LexBlog IP

NOVEMBER 30, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc.

Settlement 52

Settlement Licensing Litigation Art 52

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 125

Litigation Reporting Settlement Government 125

IP Watchdog

MARCH 2, 2022

s suit against several standard-essential patent holders and their licensing agent, claiming violations of federal antitrust law and state law. Court of Appeals for the Fifth Circuit on Monday vacated and remanded a district court decision that had dismissed Continental Automotive Systems, Inc.’s

Licensing 111

Licensing Law Patent Patent Infringement 111

LexBlog IP

SEPTEMBER 20, 2021

In the attached article , we examine some of the differences between these types of marketplaces and business models, highlight some of the varying license terms of these marketplaces and discuss why IP owners who license their IP for NFTs often are best served by developing their own licenses to be used in connection with sale of their NFTs.

Licensing 40

Licensing IP Art Business 40

IP Watchdog

FEBRUARY 14, 2024

On February 12, the Mechanical Licensing Collective (MLC) filed a lawsuit against streaming music company Pandora Media in the Middle District of Tennessee seeking unpaid royalty fees for blanket licenses under the Music Modernization Act (MMA).

Licensing 69

Licensing Music Technology Litigation 69

IP Watchdog

OCTOBER 16, 2023

told the Patent Trial and Appeal Board (PTAB) that threats made by ASSA ABLOY Global Solutions “to file IPR petitions and a declaratory judgment action unless granted a free license to three valuable patents,” among other allegations, “runs directly counter to the purpose and goals of the post-grant administrative challenge system.”

Licensing 105

Licensing Patent Trademark Government 105

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software? How do you train AI tools?

Litigation 143

Litigation Copying Copyright Designs 143

Traverse Legal Blog

APRIL 6, 2022

” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game. The brand licensing deal apparently had a ‘term’ that expired. F1 did not renew the license. It is also a valuable and hard lesson for all NFT projects, brands, and IP owners.

Licensing 98

Licensing Trademark Contracts Branding 98

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With the spike in economic growth in the battery and electric vehicle (EV) industries, the IP world is seeing a commensurate spike in battery patenting activity. Ralph Phillips , and Daniel Tishman explore this growth and discuss considerations for companies protecting and defending their IP. Enforcement and litigation considerations.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

IP Watchdog

SEPTEMBER 30, 2021

On September 27, the National Music Publishers’ Association (NMPA) and online game platform provider Roblox announced that the two parties had settled ongoing copyright litigation in the Central District of California over Roblox’s unauthorized use of copyrighted music on its online gaming platform.

Music 105

Music Licensing Copyright Settlement 105

IP Watchdog

DECEMBER 26, 2021

This is Part II of a two-part article discussing FRAND (fair, reasonable, and non-discriminatory) licensing developments taking place in the United States in 2021. After a slow summer on the FRAND licensing front, the Court of Appeals for the Fifth Circuit’s ruling in the matter of HTC v. Read Part I here.

Licensing 78

Licensing Law Technology Litigation 78

LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

Licensing 52

Licensing Patent Confidentiality Registration 52

The IPKat

APRIL 14, 2024

Check out the latest IP events, news, and opportunities! Read the article here. The Licensing Executives Society International (LESI) annual conference will be held from 28 to 30 April 2024 in Madrid, Spain. 5 th IP Case Law Conference. Lecture ‘The Impact of Artificial Intelligence on IP Law in the World of Fashion’.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Licensing 67

Kashishipr

FEBRUARY 2, 2022

Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share. However, keep in mind that using your IP assets to support the current and future market position of your business can prove to be a major challenge. Managing the IP Portfolio Well.

Branding 98

Branding Brands Branding Business 98

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. Fish principals Hyun Jin (HJ) In, Ph.D. , Ralph Phillips , and Daniel Tishman explore these growing industries and offer considerations for companies protecting and defending their IP.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

IP Watchdog

NOVEMBER 4, 2021

It was another banner week in district court complaints, led primarily by a deluge of new IP Edge complaints—49 in all, by my count—including newer subsidiaries (like Wiesblatt Licensing or Hickory IP) and old mainstays like Moxchange and Tunnel IP (over a dozen entities in total).

Litigation 59

Litigation IP Patent Licensing 59

IP Watchdog

FEBRUARY 17, 2022

District Court for the District of Maryland when the court granted their request for a preliminary injunction enjoining enforcement of the Maryland Act, which essentially calls for compulsory licensing of electronic literary works to libraries on “reasonable terms”. The law went into effect on January 1, 2022. Copyright Act.

