IP Law Daily, STRATEGIC PERSPECTIVES: Recap of top IP law developments for May 2023, (Jun 7, 2023)
In case you missed the in-depth intellectual property law coverage in the May 2023 issues of IP Law Daily, here are highlights of the month’s most notable developments.
Long-awaited Supreme Court opinions on copyright fair use in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith and patent enablement standards for “broad genus” claims in Amgen, Inc. v. Sanofi made the biggest news in IP law last month, with both decisions sure to have far-reaching effects. Also noteworthy were two related Supreme Court decisions holding that social media providers Twitter, Facebook, and YouTube were not liable for aiding and abetting acts of terrorism. Those hoping for the Court to provide guidance on platform immunity under Section 230 of the Communications Decency Act will have to wait, however, as the Court decided that the lack of merits of the underlying claims made it unnecessary to weigh in on that controversial topic.
In other news, pop star Ed Sheeran prevailed in two closely watched copyright lawsuits, in which he had been accused of unlawfully copying elements of the late Marvin Gaye’s “Let’s Get It On.” A federal court of appeals held that a security research company’s reproduction of Apple’s iOS code to create iPhone simulation software for testing purposes was covered by the Copyright Act’s fair use provision. And a $285 million verdict in a trade secrets misappropriation case was vacated because the award was incorrectly based on the defendant’s unjust enrichment due to avoided costs.
Those and other top developments in IP law from last month are discussed in a Strategic Perspectives article available here.
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