TorrentFreak

JULY 13, 2022

Specifically, the ISP and music companies want to limit what evidence and arguments the other side can present to the jury. The rightsholders note that there is little evidence for this claim. Internet terminations are not the only topic of concern. The legal battle is set to conclude in a few weeks.

Music 137

Music Contracts Copyright Infringement Copying 137

Technology & Marketing Law Blog

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. But courts don’t always use facts like that for petard-hoisting, instead grounding their rulings in legal doctrines and admissible evidence. That topic is expressly at issue in the FLA and TX social media censorship cases).

Contracts 83

Contracts Social Media Blogging Law 83

43(B)log

FEBRUARY 15, 2022

Boost alleged a “couple dozen” confusion instances, but didn’t have memorialized evidence thereof. And Boost submitted no evidence of marketplace recognition of the Boost Beauty brand or the BoostLash product. Actual confusion: No record evidence. I’m not enough of an evidence person to have a fully-thought-out view of this.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

The IPKat

SEPTEMBER 21, 2021

The potential for a referral on this topic may have come as a surprise to some, given the established case law of the Board of Appeal on plausibility and post-filed evidence (Case Law of the Boards of Appeal, I-D-4.6 ). As such, it was argued, the post-published documents should not be taken into account.

Publishing 82

Publishing Invention Art Law 82

The IPKat

OCTOBER 25, 2021

As expected, the Board of Appeal in T 116/18 has now referred to the Enlarged Board of Appeal (EBA) questions on the use of post-filed evidence to establish plausibility for an invention. G2/21 will be closely watched by many, given the potential ramifications of the EBA's answer on the required evidence threshold for patent validity.

Invention 86

Invention Publishing Patent Application Art 86

LexBlog IP

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § § 285 and certain circumstances that do not make a case exceptional. FMC’s accused device]. § 285. .” ”

IP 52

IP Litigation Patent Law 52

The IPKat

DECEMBER 29, 2023

Findings on specific issues and topics Data regarding the stack Data regarding the stack could not be obtained directly from ETSI. Apple relied on data from Innography and Optis, from PA Consulting ([111] – [112], after abandoning all the evidence of a witness, Ms Dwyer). The Judge doubted whether even Optis knew what its thinking was.

Patent 78

Patent Litigation Marketing Marketing 78

43(B)log

NOVEMBER 9, 2023

Other statements dismissed as puffery: “ ‘Exceed the expectations of our clients’, ‘World Class’ and ‘Unlike any other in Northern California.’ ” as well as statements that defendants use “evidence based methods.” The court need not engage in the application of the intrinsic test in considering a motion to dismiss.”

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

FEBRUARY 17, 2022

Starting with the survey experts: Excluding survey evidence requires meeting a “heavy burden,” as long as a survey is “fairly prepared and its results directed to relevant issues.” properly go only to the weight of the evidence” and not to its admissibility. As a general matter, “[e]rrors in methodology.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

The IPKat

DECEMBER 28, 2021

This year also saw release of the EBA decision on double-patenting and a new referral on the thorny issue of plausibility and post-published evidence. By contrast, in the ab initio implausibility line of case law, post-published evidence can only be disregarded if the skilled person had reasons to doubt (e.g. Double-trouble ??

Invention 67

Invention Publishing Patent Law 67

IPilogue

JANUARY 14, 2022

Patent Prosecution History Now Admissible as Evidence. of the Patent Act was added to make patent prosecution history admissible as evidence in patent proceedings. Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

I imagine the appellate court could treat those deceptive characterizations as admissions that the ignored details are, in fact, properly enjoined. These four points of distinction aren’t evidence of it. (1) ” Great, let’s talk about media exceptionalism.

Social Media 99

Social Media Government Blogging Publishing 99

LexBlog IP

AUGUST 31, 2021

The district court’s “other FRAND instructions were legally accurate,” HTC was allowed to present evidence and argument to the jury that apportionment was required and HTC “explicitly covered the substance of its proposed instructions during its closing arguments.”

Licensing 52

Licensing Contracts Law Patent Law 52

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Contrary to this, the respondent argued that the service took place via email given in the relevant TM-M. 1 ayurvedic paste”.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Kluwer Copyright Blog

FEBRUARY 28, 2023

For the AG this question on the interpretation of Article 7(2) of the Brussels I bis Regulation might not be admissible since the defendant is not located in the EU and, therefore, the question is not relevant to the outcome of the dispute in the present case.

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Towle, where “by Towle’s own admission, most of his customers were fans who ‘usually know the entire history of the Batmobile.’”

IP 59

IP Marketing Marketing Patent 59

Patently-O

NOVEMBER 11, 2022

The scope afforded to chemical genus claims under 35 USC § 112(a)’s enablement and written description requirements has been hot topic recently (at least in certain quarters). Another difference between the two doctrines has to do with the admissibility of evidence. In the Federal Circuit’s first decision in Amgen v.

Inventor 49

Inventor Invention Patent Reporting 49

LexBlog IP

APRIL 3, 2023

This decision addresses many hot topics in licensing SEPs and attempts to harmonize existing decisions in reaching its rulings here.The Court here, for example, discussed the following topics: There is some dispute about whether a FRAND commitment imposes obligations on someone wanting to license an SEP.

Licensing 52

Licensing Technology Intellectual Property Patent 52