IP Law 360

NOVEMBER 7, 2023

District Court Judge Jed Rakoff "wrongly focused on questions of intent" throughout his trial rather than whether the NFTs at the center of the case were protected free speech. The non-fungible token creator found liable for ripping off Hermes' Birkin bag told the Second Circuit that U.S.

Non-Fungible Tokens 75

Non-Fungible Tokens 75

TorrentFreak

JANUARY 26, 2024

One of the stores While the hardware itself is not illegal, the sellers also promoted free trials and paid subscriptions through stickers on these streaming boxes. Upon receipt of the STB, the investigator messaged Defendants at the WhatsApp number on the sticker on the box and requested a free trial of the Services.”

Cease and Desist 90

Cease and Desist False Advertising Advertising Advertising 90

IIPRD

APRIL 2, 2024

INTRODUCTION The World Trade Organization (WTO) since its establishment has ratified more than 300 regional and bilateral Free-Trade Agreements (FTA). [i] vii] Hence, the potential FTA between India and the European Free Trade Association (EFTA) [viii] becomes a point of discussion too from the national front.

Intellectual Property 105

Intellectual Property Branding Brands Branding 105

IP Law 360

DECEMBER 3, 2021

stole "enormous swaths" of the legal database's proprietary content through a free trial subscription period to make its own set of data. Leopard Solutions is claiming litigation finance company Legalist Inc.

Litigation 98

Litigation 98

JD Supra Law

AUGUST 31, 2023

The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board invalidating two patents: one as anticipated because disclosure of a genus anticipated the claimed species, and the other as obvious because the prior art did not disparage the claimed invention and therefore was not a “teaching away.”

Invention 68

Invention Art Patent 68

JD Supra Law

AUGUST 25, 2023

Appeal from the Patent Trial and Appeal Board. Summary: No teaching away when art does not disparage invention and free samples cannot count as commercial success. INCEPT LLC v. PALETTE LIFE SCIENCES, INC. Before Newman, Schall, and Taranto. By: Knobbe Martens

Invention 52

Invention Art Patent 52

IP Watchdog

JUNE 9, 2022

Patent and Trademark Office’s (USPTO’s) Director’s Blog published a post authored by USPTO Director Kathi Vidal announcing that the agency is now receiving applications from inventors seeking free legal assistance to bring ex parte appeals of patent examiner rejections to the Patent Trial and Appeal Board (PTAB).

Inventor 105

Inventor Blogging Publishing Trademark 105

IP Law 360

AUGUST 22, 2023

The chair of a Chinese semiconductor maker testifying in a federal criminal trial over allegations it conspired with a Taiwanese company to steal trade secrets from U.S.-based

Intellectual Property 52

Intellectual Property IP Technology 52

IP Law 360

DECEMBER 19, 2022

The Trademark Trial and Appeal Board issued a precedential decision clarifying when free speech rights can and can't be grounds for refusing trademarks, and federal courts weighed in on several closely watched disputes including cases over Meta's infinity-loop logo and Hailey Bieber's skincare line.

Trademark 72

Trademark 72

The IPKat

JANUARY 31, 2023

The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. Confidentiality in clinical trials.

Confidentiality 134

Confidentiality Public Use Patent Application Invention 134

JD Supra Law

AUGUST 24, 2023

In affirming final written decisions of the Patent Trial and Appeal Board (PTAB) in two inter partes reviews (IPRs), the Court of Appeals for the Federal Circuit (CAFC) ruled that only actual product sales count toward a showing of commercial success. Incept LLC v. Palette Life Sciences, Inc., 21-2063 (Fed.

Patent 52

Patent 52

TorrentFreak

JANUARY 4, 2022

Following a jury trial, the company was ordered to pay a billion dollars in damages to a group of major record labels. Soon after this initial delay, the coronavirus pandemic hit causing the trial to be postponed even further until 2022. This week both parties submitted their ‘voir dire’ questions for potential trial jurors.

Music 140

Music Copyright Infringement Copyright Copying 140

IP Law 360

OCTOBER 18, 2023

The owner of a patent for mobile hotel keys is asking the Patent Trial and Appeal Board to shoot down Assa Abloy's challenge to its intellectual property, arguing the company should be sanctioned for trying to "extort" it for a free license.

