The IPKat

DECEMBER 11, 2023

US courts have developed the so-called ‘causal nexus’ test to prevent this from happening [e.g. As a solution, it is sometimes argued that an injunction be denied if “the expected negative effects of an injunction substantially outweigh … the expected noncompensable harm to the patentee is an injunction is denied” [ here , at 152].

Patent Law 70

Patent Law Law Patent Invention 70

Patently-O

MARCH 31, 2024

Obviousness though is quirky – although it is a question of law, it requires determination of substantial underlying factual issues. These factors are relevant only if there is a connection, or nexus, between the factor and the invention covered by the patent claims.

Invention 57

Invention Copying Licensing Art 57

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. The key question, therefore, is whether defendants gave such knowing and substantial assistance to ISIS that they culpably participated in the Reina attack. Twitter, Inc.

Social Media 137

Social Media Law Fair Use Blogging 137

JIPL Online

NOVEMBER 1, 2021

16] Second, the derivative work had to substantially incorporate protected material from the preexisting work. [17] Mod creators’ hesitancy to fight against copyright holders leads to a lack of caselaw resolving the topic. Good, Nexus Mods outlines plans to compensate modders , Polygon (Dec. 20, 2017), [link]. [3]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Shortly after hiring the employee, plaintiff alleged that his new employer developed products that were substantially similar to and competitive with plaintiff’s product using its trade secrets. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. While this may not substantially change the current practices at the PTAB, it is at least a public confirmation of transparency and independence with respect to the decisions of PTAB panels.

Reporting 52

Reporting Art Invention Patent 52

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. In other words, I don’t think Zauderer –a recent darling of the pro-censorship crowd–is the right test (I will have more to say on this topic).

Social Media 120

Social Media Law Publishing Reporting 120