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FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

LexBlog IP

Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive endorsement practices. And the breadth of this latest Notice is particularly noteworthy.

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Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

LexBlog IP

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns.

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WaterRower: Has the UK’s approach to ‘artistic works’ in copyright changed?

Kluwer Copyright Blog

Instead, it concludes that it might be possible , but that the issue would need to go to trial to be determined. In summary, the Defendant’s case was that the Claimant had no prospects of success at trial and that the claim should be struck out. It should be decided by the trial judge on the basis of the evidence in front of him.

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Duty of Disclosure Before USPTO Highlighted in Federal Register

LexBlog IP

The second portion of the notice emphasizes the consistency of disclosure to the USPTO among other governmental agencies and commercialization activities, including market testing, offers for sale, and reduction to practice. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1.

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Fifth Circuit Affirms That Ericsson’s Offers to HTC Complied With ETSI FRAND Commitment (HTC v. Ericsson)

LexBlog IP

the smallest salable patent practicing unit or SSPPU. At trial, HTC argued that Ericsson had breached its FRAND commitments in at least two ways. concerned an important point in the trial such that the failure to instruct the jury on the issue seriously impaired the party’s ability to present a given claim. per 4G device.

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Generative AI: the US Copyright class action against OpenAI

Kluwer Copyright Blog

The UK approach focuses on guidance for specific sectors and risks. Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. The plaintiffs demand for jury trial, to recover injunctive relief and damages as a result and consequence of defendants’ unlawful conduct.

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Fish Principals Author Law360 Article, “USPTO Director Review Is A Rare Remedy After Arthrex“

Fish & Richardson Trademark & Copyright Thoughts

”[3] Thus, AIA trials at the Patent Trial and Appeal Board were preserved, and the new age of director review began. Director review has not been a panacea for parties facing adverse final written decisions from the board. The Contours of Director Review. ”[15]. Apple Inc. Personalized Media Communications LLC. ”[22].

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