Patently-O

AUGUST 22, 2022

The indefiniteness-focused en banc petition in Nature Simulation Sys. Most en banc petitions are denied rather quickly. by Dennis Crouch. Autodesk, Inc., 4th 1334 (Fed. 2022) has now been pending for six-months. NSS improved upon the known “ Watson method ” with what it called the “ modified Watson method.”

Patent 54

Patent Litigation Law Invention 54

The IPKat

JUNE 20, 2023

In its latest judgment, LM (Demande reconventionnelle en nullité) (case C-654/21), the CJEU had the opportunity to further develop its case law on counterclaims for invalidity and revocation in response to an infringement action of an EU trade mark (see Art. 7(1)(b) EUTMR ) and is a customary term for the goods and services ( Art.

Art 87

Art Registration Law Licensing 87

Garrigues Blog

NOVEMBER 6, 2023

The exclusivity granted to the trademark owner is conditional upon the capacity of the mark in question to differentiate between different companies and services on the market. One of the essential functions of a trademark is to identify the commercial origin of products and services.

Advertising 52

Advertising Advertising Trademark Registration 52

Technology & Marketing Law Blog

AUGUST 1, 2023

The Ninth Circuit panel also strongly hinted that if the plaintiff wanted to pursue its arguments, it should file a petition for rehearing en banc. Instagram, LLC , 2023 WL 4554649 (9th Cir. July 17, 2023). For those reasons, I strongly suspect this will not be the last we hear of this case. The Facts The facts are relatively straightforward.

Blogging 95

Blogging Copying Social Media Copyright 95

Olartemoure Blog

MAY 31, 2021

For this reason, expecting market forces to swiftly stabilize the (now severed) economic flow that capitalism enables is probably wishful thinking. On February 24, the OECD carried out its 2021version of Competition Open Day, a virtual seminar that OlarteMoure had the privilege to attend. Main panel on competition policy in economic recovery.

Marketing 98

Marketing Marketing Government Designs 98

Olartemoure Blog

NOVEMBER 11, 2022

Regulatory decree 1074 of 2015 (Chapter 25). Title V of the Sole Circular of the Superintendency of Industry and Commerce. Regulatory decree 255 of 2022. This set of rules will be called “CGDPR”. The protection of personal information is mainly regulated by: . Cybersecurity Law. Data Security Law and Personal Information Protection Law.

Privacy 52

Privacy Law Intellectual Property Business 52

Garrigues Blog

FEBRUARY 7, 2022

Although trademarks may well coexist peacefully in some markets it is not always the case in other countries where their origin is less well known. This is illustrated by a recent dispute heard by the Supreme Court between two trademarks for butter and margarine from county Kerry in Ireland. Who is who?

Trademark 59

Trademark Marketing Marketing Blogging 59

LexBlog IP

SEPTEMBER 10, 2021

FDA accepts a carved-out label if the omissions “do not render the proposed drug product less safe or effective than the listed drug for all remaining, nonprotected conditions of use.” See GlaxoSmithKline LLC v. Teva Pharm. USA, Inc. , 4th 1320 (Fed. 2021) (“ GSK II ”) (Google Scholar link). GSK II , 7 F.4th

Marketing 52

Marketing Marketing Patent Publishing 52

Olartemoure Blog

OCTOBER 3, 2023

Specifically, the personal data processing activities disapprove by the German antitrust authority, were those related to the massive collection and processing of information from users of the social network Facebook, both directly on the platform and on other websites or applications (so-called “off-Facebook” data).

Law 105

Law Privacy Contracts Marketing 105

Kluwer Copyright Blog

APRIL 24, 2022

Imagen de Gordon Johnson en Pixabay. As EU law does not make protection of performances conditional on the performance of works, Member States are free to grant related rights for the performance of subject matter that is not protected by copyright. Performances and performers. Phonograms and phonogram producers.

Music 56

Music Copyright Related Rights Ownership 56

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation.

Settlement 52

Settlement Litigation Marketing Marketing 52

Olartemoure Blog

JUNE 16, 2022

Clogg says: “we speak, people hear us, and no long-term record of what we said exists. Even though there is no clear definition yet, the Metaverse entails a future in which personal and commercial life is conducted digitally in parallel with our lives in the physical world.

Social Media 52

Social Media Privacy Intellectual Property Music 52

Garrigues Blog

MAY 25, 2022

Can a company monopolize a certain way of presenting its articles to the market without having a recognized exclusive right? Can this company prevent competitors from including positive messages, animation and ornamental elements such as arrows or hearts on their products? This is precisely the subject of the debate in judgment no. Article 11.1

Law 52

Law Marketing Marketing Business 52

Technology & Marketing Law Blog

MAY 18, 2023

Overall, today was a better-than-expected day for the Internet’s short-term future. [FN: FN: I say the 2023 Super Bowl because the Supreme Court necessarily will be taking Internet Law cases every term for the foreseeable future, and each new Internet Law case they take has the capacity to rock our world.] Supreme Court [FN].

Social Media 137

Social Media Law Fair Use Blogging 137

Technology & Marketing Law Blog

MARCH 7, 2022

H&M Hennes & Mauritz, L.P. , 20-915, slip op. Accordingly, the Court vacated the Ninth Circuit’s opinion and remanded the case. The three dissenting judges would have dismissed the petition as improvidently granted, and two of them questioned the majority’s ultimate conclusion.). Factual and Procedural Background. 3d 1194 , 1196 (9th Cir.

Registration 75

Registration Blogging Copyright Designs 75

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Introduction. 2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Ochoa calls this a “preliminary” analysis, but that doesn’t mean it’s short!] Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. Simon & Schuster, Inc.

Copyright 118

Copyright Blogging Publishing Fair Use 118