Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

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Patently-O

AUGUST 31, 2021

There apparently is no claim of copying of any lines of software, but instead it is copying of the functionality and use of the particular coding language. 702 (2015). Anthony Reese, Proving Infringement: Burdens of Proof in Copyright Infringement Litigation , 23 Lewis & Clark L. 1821 (2013). 621 (2019).

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Copyright Intellectual Property Law Intellectual Property Copyright Infringement 109

Biswajit Sarkar Copyright Blog

SEPTEMBER 13, 2023

This time around he was accused of copying Marvin Gaye and Ed Townsend’s hit song “Let’s Get It On”. However, in 2022, the Sheeran found himself engaged in another copyright infringement litigation over the said song. This time around, the singer was accused of infringing a 2015 song named “Oh Why” sung by Sami Chokri.

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LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. The deposit can be either a physical copy of the mask work or a digital copy in a format specified by the Office. when the mask work is involved in litigation. In particular, Section 1213.2

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JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. 18] Netflix admitted it had access to and copied the memoir. [19] SETTLEMENT CASES. 5] Netflix and the estate quickly settled. [6].

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The IPKat

JANUARY 17, 2024

In this sense, a somewhat similar – though dated (by that meaning: pre- Infopaq [IPKat here and here ] ) – case litigated both in France and the UK cannot but come to mind: Hyperion Records v Sawkins [IPKat here ] , concerning copyright protection of a ‘reconstructed’ baroque music score. A second (revised) edition followed in 2008.

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IP Intelligence

SEPTEMBER 22, 2021

In 2015, the Supreme Court, in B&B Hardware, [1] decided in a 7-2 vote that issues decided in TTAB proceedings may have preclusive effect if the elements of issue preclusion are met. Litigants should therefore not be required to pursue district court proceedings prior to bringing TTAB proceedings. 957 (2015), available at [link].

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LexBlog IP

SEPTEMBER 22, 2021

In 2015, the Supreme Court, in B&B Hardware, [1] decided in a 7-2 vote that issues decided in TTAB proceedings may have preclusive effect if the elements of issue preclusion are met. Litigants should therefore not be required to pursue district court proceedings prior to bringing TTAB proceedings. 957 (2015), available at [link].

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IIPRD

JANUARY 23, 2023

Firstly, Direct infringement wherein a patented product can be literally copied element to element (Literal direct infringement) and equivalently copied with little to minimal changes not essentially affecting the effect of the product (Equivalent direct infringement). This assist if a situation of litigation arises. [9]

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LexBlog IP

OCTOBER 26, 2021

And as an added bonus, the 1,100 recipients in the latest round also received a copy of the Notice regarding endorsements and testimonials. The more recent cases from 2013 and 2015 settled generally in the six-figure range. Let’s talk a little bit about what is in the latest round of Notices.

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The IPKat

MAY 12, 2023

He resigned in 2015. The UK proceedings meanwhile were commenced in September 2019 alleging that Mr Aughton copied or otherwise made use of the PQ software ProSPC when he wrote InSPC v1 and v2 (either by use of automatic translation software, or manually, or a combination of the two). 296-297).

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The IPKat

MARCH 24, 2024

This has created a market where the distinction between inspiration (homage=good) and copying (theft=bad) is sometimes difficult to apply. In a recent article see here ), writer Anthony Traina expresses it aptly: “The problem with these types of watches has never been inspiration, but when imitation poses as inspiration.”

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Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

PDF copy available. In doing so, the AIA sought to “establish a more efficient and streamlined patent system that [would] improve patent quality and limit unnecessary and counterproductive litigation costs.” 14 The PTAB then held all challenged claims patentable 15 , and the district court litigation restarted in August 2016.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

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Technology & Marketing Law Blog

JULY 5, 2022

Finally, there are genuine obstacles to MoneyBags’s participation, given the expense of litigation and the lack of a contrasting economic incentive in this suit. We don’t see a lot of 512(h) litigation, so I don’t expect this scenario to come up often, but it’s nice to know that services have this option.

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LexBlog IP

DECEMBER 7, 2022

Set against a brief historical backdrop of “banana-centric art,” Judge Scola observed that, “to ultimately succeed on his claim of copyright infringement, Morford must establish ‘(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.’” ” [21]. .”

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The IPKat

OCTOBER 7, 2021

In the second of a two-parter opinion piece, two US patent and anti-trust litigators in the form of Mark Selwyn , Tim Syrett and Alix Pisani of WilmerHale (who have acted in some of these cases) discuss their view of what is going on and where the answer might, and should lie. 5 In Core Wireless Licensing S.A.R.L.

