IPilogue

NOVEMBER 15, 2022

Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. In their complaint , Hermès claims that the label “MetaBirkin” infringes upon their “BIRKIN” trademark and likely causes confusion in the minds of consumers that Rothschild’s products were “authorized, sponsored, or approved by Hermès.”

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

Kluwer Copyright Blog

JANUARY 17, 2024

For these reasons, authors such as Hao-Yun Chen , Peter Slowinski , and Begoña Gonzalez Otero seem to reject the protection of models under copyright law. However, in the EU there is another strong candidate for protecting model weights: the sui generis protection for databases established in Directive 96/9.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

Patently-O

MARCH 3, 2022

From the beginning of the Republic (1791), Congress has authorized temporary appointments in situations where the full nomination-confirmation process might take too much time to complete. Briefs: Arthrex Dir Authority – Arthrex Brief ; Arthrex Dir Authority – Smith & Nephew Brief ; USPTO Org Order.

Patent 63

Patent Law 63

Patently-O

JANUARY 31, 2024

The non-precedential opinion was authored by Judge Cunningham and joined by Judges Chen and Hughes. Denial of a preliminary injunction is given substantial deference on appeal based upon the abuse-of-discretion standard, although any potential legal errors made by the lower court are effectively reviewed de novo.

Marketing 59

Marketing Marketing Litigation Business 59

LexBlog IP

OCTOBER 15, 2021

The court also listed several other examples where “statutes are not always reciprocal to parties” and where “some authorize an appeal by one side but deny that right to the other side.” The Rey court disagreed, citing to case law which made no mention of an order denying the payment of money being appealable.

Litigation 52

Litigation Publishing Law Privacy 52

Patently-O

SEPTEMBER 8, 2021

The majority opinion is by Judge Reyna and joined by Judge Chen. In the end, the Federal Circuit found no authority to hear the appeal, and thus dismissed the appeal and denied the mandamus petition. ” 35 U.S.C. Sometimes a party subject to arbitration will still file their dispute in court. except during inter partes review.

Licensing 72

Licensing Patent Litigation Technology 72

Technology & Marketing Law Blog

JUNE 9, 2023

Perhaps the court means that HK should be punished for his “action” of giving authoring rights to third-party classmates or accepting new followers, but that can’t be the basis for disqualifying Section 230 because every UGC service necessarily does that. That’s an obvious Section 230 problem. Plaintiff A v.

Blogging 102

Blogging Litigation Publishing Marketing 102

Patently-O

OCTOBER 25, 2023

Judge Chen authored the majority opinion joined by Judge Linn, Judge Dyk wrote in dissent. But the appellate panel refused to comply and instead held that the arguments Netflix had purportedly raised before the PTAB had, in actuality, not been sufficiently raised below. Patent Nos. 9,270,720 and 9,998,515.

Art 49

Art Designs Design Invention 49

Technology & Marketing Law Blog

JANUARY 11, 2023

However, Plaintiffs presented no legal authority showing that the Court may revisit Defendants’ actions. Selected related blog posts : * High School Students Can Be Disciplined for Racist Private Instagram Account–Chen v. In other words, the school had discretion about how to proceed. The complaint. Albany School District.

Social Media 89

Social Media Blogging Litigation Marketing 89

Technology & Marketing Law Blog

APRIL 1, 2023

Moreover, Service asserts he is a joint author of, and possesses a joint copyright in, the Documentary, and he has asserted an affirmative defense which, if proven, would release him from language in the Agreement suggesting otherwise. Chen * Another 512(f) Claim Fails–Moonbug v. Babybus * A 512(f) Plaintiff Wins at Trial!

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Fish attorneys Jenny Shmuel , Philip Chen , and Kayleigh McGlynn authored a Biosimilar Development article, “ Regulatory And Legislative Actions Set The Tone For Biosimilars In 2021.” Authors: Philip Chen, Kayleigh McGlynn, Jenny Shmuel. FDA Addresses the COVID-19 Global Pandemic.

Settlement 40

Settlement Licensing Designs Design 40

IP and Legal Filings

NOVEMBER 8, 2022

Here the major concerns relate to invasion of privacy by tracking devices that are placed in all these smart cars to give back information to the authority letting them track the user without issuing a warrant. Chen, H. & A way through which we can implement this is the privacy by design principle. [37] 3] Stephen P. & Basu, S.,

Privacy 52

Privacy Technology Government Designs 52

Patently-O

OCTOBER 27, 2023

The majority opinion authored by Judge Chen and joined by Judge Taranto rejected the patentee’s arguments — providing two key conclusions: The prosecution history statements did not clearly limit the claim scope but rather were too ambiguous and vague to constitute a disavowal of claim scope.

Patent Prosecution 64

Patent Prosecution Art Patent Invention 64

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The Purple Book currently includes information on, e.g. , the date of approval, the type of BLA approved, and whether there are approved biosimilars or interchangeables. The Purple Book does not currently include any patent information, but that will change in the future per recent legislation, as discussed below.

Settlement 52

Settlement Litigation Marketing Marketing 52