The IPKat

FEBRUARY 20, 2024

7(1)(e)(ii) Regulation No 207/2009 (signs which consist exclusively of the shape, which is necessary to obtain a technical result) in conjunction with Art. CeramTec and Coorstek have also been litigating in the US, Switzerland and Germany. Coorstek’s counterclaim was essentially based on Art.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

Patently-O

JANUARY 17, 2024

418 (2009). Masimo may separately seek infringement damages in parallel Federal Court litigation and has a related ongoing trade secrets lawsuit against Apple seeking almost $2 billion in damages. See Nken v. Holder , 556 U.S. It does not award any money damages and it does not apply to sales of Apple Watch outside of the US.

Marketing 113

Marketing Marketing Cease and Desist Confidentiality 113

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more.

Litigation 40

Litigation Technology Business Patent 40

LexBlog IP

AUGUST 19, 2022

IHDE is a not-for-profit organization that was launched in 2009 to provide access to patient records for 194 different participating treatment providers. ” IHDE is defending itself in litigation from creditors and the filing is designed to allow it to operate while it works through the litigation and pays its creditors.

Reporting 40

Reporting Litigation Business Designs 40

TorrentFreak

JANUARY 27, 2023

In 2009, anti-piracy group BREIN took News-Service Europe (NSE) – one of Europe’s largest Usenet providers at the time – to court. He also highlights the length of the legal battle, albeit for a different reason, noting that Usenet has changed significantly since 2009. It shut down its service but appealed the case.

Copyright Infringement 126

Copyright Infringement Copyright Music Business 126

SpicyIP

OCTOBER 30, 2023

An interim injunction was granted to the plaintiff in 2009 and through the present judgement, the court decreed the suit in favour of the plaintiff. A legal notice had been issued to the defendant on September 27, 2007 and this was subsequently followed by an interim injunction on September 10, 2009.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

Delaware Intellectual Property Litigation Blog

AUGUST 28, 2021

662, 678 (2009). The merits of Defendant’s arguments concerning claim construction and specific details of how the accused instrumentalities map to each claim element are properly tested at future stages of the litigation (e.g. Iqbal , 556 U.S. summary judgment). A copy of the Memorandum Opinion is attached. .

Copying 89

Copying Patent Litigation Patent Infringement 89

The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. Background In 1988, the artefact at issue in the Italian litigation was shown at an exhibition in Cologne (Germany).

Artwork 94

Artwork Moral Rights Art Litigation 94

IP Watchdog

FEBRUARY 21, 2023

Lite-Netics’ patents issued in 2009 and 2012. HBL was at one time a customer of Lite-Netics and also sells holiday string lights, including one it calls a “Magnetic Cord,” which is one of the two products Lite-Netics alleged infringed its patents. 11,333,309 describes the product and issued in 2022 based on a 2021 application.

Patent 52

Patent Patent Infringement Litigation Intellectual Property 52

LexBlog IP

FEBRUARY 10, 2022

One of the post- AMG predictions about Federal Trade Commission (FTC or Commission) law enforcement is that we will see more administrative litigation. And what are the three matters in administrative litigation? Let’s walk through the FTC administrative litigation process and see what makes it particularly time-consuming.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 52

SpicyIP

DECEMBER 26, 2021

The first date of sale in the application was stated to be in 2009, well prior to the application in question, thereby knocking out any possibility of sustaining any claim of a new variety. The order notes that the date in the application is stated to be 2002 in America, but 2009 in India.

Registration 122

Registration Patent Law Litigation IP 122

Patently-O

OCTOBER 4, 2021

We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).

Art 125

Art Journalism Patent Law Invention 125

Patently-O

SEPTEMBER 28, 2023

7,079,035 (“Bock”) and 6,597,933 (“Kiani”), along with PCT Publication WO 2009/093159 (“Woehrle”). The IPR case here relates to the parallel litigation still pending in Masimo Corp. The infringement litigation has been stayed pending outcome of the IPRs. Patent Nos. Rudy Telscher from Husch took the other side.