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Copyright Lately

OCTOBER 24, 2022

In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair. But if you’re exploiting AI art generated without any human contributions, understand that you may have no legal recourse if others later copy that work. copyright law.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. 2015; resubmitted Feb. 2015; resubmitted Dec.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

PDF copy available. Usually, consumer adoption of a given technology correlates to the level of IP litigation. patent litigation. Despite the AI market growth and AI-related patent filings, patent owners were reluctant to bring litigation over AI technologies. 2015-01902 (P.T.A.B. See, e.g., Cisco Systems, Inc.

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The IPKat

JUNE 23, 2022

easyGroup Ltd v Nuclei Ltd [2022] EWHC 901 (Ch) (April 2022) Serial trade mark litigant easyGroup, the vehicle for Sir Stelios to seek to monopolise the word “easy” for travel and just about everything else, received some comeuppance before Mrs Justice Bacon. The Claimant has done well to win this case. They were so struck out.

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The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. litigation in U.S. Published in Landslide , Vol. Reproduced with permission.

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Patently-O

MAY 8, 2023

During the litigation, UCANN filed for bankruptcy, causing the case to be stayed, and eventually, the parties stipulated to a dismissal of the infringement claims with prejudice. The usual rule in American litigation is that each party pays their own attorney fees – win or lose. 2015) and SFA Sys., ” 35 U.S.C.

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Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

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Copyright Lately

JULY 10, 2022

” A 2015 post on Morford’s Facebook page depicting the junk that he claims was stolen and pimped. Here’s a photo of his entire art piece that I found in a 2015 post on Morford’s Facebook page. Morford’s “Banana & Orange,” as shown in a 2015 post on his Facebook page. Plagiarism much?”

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Patently-O

DECEMBER 11, 2023

The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose. That is far too hasty. Google, Inc.,

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LexBlog IP

AUGUST 23, 2023

For a court, that process means “’dissect[ing] the allegedly copied [work’s] structure and isolate each level of abstraction contained within it.’” 469, 473 (2015)), “[c]opyright adjudication requires judges to adopt interpretative methodologies, whether or not they address them explicitly.”

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Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law. 4772 (113th Congress).

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LexBlog IP

OCTOBER 25, 2023

That is the difference between the court of public opinion in one’s industry and a court of law in a governmental building—”In writing, plagiarismis a straight-up cardinal sin: If you copy, you’re wrong. ’ Piccone v. Bartels , 785 F.3d 3d 766, 771 (1st Cir.

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Trading Secrets

JUNE 3, 2022

The district court reasoned that plaintiff needed to demonstrate that the corporate defendant copied plaintiff’s project in order to satisfy the “use” requirement under the DTSA. The defendant argued that an order denying fees under CUTSA is collateral to the litigation. at *8; see also Payward, Inc. In Peterson Machinery Co.

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TorrentFreak

DECEMBER 22, 2022

Since 2015, TIR has made its specialist content available via the website mistressharley.com (NSFW) and through authorized third parties under licensing agreements. In parallel, websites that sell pirated copies of TIR’s copyrighted videos compete in the same market by targeting TIR’s customers. .

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SpicyIP

FEBRUARY 24, 2023

respondent) has registered the mark ‘Alphard’ in 2015, for using it in classes 9 (different scientific, nautical, life-saving apparatus, computer and computer softwares etc.) However, as highlighted by Gaurangi here , after the dissolution of the IPAB and removal of its website, openly accessible copies of such orders are not available.]

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Copyright Lately

DECEMBER 28, 2022

” But instead of actually discouraging NOCO from using litigation as an anti-competitive business tactic, the decision only ensures that Topdon will need to continue spending money to either settle or defend this baseless lawsuit. Gregorini v. Alexander v. Take-Two Interactive. Morford complaint should have been left to rot.

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Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. 1994), the plaintiff gave a copy of his screenplay to a film producer in 1985. Under Sohm , Starz’s cause of action for violations occurring in 2015 would be barred before they “accrued” under the discovery rule.

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LexBlog IP

JULY 21, 2021

.” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015). ” Welsh (2015) at 134. As that Compendium notes in its 2021 edition at Section 313.2 : The Office will not register works produced by nature, animals, or plants. ” Id.

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Copyright Lately

APRIL 17, 2023

Serial copyright plaintiffs beware: the discovery rule may not excuse late-filed infringement claims brought by “seasoned litigators.” It’s also a frequent copyright litigant who’s filed more than 100 cases, including 66 in just the past three years. Well, they came back to bite it in the ring-tail.

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Technology & Marketing Law Blog

MAY 15, 2024

He served one prison term from 1989 to 2008, and another from 2012 to 2015. One Music Specialist work (“Jam the Box”) was interpolated into Flo Rida’s hit song “In the Ayer,” which sold millions of copies and reached No. Meanwhile, Butler (unbeknownst to Nealy) entered into an agreement with Warner Chappell Music, Inc.

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