Patently-O

SEPTEMBER 24, 2023

In defending its actions, Siemens argued that the Microsoft.NET license provided a complete shield. License is an affirmative defense to patent infringement and so the defendant typically has the burden of presenting and proving the elements. 117 (2014). On appeal, the Federal Circuit affirmed. Microchip , 20-cv-245 (W.D.TX.

Settlement 93

Settlement Licensing Privacy Business 93

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows.

Copying 115

Copying Social Media Licensing Technology 115

IP Intelligence

MARCH 16, 2022

About one year ago, Russia amended its Civil Code Article 1360 to ostensibly address the Covid crisis by allowing a forced license for use without consent of the patent holder of certain patent monopolies relating to the national security and protecting the life and health of the Russian citizens.

Patent 96

Patent Intellectual Property Government Invention 96

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire. 19 of the Directive.

Music 98

Music Art Licensing Copyright 98

The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

Licensing 57

Licensing Litigation Technology Patent 57

IP and Legal Filings

FEBRUARY 9, 2023

Another section laying out for compulsory licensing for facilitating benefit to disabled is section 31B, where such person or individual acting in pursuit of facilitating benefit to people with disability on a profit basis or business can request the court for compulsory license to publish copyrighted works. 3d 87 (2d Cir.

Copyright 78

Copyright Contracts Copying Licensing 78

CopyrightsWorld

FEBRUARY 10, 2021

When Gassée saw the software, he was enraged but didn’t want a lawsuit, so he ended up agreeing to license the interface. This led to a six-year legal battle, culminating in 1989, with the court ruling that 179 of the 189 disputed displays were covered by the existing license, and the remaining 10 did not violate Apple’s copyright.

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

The IPKat

FEBRUARY 8, 2023

In terms of design law, it does not appear that McDonald's has chosen to protect the aesthetic appearance of the Happy Meal. Nor does the unregistered EU design law appear to be a valid legal basis. Perhaps, McDonald’s should not have disregarded design law. Both designates class 42 (i.e.

Designs 62

Designs Design Law Copyright 62

IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. The underlying work can only be assigned or licensed in writing by the right holder or agent authorized by him. INDUSTRIAL DESIGNS.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 55

Licensing Contracts Patent Law Law 55

Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). We were not aware that the image may have been created by AI” 2. The focus in these cases was on parody.

Copyright 145

Copyright Art Fair Use Registration 145

Michael Geist

AUGUST 5, 2021

” This spin may have been designed to assuage the concerns of members who had invested in the litigation, but it did little to level with them on the true implications of the decision. On the contrary, it leaves copyright licensing in the education sector alive and well.” The same was true after the Access Copyright v.

Copyright 145

Copyright Copying Licensing Litigation 145

Patently-O

DECEMBER 14, 2021

Here, Apple licensed a large number of Qualcomm patents as part of a portfolio license, but has only challenged a couple of them via IPR. Those two principles of law are designed to ensure finality of judgment and avoid relitigation. That 2014 Brain Life decision was followed by a further expansion of Kessler in Speedtrack (Fed.

Patent Law 86

Patent Law Law Patent Licensing 86

LexBlog IP

MARCH 16, 2022

About one year ago, Russia amended its Civil Code Article 1360 to ostensibly address the Covid crisis by allowing a forced license for use without consent of the patent holder of certain patent monopolies relating to the national security and protecting the life and health of the Russian citizens.

Intellectual Property 52

Intellectual Property Patent Government Invention 52

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

TorrentFreak

AUGUST 7, 2021

Depending on venue, landlords can benefit from increased footfall and increased revenue when airing matches but for some, commercial licenses offered by broadcasters can be too expensive to be economically viable. To counter this, some use cheaper domestic subscriptions instead while others go flat-out with a pirate set-top box.

Business 135

Business Reporting Copyright Copyright Infringement 135

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 52

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Patently-O

APRIL 11, 2022

In Niazi Licensing Corp. Niazi’s US6638268 covers a double lined catheter designed for placing an electrical lead in the coronary sinus vein. 898 (2014). The specification further explains that it may have a “braided design.” Jude Medical S.C., ” Nautilus, Inc. Biosig Instruments, Inc. ,

Patent 84

Patent Reporting Licensing Designs 84

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

OCTOBER 20, 2023

which was aggrieved by the public notices and letters sent by the defendant, a copyright society, directing the plaintiff to obtain necessary licenses before playing any of their sound recordings. Seatamon Designs Private Limited v. The plaintiff is a company operating hotels, restaurants, taverns, etc., and the Madras High Court in Q.D

Due Diligence 59

Due Diligence Copyright Copyright Infringement Intellectual Property Law 59

LexBlog IP

JUNE 28, 2023

The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license. In other words, it is the price of a program that has not been designed to cover the needs of a specific natural or legal person. 626/2014. (8) 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

IP and Legal Filings

JANUARY 29, 2024

It’s interesting to note that the Act restricts the use of GI marks to licensed users exclusively. This indicates that the Act’s goal is to strengthen the authorized user’s position in situations where a group of users band together to create an association that can acquire the GI designation.

