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In Opposing Gun Program, Lawmaker Omitted His Store Was Subject to It
One of two gun stores owned by Representative Andrew Clyde in Georgia, Clyde Armory in Athens, was placed in the monitoring program in 2020 and 2021.
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AI’s Artistry Denied: No Copyright for AI Author
Summary – The U.S. District Court for the District of Columbia upheld last week, in a first-of-its-kind case, the U.S. Copyright Office’s denial of an application to register an image purportedly generated entirely autonomously by an artificial intelligence system. While the opinion rejects copyright protection for works created solely by AI, there may still be…
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Conflicting Opinions: District Court Concludes EFTA and Regulation E Do Not Apply to Digital Asset Accounts Established for “Investment Purposes”
On August 11, in the case of Yuille v. Uphold HQ Inc., the Southern District of New York was tasked with determining whether the Electronic Funds Transfer Act (EFTA) applies to digital asset-based accounts. The court concluded there was no “account” as defined by EFTA because the digital asset account at issue was not established…
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Generative AI Cannot Meet Authorship Requirement for Copyright Protection, District Court Rules
A recent decision by Judge Beryl Howell in the United States District Court for the District of Columbia (“D.C. District Court”) affirmed that human authorship is required for copyright registration. In granting the United States Copyright Office’s (USCO) motion for summary judgment, the court agreed with the USCO’s denial of a copyright registration for a…
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Waymo and Cruise Receive CPUC Authorizations to Collect Fares for Autonomous Vehicle Rides in San Francisco
On August 10, 2023, the California Public Utilities Commission (CPUC) voted 3-1 to approve Resolution TL-19144 and Resolution TL-19145 (the “Resolutions”) authorizing Waymo LLC (Waymo) and Cruise LLC (Cruise), respectively, to collect fares for driverless AV rides in San Francisco, without time restrictions. Prior to the vote on the Resolutions, Waymo and Cruise were already…
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Can Enablement and Written Description Bars be Lower for Method-Of-Treatment Patent Claims?
Patent offices may reject a patent application with claims reciting using a composition to treat a disease, based on the requirement that the claimed treatment is not fully supported by the application. In the U.S., such support is required under the enablement and written description requirements in 35 U.S.C. § 112……By: Mintz
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Illinois Department of Public Health Notifies 126k People of Recent Data Breach
On August 18, 2023, the Illinois Department of Public Health filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that information belonging to certain residents was compromised. In this notice, IDPH explains that the incident resulted in an unauthorized party being able to…
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Health Care Service Corporation Files Notice of Data Breach Affecting 192,231 Individuals
On August 21, 2023, Health Care Service Corporation (“HCSC”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that confidential information that had been entrusted to HCSC was subject to unauthorized access….By: Console and Associates, P.C.
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Milan Eye Center Announces Data Breach at Third-Party Vendor, iMedicWare, Inc.
On August 23, 2023, Milan Eye Center notified the Attorney General of Maine that a vendor used by the company, iMedicWare, Inc., experienced a data breach, resulting in Milan Eye Center patient information being compromised. In this notice, Milan Eye Center explains that the incident resulted in an unauthorized party being able to access consumers’…
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2007 Medicare Part B Non-Facility Limiting Charge is Not a Fee Schedule, and Insurers Are Permitted to Use Rates Established by Participating Physicians Fee Schedule When Reimbursing Diagnostic Codes, Thus Certifying Conflict With the Third DCA
Progressive Express Ins. Co. v. SimonMed Imaging a/a/o Hilleri Brown, 6th District, Case No. 6d23-1145. L.T. Case No. 2020-SC-043217-O, (48 Fla. L. Weekly D990a) – This suit involved a dispute regarding application of the 2007 Participating Physicians Fee Schedule. SimonMed Imaging had performed a cervical MRI on Hilleri Brown in relation to injuries she sustained…