Litigation 62

Litigation Patent Art 62

Olartemoure Blog

MARCH 31, 2022

Trends in Litigation Against Big Tech. Law 1340 of 2009: established the Superintendencia de Comercio (SIC) as the national competition authority, with the power to hear exclusively administrative investigations for restrictive practices of competition and unfair administrative competition in all sectors of the economy.

Marketing 98

Marketing Marketing Social Media Litigation 98

IP Intelligence

JUNE 5, 2023

45.66.210(a) (2009); Fla. Typically, this issue comes to light during litigation between the parties to the agreement or during due diligence surrounding the purchase of a company. 15 U.S.C. § 45(m)(1)(A). Under some state statutes, an accidental franchise could constitute a misdemeanor or even a felony. See, e.g. , Alaska Stat.

Licensing 52

Licensing Due Diligence Business Trademark 52

IP Intelligence

JUNE 6, 2023

45.66.210(a) (2009); Fla. Typically, this issue comes to light during litigation between the parties to the agreement or during due diligence surrounding the purchase of a company. 15 U.S.C. § 45(m)(1)(A). Under some state statutes, an accidental franchise could constitute a misdemeanor or even a felony. See, e.g. , Alaska Stat.

Licensing 52

Licensing Due Diligence Business Trademark 52

IPilogue

DECEMBER 10, 2021

While Bundy’s lawyers are disappointed with the decision, it looks like further litigation is In Bloom. Given the complex set of facts regarding ownership in this case, Bundy will likely need to prove Scott-Giles’ ownership of the illustration in any future litigation, which won’t be easy. and soon Canada). Bundy v Nirvana L.L.C.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

Patently-O

OCTOBER 4, 2021

We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).

Journalism 104

Journalism Art Patent Law Invention 104

LexBlog IP

JUNE 6, 2023

§ 45.66.210(a) (2009); Fla. Typically, this issue comes to light during litigation between the parties to the agreement or during due diligence surrounding the purchase of a company. 15 U.S.C. § § 45(m)(1)(A). Under some state statutes, an accidental franchise could constitute a misdemeanor or even a felony.

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

Indiana Intellectual Property Law

SEPTEMBER 23, 2022

I Love This Bar, written by Scott Emerick and Toby Keith, registered on October 16, 2008 and March 11, 2009 by Sony/ATV Songs LLC d/b/a Sony/ATV Tree Publishing, Round Hill Music LP d/b/a Round Hill Works, and Toby Keith Covel, an individual d/b/a Tokeco Tunes.

Copyright Infringement 52

Copyright Infringement Copyright Music Publishing 52

The IPKat

MARCH 24, 2022

The purpose of the SPC Regulations ( Regulation (EC) No 469/2009 and Regulation (EC) No 1610/96 ) is to compensate patentees for the lengthy process of achieving marketing authorisation for a medicinal or plant product. SPCs are national rights that provide an additional period of protection for a medicinal product protected by a patent.

Registration 82

Registration Reporting Marketing Marketing 82

The IPKat

FEBRUARY 3, 2023

Besides ongoing litigation in multiple jurisdictions, the discussion of the relationship between copyright and content mining will continue – if not increase in intensity – for the foreseeable future. In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead.

Government 141

Government Related Rights Copyright Law 141

LexBlog IP

AUGUST 28, 2021

662, 678 (2009). The merits of Defendant’s arguments concerning claim construction and specific details of how the accused instrumentalities map to each claim element are properly tested at future stages of the litigation (e.g. Iqbal , 556 U.S. summary judgment). A copy of the Memorandum Opinion is attached.

Copying 52

Copying Patent Litigation Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. Will Freeman focuses his practice on patent litigation in U.S. He received his J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Patently-O

JANUARY 25, 2022

” Serious Questions : A preliminary injunction in trade secrecy cases require only a “fair chance of success on the merits or questions serious enough to require litigation.” does not necessarily compel a finding that the information cannot maintain its status as a trade secret for a party in an entirely different field.”

