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CAFC Emphasizes the Importance of Contract Principles in Arbitrability Determination

IP Watchdog

In 2011, the TLA was amended to include an agreement to arbitrate “any dispute, controversy, or claims arising out of or in relation to this Agreement or at law, or the breach, termination, or validity thereof.”

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Keeping up with Belgian patent litigation: Year case law review 2022

The IPKat

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

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Covenant to not sue “at any time” terminated with the license agreement

Patently-O

” Years later, AlexSam sued MasterCard for breach of contract, alleging that MasterCard underpaid royalties by undercounting the number of Licensed Transactions. ” This allows AlexSam to file for breach of contract. Of importance to this case is understanding both their scope and their duration. See Colton v. 2d 65 (App.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

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Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)

Technology & Marketing Law Blog

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. Bright Data responded by closing its Meta accounts and terminating its online contracts with Meta. Meta Platforms, Inc.

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Bombshell Ruling Puts Amendments to Click-Wrap and Terms of Use Agreements in Question

IP Tech Blog

Given the complete lack of evidence of notice within Defendant’s service itself, Plaintiff’s ongoing use of the service is irrelevant to determining whether he had actual or constructive notice of the post-2011 terms of service. The case is Sifuentes v. Dropbox, Inc. 2022 WL 2673080, *4 (N.D. June 29, 2022).

Contracts 113
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UK Government axes plans to broaden existing text and data mining exception

The IPKat

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.