Patently-O

FEBRUARY 24, 2022

Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury. by Dennis Crouch. The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term.

Patent Law 95

Patent Law Law Patent Litigation 95

43(B)log

MARCH 25, 2024

21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! The Fifth Circuit upholds mandatory cigarette warnings as acceptable compelled commercial speech under Zauderer , reversing the district court’s 2022 decision. It returns to the district court for an APA challenge, about which I express no opinion.)

Advertising 64

Advertising Advertising Social Media Government 64

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d 3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. Background. But before we focus on the decision, we need to get some unusually messy procedural history tied to the AMG decision out of the way.

Litigation 52

Litigation Advertising Advertising Reporting 52

SpicyIP

MARCH 30, 2023

In the present case, Rathee has expressed his opinion backed by facts, referencing to the table of “Real” fruit juice’s ingredients and deducting the product’s implication on health. Srujan is a second-year BA LLB student at the National Law School of India University, Bengaluru. The Harsh Truth’.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

Technology & Marketing Law Blog

JULY 3, 2021

The majority draws some comfort from the fact that “many courts have concluded that Amazon is not a seller when it does not hold or relinquish title to the product.” ” Unfortunately, the law on this topic has become anything but predictable or certain. The Majority Opinion. ” Cites to State Farm v. Implications.

Blogging 66

Blogging Marketing Marketing Law 66

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. And no, this one won’t be the second.).

Fair Use 86

Fair Use Licensing Ownership Copying 86

43(B)log

FEBRUARY 16, 2024

Second, the Lexmark court says, 43(a) has a proximate cause requirement: a plaintiff suing under § [43](a) ordinarily must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising; and that that occurs when deception of consumers causes them to withhold trade from the plaintiff.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP Tech Blog

JANUARY 4, 2023

The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. NFTs are also playing a key role in a generation’s development, with GenZ’ers dreaming of quick money through buy-and-sell of NFTs on crypto platforms. Is this the same in the US and China?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IP and Legal Filings

MARCH 7, 2022

The term “deceptively similar” refers to the fact that the average client or buyer may be unable to distinguish between the marks and mistake them for being of the same brand. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Indirect Infringement.

Trademark 63

Trademark Law Registering Trademarks Branding 63

IP and Legal Filings

MARCH 7, 2022

The term “deceptively similar” refers to the fact that the average client or buyer may be unable to distinguish between the marks and mistake them for being of the same brand. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Indirect Infringement.

Trademark 59

Trademark Law Registering Trademarks Branding 59

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. The court stated, in Blackwood and Sons Ltd.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

LexBlog IP

JANUARY 4, 2023

The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. NFTs are also playing a key role in a generation’s development, with GenZ’ers dreaming of quick money through buy-and-sell of NFTs on crypto platforms. The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

NOVEMBER 30, 2021

In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. The court found the underlying facts of Apple II to be very similar to those in Apple I. Qualcomm Inc. , No 20-1683 (Fed. 10, 2021) (“Apple II”). Background. Qualcomm Inc. , Patent Nos.

Settlement 52

Settlement Licensing Litigation Art 52

LexBlog IP

NOVEMBER 11, 2022

Like the Goodyear case that I recently wrote about , this dispute highlights the fact that trade secret cases don’t just involve departing employees. million verdict against Ford Motor Co. delivered by a Michigan federal jury for the breach of its contract with Versata Software and the misappropriation of Versata’s trade secrets.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Under the interim process, the Director may conduct a review addressing any issue of law or fact raised in a final written decision of an inter partes review (IPR) or a post-grant review (PGR). 10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. Download a PDF. Table of Contents. 1970 (2021).

Reporting 52

Reporting Art Invention Patent 52

Technology & Marketing Law Blog

JANUARY 13, 2022

No well-pleaded facts suggest that Omegle had actual knowledge of the sex trafficking venture involving C.H. “the information and content at issue here was in fact generated by a separate content provider, John Doe. . “the information and content at issue here was in fact generated by a separate content provider, John Doe.

Blogging 88

Blogging Publishing Reporting Editing 88

Technology & Marketing Law Blog

JANUARY 18, 2022

Some of the confusion is due to plaintiffs stretching FOSTA to reach tertiary defendants far removed from the victimization or reach facts (like republication of commercial pornography) that seem outside the statutory definitions. Students: this post surfaces numerous potential paper topics. THE MINDGEEK LITIGATION. Ruling #1: Doe v.

Blogging 119

Blogging Reporting Publishing Law 119

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

LexBlog IP

AUGUST 12, 2022

.” More specifically, the agency issued an Advance Notice of Proposed Rulemaking (ANPR) on Commercial Surveillance and Data Security and announced a related workshop on the topic. ” He also calls out the fact that the ANPR provides “no notice whatsoever of the scope and parameters of what rule or rules might follow.”

Privacy 52

Privacy Advertising Advertising Publishing 52

Technology & Marketing Law Blog

FEBRUARY 12, 2022

These facts raise a reasonable inference that plaintiffs are not alone in suffering constitutional injuries resulting from Alderman Gardiner’s practices. These facts raise a reasonable inference that plaintiffs are not alone in suffering constitutional injuries resulting from Alderman Gardiner’s practices.

Social Media 101

Social Media Government Ownership Blogging 101

Technology & Marketing Law Blog

MAY 19, 2023

Plaintiffs’ complaint does not attempt to hold Defendants liable for the fact that someone else put fake listings on their website. A magalicious opinion that addresses the same basic topics as the more recent Kennedy v. Sometimes the Section 230 developments come faster than I can blog ’em, so they pile up in my queue.

Social Media 126

Social Media Advertising Advertising Designs 126