43(B)log

JULY 20, 2023

Given its powers under the COVID-19 Act, the government sought not just a permanent injunction, but damages, including recission/restitution/disgorgement, as well as civil penalties. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D. 19, 2023) The US sued Nepute (a chiropractor) and Quickwork (a company of which he is a member/co-manager).

Government 52

Government Advertising Advertising Social Media 52

LexBlog IP

JUNE 28, 2023

The Court’s decision arose in the context of injunction proceedings relating to the defendants’ unauthorised use of software programs. The plaintiff, a leading multinational software manufacturer, owned the rights to exploit the programs. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. Background.

Licensing 52

Licensing Contracts Law Patent Law 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Definition. Indian Perspective. Global Perspective.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. But no such luck for Abbott, " regret[tably] ".

Litigation 98

Litigation Patent Marketing Marketing 98

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. There have been some noteworthy recent decisions in trade secrets law. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59

43(B)log

APRIL 12, 2024

The court of appeals reduced the penalty for violations outside the FAL’s statute of limitations (a decrease of under $1 million), but approved of the trial court’s general approach to calculating damages, including its use of sampling and its consideration of solicitations from California to out-of-state prospective students.

False Advertising 59

False Advertising Law Reporting Marketing 59

LexBlog IP

NOVEMBER 11, 2022

While there was minimal legislative actively last month, there were a number of interesting decisions and articles on the trade secret and restrictive covenant front: Noteworthy Defend Trade Secrets Act Cases, Federal Trade Secrets Opinions and Related Commentary: Perhaps the biggest news last month was the $104.65 The jury awarded $22.39

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

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