Registration 92

Registration Blogging Designs Design 92

Plagiarism Today

SEPTEMBER 28, 2021

In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed. That court found that most of Prince’s work was non-infringing (though several works still were) and the two sides ultimately settled the case in March 2014. 1: The Shepard Fairey Dispute.

Fair Use 240

Fair Use Non-Fungible Tokens Copyright Social Media 240

Patently-O

FEBRUARY 24, 2022

20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The settlement also included a license to thousands of Qualcomm patents. Here’s the problem — in its appeal, Apple was not able to show Apple’s rights or duties under the license would change if the patents were cancelled.

Patent Law 95

Patent Law Law Patent Litigation 95

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring.

Trademark 52

Trademark Marketing Marketing Contracts 52

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. As a practical matter, the answer is certainly yes; an open system is built into the design of the internet. 431 (2014).

Blogging 96

Blogging Copying Social Media Copyright 96

IIPRD

MAY 23, 2022

The difficulty with this design is that if the service provider goes down for a while, a large number of users would be affected. ” was given by Gavin Wood (Founder, Parity Technologies) in 2014 to describe his view of the internet’s future. What is Web3? Web3 has been the centre of attention for quite some time now.

Intellectual Property 104

Intellectual Property Ownership Technology Intellectual Property Law 104

IP and Legal Filings

FEBRUARY 12, 2023

In Xerox case [viii] , the court stated that, “ The conflict between the antitrust [ix] and IPR laws arises in the methods the embrace that was designed to achieve reciprocal goals. The allegation, against Microsoft was that they were refusing to license its software to Sun Microsystems while at the same time licensing to Sun’s competitors.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] 5] A business filing and an auction license are required to establish an auction house in mainland China.

Art 52

Art Marketing Marketing Artwork 52

LexBlog IP

SEPTEMBER 7, 2021

One year ago, the Wake Forest Journal of Business & Intellectual Property Law addressed the prospect of compulsory licensing under the Trade-Related Aspects of Intellectual Property Rights ( TRIPS Agreement ). Another critical aspect to RNA vaccinations is the nano-particle delivery system used, such as the one described in the 2014 U.S.

IP 52

IP Intellectual Property Intellectual Property Law Licensing 52

Traverse Legal Blog

AUGUST 15, 2022

The first known NFT was minted in 2014 and since then has seen rapid growth. Non-fungible tokens have been designed to give you ownership of something that cannot be replicated or copied. NFT License Agreement Template/Sample – [link]. What are NFTs? In a way, these NFTs are modern day collectibles.

Non-Fungible Tokens 52

Non-Fungible Tokens Ownership Intellectual Property Artwork 52

SpicyIP

FEBRUARY 12, 2024

The plaintiff submitted that though their “Sufiyana” mark has not been registered, they have been using the same since 2014/ 2018 and thus have gathered a substantive goodwill in the market. It was submitted that the Defendant’s mark has not been registered yet, and application has been filed in 2023 on a proposed-to-be-used basis.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

FEBRUARY 21, 2022

Although NFTs have been around since 2014 , this asset class has only just experienced its first and quite remarkable outgrowth , thus staking its claim in the broader blockchain industry. Larva Labs (the creators of CryptoPunks) employs the Dapper Labs NFT License. With an astounding $17.7

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Kluwer Copyright Blog

MARCH 21, 2023

The ‘practical difficulties’ that the Commission acknowledges in its conclusions, which in our view stem from the regime designed in the OWD rather than the Member States’ implementation or practices, will continue to exist. The Directive will therefore continue to exist as it is, with no changes to its scope or its system.

Copyright 102

Copyright Marketing Marketing Licensing 102

Kluwer Copyright Blog

JUNE 1, 2023

The ECS already pointed to this goal of a union[1]wide unification of copyright in a letter sent to Commissioner Günther Oettinger in December 2014. The ECS believes the time is now ripe to prepare initiatives to realize this ambition (following the ambition of EU trade marks, EU designs, and unitary patents) based on Article 118 TFEU.

Copyright Law 110

Copyright Law Copyright Law Art 110

Bio Law Blog

FEBRUARY 18, 2020

Both biologic products target the CD19 protein and were granted priority review and breakthrough therapy designation before receiving approval in 2017. Novartis was also involved in a lawsuit with Juno Therapeutics over infringement of a different patent licensed by Juno back in 2014 (St. DLBCL is the most common NHL.

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Litigation Patent Licensing Patent Infringement 40