Intellectual Property 40

Intellectual Property Licensing Patent 40

Nelligan Law

JUNE 23, 2023

The contractor sued the appellants, seeking payment for the remaining 65 months of the contract.  The Trial Judge’s Decision The trial judge sided with the contractor finding that the contract did not have a termination provision and clearly and unambiguously provided for a 72-month fixed term. 

Contracts 81

Contracts Law Blogging 81

TorrentFreak

AUGUST 16, 2021

Through various links and advertisements, people are lured into signing up for a website that offers ‘free’ movies, sports events, or books. As part of this process, they are eventually asked to provide their credit card details to start a free trial. subscription payment after the five-day trial ends.

Advertising 143

Advertising Advertising Branding Brands 143

Chicago IP

MARCH 16, 2023

The AIA Trials and Litigations Committees of the Intellectual Property Law Association of Chicago (IPLAC) are hosting a March Madness Happy Hour today, March 16, 2023 from 5:30 p.m. The event is free for Members and $25.00 to 7:30 p.m. at Kindling Downtown Cookout & Cocktails, 202 S. Franklin St., Chicago, IL 60606.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Litigation Law 52

43(B)log

FEBRUARY 8, 2024

As alleged: Sirius XM satellite radios are pre-installed in 84% of all new automobiles, with each buyer automatically provided a free trial. Once the car-buyer’s free trial ends, Sirius offers a lot of plans, often at a promotional price (for instance, “3 mos. for $1 then $23.99/mo.”).

Music 59

Music Contracts Advertising Advertising 59

IP Watchdog

AUGUST 11, 2021

Numbers were relatively stable last week, with the district courts seeing 57 new patent filings and the Patent Trial and Appeal Board (PTAB) seeing 25 petitions (two post grant reviews [PGRs] and 23 inter partes reviews [IPRs]). in an apparent litigation-free freedom-to-operate action. against BTL Healthcare Technologies A.S

Litigation 105

Litigation Patent Technology Intellectual Property 105

IP Law 360

JUNE 6, 2023

Gilead's ex-general counsel testified Tuesday in a "pay for delay" antitrust trial over its HIV drug patent deal with Teva, saying he never calculated a dollar value for the royalty-free license Gilead gave Teva, which ultimately gave Teva six months on the generics market ahead of competitors.

Licensing 40

Licensing IP Marketing Marketing 40

IPilogue

JUNE 24, 2022

You stole the trade secrets to set up a new BPA-free coating company in China with Weihai Jinhong Group, her Chinese corporate partner, where both parties received millions in grants from the Chinese government to support the new business. Economic espionage has profoundly affected the US economy.

Intellectual Property 105

Intellectual Property Government IP Reporting 105

Intellectual Property Law Blog

DECEMBER 14, 2023

the case addresses the weight the Patent Trial and Appeal Board (PTAB) should give to the intended purpose of a primary reference when evaluating a Person of Ordinary Skill in the Art’s (POSITA) motivation to combine that primary reference with secondary references. In Medtronic, Inc., Medtronic Vascular, Inc.,

Designs 147

Designs Design Invention Patent 147

Copyright Lately

OCTOBER 3, 2022

Oracle , should have been decided by the trial judge. But first, here’s a quick recap of the trial verdict: How We Got Here. As I wrote last week , the deck was stacked against the defendants before trial even started. The first one to go was the de minimis defense, which the court rejected before trial.

Fair Use 80

Fair Use Designs Design Licensing 80

Technology & Marketing Law Blog

NOVEMBER 20, 2022

Regarding public interest/incidental use: “Seamless’s website is not a free directory of “encyclopedic” knowledge, but rather provides information only if there is a commercial transaction.” The website allows users to search for names in the database, but then seeks to charge once a user has exhausted their free credits.

Advertising 103

Advertising Advertising Blogging Reporting 103

TorrentFreak

NOVEMBER 1, 2023

The original copyright claims remained intact, however, and the same was true for the trial scheduled for next year. Film Companies Drop Lawsuit Today, that trial is off the table. Whatever the reasons, Astound isn’t completely free of the film companies just yet.

Settlement 94

Settlement Copyright Infringement Music Copyright 94

IP Watchdog

OCTOBER 20, 2022

Earlier this week, IPWatchdog hosted a webinar sponsored by the Innovation Alliance, now available to view for free here, in which panelists drew a roadmap for fixing the U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB).

