The IPKat

SEPTEMBER 12, 2021

Abbott has two CGM devices on the market - the Freestyle Libre 1 and Libre 2 - which Abbott claims is the top selling CGM product in the world, used by 3 million people in 50 countries. In Germany and the UK, there are no claims for preliminary injunctions. CGM customers therefore stick with their product.

Litigation 98

Litigation Patent Marketing Marketing 98

SpicyIP

JUNE 19, 2022

When we accept them, or as the case may be – when we accept claims that use the term rights in their name – we simultaneously, knowingly or not, validate a form of distribution of freedom, authority and resources. Feus: ( Confused ) right-wrong … wronged right … what is this new binary bafflement, Prof.? against whom?

IP 119

IP Fair Use Invention Copyright 119

LexBlog IP

AUGUST 30, 2023

The plaintiff claimed that he alone decided the composition of these products and that this was known to the third defendant. However, the Multi-member Court of First Instance of Thessaloniki found this claim not to be valid. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

The IPKat

NOVEMBER 27, 2023

The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC. Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ).

Editing 70

Editing Registration Branding Brands 70

IP and Legal Filings

MARCH 14, 2022

Plaintiff finally created an acclaimed piece of creative work presenting itself in the shape of a 140 foot long and 40 foot high mural, displaying a fine balance between cultural and material features in national perspective – its topic being the essence of rural and contemporary India. 1 and asked him to concentrate only on direction.

Moral Rights 61

Moral Rights Copyright Contracts Law 61

Michael Geist

SEPTEMBER 21, 2022

Without that amendment, it establishes sets a dangerous precedent that could result in many other groups claiming rights to compensation for linking to their content and create a serious risk to sharing information online. Would Canadians agree that this link to the front page of the Globe and Mail is using the Globe’s content?

Government 94

Government Journalism Advertising Advertising 94

IP Whiteboard

APRIL 15, 2021

The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) ). Infringement of copyright claim. Background.

Privacy 40

Privacy Copyright Publishing Law 40

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? Instead of asserting copyright and trademark claims, they tried trespass to chattels. Thus, the framer never interferes with the web servers. California law requires that the property interest be “well-defined” and “like staking a claim to a plot of land at the title office.”

Copying 74

Copying Ownership Derivative Work Contracts 74

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

O]n this preliminary record, Petitioner has met its burden of demonstrating a reasonable likelihood that it would prevail in showing that claims of the [challenged] patent are unpatentable.” Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. Paper 12 at 20).

Reporting 52

Reporting Art Invention Patent 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

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? 7072 interferes with the platforms’ own speech rights by forcing them to carry messages that contradict their community standards and terms of service, PruneYard is inapposite.”

Social Media 97

Social Media Law Blogging Publishing 97

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JUNE 20, 2023

Although copyright infringement is a strict liability tort, all of these facts might have helped to convince Goldsmith to settle on reasonable terms, and all of them would have made AWF a more sympathetic defendant in the unlikely event that Goldsmith pursued her claims and a trial was needed. In the first, Sony Corp. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

In particular, FDA flagged as false or misleading Amgen’s claims in the advertisement that “In a Real-World Study with nearly 11,000 patients Pegfilgrastim PFS resulted in a significantly higher risk of FN [(febrile neutropenia)] vs Onpro ®.” The court has not yet issued its claim construction order. On June 2, 2021, Alvotech hf.

Litigation 52

Litigation Settlement Patent Marketing 52

JIPL Online

FEBRUARY 25, 2021

The impact on litigation is that if you have transferred your copyright ownership, then you cannot assert a copyright claim in subsequent litigation since it’s not longer the artist’s copyright to enforce. 25] Thus, the Court held that 50 Cent’s suit against Rick Ross would interfere with that right. [26] ANALYSIS AND UPSHOT.

Music 98

Music Ownership Copyright Law Contracts 98

Technology & Marketing Law Blog

JUNE 21, 2022

As my Content Moderation Remedies paper showed, this topic is way more complicated than a binary remove/leave up dichotomy. I would expect every lawsuit against a regulated service would add 587 claims for alleged omissions, misrepresentations, etc. ” [If the definitions are from the TOS, can’t the AG just read that?].

Social Media 119

Social Media Law Publishing Reporting 119

LexBlog IP

DECEMBER 22, 2021

” This is the context in which the FTC and DOJ hosted the Workshop, which included a broad range of topics and perspectives—from worker misclassification to the potential effects of mergers and acquisitions on wages. Takeaways from the Workshop. The Workshop was heavy on theory and light on concrete proposals.

Marketing 52

Marketing Marketing Contracts Government 52

Technology & Marketing Law Blog

AUGUST 12, 2022

For example, the fourth meme references government spending priorities, and that’s a major social topic. However, I cannot get over how Hernandez engaged in these topics in a blatantly anti-Muslim fashion. Texas Court of Appeals Rejects Privacy Claims Based on Facebook Firing – Roberts v. The appeals court disagrees.

Social Media 52

Social Media Privacy Blogging Law 52

Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] The court nevertheless also rejects the underlying claims on their lack of merit. Intentional Tortious Interference. Negligent Tortious Interference. [My blogging queue has gotten backlogged. Common Carriage.

Marketing 111

Marketing Marketing Social Media Law 111

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

In contrast, Texas falsely claimed that ONLY these three services are covered. Based on his empirically unsupported assumption, the judge claims: “the entities subject to HB 20 are large, well-heeled corporations that have hired an armada of attorneys from some of the best law firms in the world to protect their censorship rights.”

Social Media 136

Social Media Publishing Law Blogging 136

Technology & Marketing Law Blog

MAY 19, 2023

The court does find 230 applies to the negligent matching claim: “the service that Defendant provides is twofold: both matching and publishing. A magalicious opinion that addresses the same basic topics as the more recent Kennedy v. The age verification battle will ultimately reach the Supreme Court.] ” __ FTC v.

Social Media 126

Social Media Advertising Advertising Designs 126