Publishing 128

Publishing Licensing Law Copyright 128

IP Watchdog

APRIL 10, 2024

A spate of recent lawsuits is shining light on how some generative AI (GenAI) companies are using copyrighted materials, without permission, as a core part of their products. Among the most recent examples is the New York Times Company’s’ lawsuit against OpenAI, which alleges a variety of copyright-related claims.

Licensing 126

Licensing Fair Use Copying Copyright 126

IP Watchdog

APRIL 21, 2023

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures.

Licensing 75

Licensing Intellectual Property Patent Patent Infringement 75

LexBlog IP

SEPTEMBER 2, 2022

Without thorough due diligence, purchasers may be exposing themselves and their companies to costly litigation, unforeseen limitations on use of the software and, even, unexpected competition. READ THE ARTICLE IN THE LICENSING JOURNAL HERE. READ THE ORIGINAL POST HERE.

Journalism 52

Journalism Licensing Due Diligence Ownership 52

The IPKat

MAY 5, 2024

The IPKat brings you the latest IP events, news, and opportunities! The Webinar will feature current program students presenting their latest articles on cutting-edge IP topics, as published in the Journal of Intellectual Property Law and Practice and The IPKat. This event will be held in-person only. Register here to attend.

Intellectual Property 62

Intellectual Property Intellectual Property Law IP Journalism 62

IP Watchdog

DECEMBER 21, 2023

With respect to patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2023 saw many interesting developments.

Licensing 59

Licensing Government Patent Patent Infringement 59

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Litigation Technology Patent 105

IP Watchdog

APRIL 23, 2023

The European Union is reportedly considering sweeping new regulations for the licensing and litigation of standard essential patents (SEPs), which make fair-minded observers wonder whether any sane adults are in charge at the European Commission (EC).

Patent 131

Patent Licensing Litigation Marketing 131

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

IP Tech Blog

FEBRUARY 15, 2023

There are, however, several challenges related to obtaining IP protection for algorithms in China. Lack of IP protection may expose the development to theft, infringement and misuse by Chinese competitors and it may result in huge economic losses for the developers. licensing, assignment, JVs, cooperation and co-development etc.)

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Top 10 Most Read IPilogue Articles Published in 2021.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

The IPKat

JUNE 30, 2022

In IP infringement cases, the compensation of extrajudicial/out-of-court costs is a tricky subject. This creates tension with two rights provided under the Enforcement Directive ( Directive 2004/48 ), namely the right of compensation of damages as mentioned in article 13 and the right to be reimbursed legal costs as set out in article 14.

Cease and Desist 89

Cease and Desist IP Law Licensing 89

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. For example, companies pursuing patent protection in both the US and the EU should keep in mind a few key differences between these two jurisdictions to avoid losing valuable IP rights. In Europe, Article 123(2) EPC sets very strict requirements for amendments to patent applications.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

IP Watchdog

DECEMBER 27, 2023

In Part I of our year end summary of key developments regarding patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, we looked at various developments involving patent pools and reviewed some interesting damages awards and interlocutory decisions.

Licensing 64

Licensing Patent Litigation Technology 64

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

IP Watchdog

FEBRUARY 1, 2022

Nevertheless, there is an alarming new trend of states pursuing laws that would force publishers, many of whom are also authors, to grant licenses to public libraries for access to their digital works, such as eBooks and audiobooks.

Licensing 116

Licensing Law Copyright Copyright Law 116

LexBlog IP

APRIL 13, 2022

If so, you should consider the caveats and points highlighted in this brief article before finalizing your license or purchase. You may not get everything you think you’re entitled to get, and you may even be unknowingly exposing yourself and your company to costly litigation and unexpected competitors.

IP 52

IP Due Diligence Ownership Licensing 52

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

Litigation 82

Litigation Law Patent Invention 82

The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IP Watchdog

SEPTEMBER 8, 2021

Yet – as most IP-rich companies know – leveraging the value of intellectual property to secure a financing has traditionally been very hard to do. Yes, the litigation finance industry offers capital to intellectual property owners who need to finance the tremendous expense of intellectual property enforcement litigation.

Intellectual Property 75

Intellectual Property IP Marketing Marketing 75