Intellectual Property 75

Intellectual Property IP Trademark Patent 75

LexBlog IP

OCTOBER 3, 2021

” The Bill proposes to roll-back recent directives and policies of former USPTO Director Iancu, most notably discretionary denials of AIA trial proceedings in view of parallel litigation. Encourage courts to stay litigations proceeding in parallel to a PTAB trial. To attend the free webinar please sign up via the link below.

Litigation 52

Litigation Registration Invention Patent Law 52

TorrentFreak

MAY 4, 2023

Spinrilla specializes in ripping off music creators by offering thousands of unlicensed sound recordings for free,” the RIAA commented at the time. Without the DMCA’s safe harbor protection, Spinrilla faced a severe disadvantage in the event the case went to trial.

Music 136

Music Copyright Infringement Settlement Copyright 136

TorrentFreak

JANUARY 17, 2024

Free Speech Has Limits A criminal copyright infringement trial that concluded in Finland this week also saw the defendant rely on a fair use-style parody defense. New law that came into force in April 2023 allows the free use of copyright works for parody, pastiche, and caricature.

Copyright 116

Copyright Derivative Work Fair Use Reporting 116

IP Watchdog

AUGUST 18, 2023

Meta settles an AI trade secrets lawsuit launched by an AI startup; the U.S.

Copyright Infringement 52

Copyright Infringement Copyright Trademark Patent 52

TorrentFreak

APRIL 21, 2022

The case went to trial at a Madrid court this week where the prosecution sought five-year prison sentences against the mother and son. The court had scheduled a three-day trial for the case but local newspaper El Pais reports that both parties reached a consent agreement in just three hours. Suspended Prison Sentence.

Reporting 123

Reporting Copyright Infringement Advertising Advertising 123

Plagiarism Today

OCTOBER 20, 2022

However, this does not mean that the legal field is a free-for-all when it comes to plagiarism. These are motions filed with the court before jury selection and typically deal with what evidence or testimony will be allowed when the trial begins. Both sides in the case filed motions in limine dealing with witnesses in the case.

Plagiarism 237

Plagiarism Copying Publishing Law 237

43(B)log

JUNE 29, 2023

The district court ruled for Vitamins Online at a bench trial and ordered disgorgement of NatureWise’s profits for 2012 and 2013. In addition, NatureWise offered free products to customers in exchange for a review. million in profit from the accused products, which the trial court ordered disgorged.

False Advertising 80

False Advertising Advertising Advertising Marketing 80

The IPKat

JUNE 19, 2023

Jammie Thomas-Rasset was the first end-user to bring a case to a jury trial in a P2P file-sharing case, after she was sued by Capitol Records in 2006 for downloading and sharing 24 songs via KaZaa. Thomas-Rasset was found liable for reproducing and distributing the recordings, and the jury awarded a total of $222,000 in statutory damages.

Intellectual Property 135

Intellectual Property Editing IP Publishing 135

LexBlog IP

MARCH 16, 2023

The AIA Trials and Litigations Committees of the Intellectual Property Law Association of Chicago (IPLAC) are hosting a March Madness Happy Hour today, March 16, 2023 from 5:30 p.m. The event is free for Members and $25.00 to 7:30 p.m. at Kindling Downtown Cookout & Cocktails, 202 S. Franklin St., Chicago, IL 60606.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Litigation Law 40

Biswajit Sarkar Copyright Blog

SEPTEMBER 12, 2023

28, 2022), at 21 the USPTO Trademark Trial and Appeal Board observed that the concept of ‘Taco Tuesday’ is a commonplace term used in reference with having Mexican foods and drinks, hence it can no longer serve as a source identifier. started the ‘Free Taco Tuesday’ initiative and partnered with the iconic basketball player LeBron James.

Registration 88

Registration Trademark Business IP 88

TorrentFreak

MAY 31, 2022

Spinrilla specializes in ripping off music creators by offering thousands of unlicensed sound recordings for free,” the RIAA commented at the time. The music companies requested rulings to establish, before trial, that Spinrilla is liable for direct copyright infringement and that the DMCA safe harbor doesn’t apply.

Music 129

Music Copyright Infringement Copyright Marketing 129

Plagiarism Today

JANUARY 27, 2022

2: ‘Pirate Queen’ for Scientific Publications on Trial in Key Copyright Case in India. Sci-Hub is a site that provides access to academic journals and articles for free. This means that the shutdown could have knock on impacts that affect many other similar services.

Journalism 182

Journalism Plagiarism Licensing Copyright 182