodium-Nitrite Suicide Suit Against Amazon; Section 230 Continues to Bar the Removed-Reviews Theory

An unpublished Ninth Circuit memorandum reverses the dismissal of product-liability, negligence, and NIED claims brought after two teenagers ingested sodium nitrite purchased from Amazon — but leaves intact the district court’s holding that Section 230 bars the part of the case premised on Amazon’s removal of warning reviews.

Section 230, State Courts

State v. Rauch Sharak — Wisconsin Supreme Court Holds Google Was a Private Actor, Not a Government Agent, When It Scanned a User’s Account for CSAM

The Wisconsin Supreme Court joined a near-unanimous national consensus that an electronic service provider that scans user accounts for child sexual abuse material and reports its findings does so as a private actor, not a government agent — and that neither Section 230 nor 18 U.S.C. § 2258A converts that activity into state action.

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