The IPKat

AUGUST 3, 2023

Discovery, based in the UK. He primarily focuses on trade marks as part of his current position but has been involved in matters spanning across a range of soft-IP rights (particularly, copyright and design right disputes) in previous roles, whilst in private practice. Applications are open until August 21st 2023.

IP 52

IP Intellectual Property Technology Government 52

Trading Secrets

DECEMBER 19, 2022

The topics for the conference included: A legislative update. Arbitration of trade secret disputes. An expert will identify necessary discovery inquiries and identify key admissions to obtain in depositions. The American Intellectual Property Law Association recently completed its Trade Secrets Summit in Miami, Florida.

Intellectual Property Law 59

Intellectual Property Law Confidentiality Litigation Intellectual Property 59

Chicago IP

MAY 12, 2021

30(b)(6) notice in this patent dispute. Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law. The Court would not prevent damages topics because Carjams intended to use a damages expert.

Patent 40

Patent Patent Application Art Licensing 40

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

TTAB judges also decide factual disputes between the parties. This is different than district court litigation, where factual disputes are typically decided by a jury of lay people. Trademark disputes often involve complicated factual questions, such as whether a company’s marketing and sales have affected its trademark rights.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

LexBlog IP

DECEMBER 19, 2022

The topics for the conference included: A legislative update. Arbitration of trade secret disputes. An expert will identify necessary discovery inquiries and identify key admissions to obtain in depositions. The American Intellectual Property Law Association recently completed its Trade Secrets Summit in Miami, Florida.

Confidentiality 40

Confidentiality Intellectual Property Law Intellectual Property Litigation 40

Patently-O

SEPTEMBER 7, 2022

Later, those two companies formed an official partnership to develop a C3-binding protein (the same topic for which Amyndas had shared data). Zealand’s patent applications also published relating to the same topic. ” Notably, Denmark does not allow the extent of discovery permitted by the US Federal Courts.

Music 58

Music Contracts Confidentiality Litigation 58

TorrentFreak

MAY 16, 2022

After three years of legal dispute in that matter, in 2021 Watch Tower filed a parallel copyright infringement lawsuit against McFree for the same alleged infringements. After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. Something didn’t sit right.

Fair Use 121

Fair Use Copyright Litigation Music 121

Velocity of Content

AUGUST 19, 2021

The basic idea of the alternative-to-court process that CASE provides is very similar to that of an Alternative Dispute Resolution (ADR) procedure, although it is more often compared to a “small claims court” specifically dedicated to resolving copyright matters. CCB proceedings will be designed for people to understand and navigate.

Copyright 105

Copyright Social Media Blogging Registration 105

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

The IPKat

DECEMBER 11, 2023

In the summer of 2021, Germany amended its patent act to make permanent injunctions in patent disputes subject to a proportionality test [Katpost here ] , and in its wake other European jurisdictions are wondering whether they should do the same. In my view, an open-ended balancing test is unlikely to make things better.

Patent Law 70

Patent Law Law Patent Invention 70

SpicyIP

MARCH 4, 2024

Malobika is a 2nd year PhD scholar and a full-time Teaching Assistant at WBNUJS, Kolkata, who is working on examining the need for, and contribution of “Experts” in IP dispute adjudication. Read on as she explains her motivation for her dissertation, her research problem, and her expectations from the fellowship! Arthrogen v.

Invention 59

Invention Trademark IP Patent 59

Technology & Marketing Law Blog

MAY 2, 2022

It also sidesteps the dispute regarding whether hiQ is still in business. This is a long-running dispute and the parties are fighting over whether hiQ is still in business. Yet, the dispute is still very heavily litigated in the district court (while the Ninth Circuit was mulling over its ruling in light of Van Buren ).

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

The TTABlog

NOVEMBER 29, 2022

In a dubiously precedential Order, the ruled on several discovery-related motions in this opposition to registration of the mark GROMEO for "Planters for flowers and plants; Self-watering planters for flowers and plants." moved to compel a deposition and to extend its time to respond to OMS's discovery requests.

Designs 83

Designs Design Registration Government 83

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. The court rejected defendants’ argument as an “effort to blend together the identification-of-a-trade-secret element and the misappropriation element, when “only discovery will reveal exactly what the defendants are up to.” Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. The Court denied that the dispute would operate in rem.

IP 143

IP Intellectual Property Copyright Trademark 143

TorrentFreak

NOVEMBER 27, 2022

For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. The parties have previously agreed and resolved this dispute, which Plaintiff has now refused to honor.” Triller Lawsuit – June 2021. Money Makes The World Go Round.

Copyright Infringement 122

Copyright Infringement Copyright Settlement Reporting 122

43(B)log

FEBRUARY 4, 2023

Need to define what’s common or standard within the genre, but these dismissals are happening before discovery; 9 th Circuit used to say you couldn’t even do it on summary judgment unless it was uncontested. Importance of genre: courts often quote “standard in the treatment of a given topic.” Why not targeted discovery/expert instead?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Technology & Marketing Law Blog

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss. Related topics * Patel v. Puppies, 2020 Ariz. LEXIS 851 (Az. Superior Ct. Offerup Inc.,

Publishing 84

Publishing Law Marketing Marketing 84

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). However, it’s actually a significant loss for the defense for this case to proceed because it opens up expensive discovery. Indeed, the parties are embroiled in discovery disputes right now. ” (How about this: let’s not). .”

Advertising 98

Advertising Advertising Trademark Settlement 98

Technology & Marketing Law Blog

JUNE 20, 2023

The Road Not Taken At this point, no lawsuit had been filed; and the dispute probably could have been, and certainly should have been, easily resolved. Barton Beebe’s empirical work on this topic. Although Goldsmith’s lawyers pleaded the discovery rule ( id. Copyright Office. In the first, Sony Corp. of America v.

Fair Use 94

Fair Use Derivative Work Blogging Licensing 94

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

1] Nevertheless, the PTAB remains the most active forum for patent disputes nationwide, handling significantly more matters in 2021 than both the Eastern and Western Districts of Texas and the District of Delaware. [2]. Motivation to combine and objective indicia are commonly disputed issues in obviousness cases. In Chemours Co.

Reporting 52

Reporting Art Invention Patent 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., and defer construction of the other disputed terms.” (Dkt.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

MARCH 12, 2023

Disputes over inventorship are not confined to patent cases and often arise in trade secrets cases too. However, that question does not guarantee federal subject matter jurisdiction, as the defendants learned in a decision remanding an ownership dispute removed to federal court back to state court. In Calvary Indus., Winters , U.S.

Blogging 52

Blogging Litigation Ownership Reporting 52

LexBlog IP

JANUARY 9, 2023

To date, most of the discussion regarding trade secret identification has been at the discovery stage but now courts are reinforcing that message by denying early requests for an injunction. That is the simple message that many federal courts are sending to trade secret owners, and a recent decision by District Court Judge Nugent of the U.S.

Blogging 40

Blogging Litigation Intellectual Property Licensing 40

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

“the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. ” “Herbert involved discovery into how an editor selected, composed, and edited a particular story. It’s correct that the Supreme Court authorized DISCOVERY in that case.

Social Media 136

Social Media Publishing Law Blogging 136