Public Domain 133

Public Domain Patent Application Confidentiality Patent 133

Patently-O

DECEMBER 4, 2023

The court cited Supreme Court precedent stating that “post-judgment appeals generally suffice to protect the rights of litigants and ensure the vitality of the attorney-client privilege.” 100 (2009). quoting Mohawk Indus., Carpenter , 558 U.S.

Patent 48

Patent Patent Infringement Litigation Law 48

LexBlog IP

JANUARY 18, 2022

With the emergence of Bitcoin in 2009 and its rapid growth over the last year , supporters and skeptics of cryptocurrency are asking one main question: What is the future of crypto ? After law school, Kathryn intends to become a litigator. By: Kathryn Overby.

Government 52

Government Marketing Marketing Law 52

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Litigation. Background . The Drug and the patent. See here and here ).

Patent 105

Patent Art Patent Prosecution Litigation 105

The IP Law Blog

OCTOBER 13, 2022

At trial, Alexander testified in 2009, that she contacted WWE’s legal department to negotiate a license for a possible faux tattoo sleeve product depicting her tattoo works. Counsel for Alexander is quoted as saying that Alexander’s win at the trial court could “open the floodgates of litigation) and I think I agree with him.

Fair Use 98

Fair Use Copyright Licensing Copying 98

IP.com

MARCH 12, 2024

With the leap in technological accessibility since smartphones hit the market in 2008/2009, it opened up an entirely new market revenue channel for the gaming industry. Before this, games were limited to consoles or PCs, but now the mobile and internet age has opened up a consumer-fueled demand for ever-increasing novelty.

Copyright Infringement 52

Copyright Infringement Copyright Intellectual Property Marketing 52

IP and Legal Filings

JUNE 12, 2023

Vipul Amrutlal Shah (2009) and MRF Limited v. Furthermore, in cases of copyright infringement , a new factor of the timing of filing the complaint, as highlighted in Vinay Vats Case (2019), must also be recognized, since the popularity of the subsequent work can often result in infamous litigations.

Copyright Law 81

Copyright Law Copyright Law Copyright Infringement 81

Patently-O

OCTOBER 21, 2021

Transfer motions under § 1404(a) are a common tactic in patent litigation, particularly for California-based tech companies sued in the Eastern and Western Districts of Texas. . § 1404(a) permits the judge to transfer the case to another district “[f]or the convenience of parties and witnesses, in the interest of justice.” Cleaned up.)

Patent 80

Patent Patent Infringement Patent Law Litigation 80

LexBlog IP

FEBRUARY 2, 2023

Litigation challenging the enforceability of the rule is almost sure to ensue, and the U.S. 9, 2009, p. As of right now, the FTC’s rule (available here ) is merely a proposal, and the agency is soliciting public comments on whether any changes should be made before it is finalized. Bayliss, 869 A.2d 2d 990 (Pa. Colella, M.D.,

Blogging 52

Blogging Confidentiality Business Editing 52

SpicyIP

NOVEMBER 8, 2023

Basheer, in his 2009 post, about Chantix, a Pfizer-patented anti-smoking drug, raised questions regarding transparency around the discretion to require local clinical trials. and Class 5.2 of our IP Reveries series , while discussing the basics of clinical trials and drug innovation, have highlighted their implications.

Trademark 59

Trademark Publishing Journalism Copyright 59

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 4, 2020

Angelin (2009) 172 Cal. Section 2019.210 “does not create a procedural device to litigate the ultimate merits of the case—that is, to determine as a matter of law on the basis of evidence presented whether the trade secret actually exists.” Superior Court (2009) 178 Cal. In Brescia v. Perlan Therapeutics. More questions?

Designs 52

Designs Design Intellectual Property Law Contracts 52

Bio Law Blog

FEBRUARY 2, 2020

Buried in a 2020 spending bill passed in December 2019 is a provision that amends the definition of “Biological Product” in the Biologics Price Competition and Innovation Act of 2009 (BPCIA) and thereby expands the products that will be regulated as biologic medicines and litigated under the BPCIA. ” 42 U.S.C.

Litigation 40

Litigation Copying Licensing 40