Patently-O

JULY 7, 2022

Parties that participate in these standards development organizations (SDOs) generally agree to license patents that are essential to the implementation of those standards (standards-essential patents or SEPs) to manufacturers of standardized products on terms that are fair, reasonable and nondiscriminatory (FRAND). The Litigation.

Licensing 87

Licensing Contracts Patent Law 87

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 2016) 245 Cal.App.4th

Blogging 100

Blogging Contracts Law Privacy 100

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. dispute back in the Ninth Circuit in 2016. Breach of Contract 2. Tortious Interference with a Contract 3. Power Ventures, Inc. Facebook v.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

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. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Copyright Law and DRM.

Copying 116

Copying Social Media Licensing Technology 116

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 54

Licensing Contracts Patent Law Law 54

43(B)log

FEBRUARY 3, 2023

Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. Before 2016, appeared to be that these multipliers were impermissible punitive damages. In 2016, Leonard v. Lemley: Patent law uses the actual license amount; there’s no reason to use a multiplier when we actually know.

Copyright 59

Copyright Copying Music Fair Use 59

Technology & Marketing Law Blog

MARCH 10, 2022

The analogous non-digital conduct would be to take a photograph of a crowd inside La Baguette with the caption “La Baguette, Christmas party 2016,” erase “La Baguette,” write-in “Tito & Tita,” and keep the photograph on the wall where customers can see it. Tito & Tita appeared first on Technology & Marketing Law Blog.

Social Media 80

Social Media Contracts Ownership Business 80

The TTABlog

APRIL 6, 2022

Illyrian began distributing the products in 2016 and established a first use date of July 31, 2016. As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy.

Ownership 52

Ownership Registration Trademark Contracts 52

Technology & Marketing Law Blog

JULY 22, 2021

2016); Nat’l Numismatic Certification, LLC v. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. This opinion tacks on more ideas: false advertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.” 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

Alkutkar joined Bumble in 2016. Your marketing and engineering teams are going to resent doing mandatory clickthroughs of amendments, so I imagine many of you will keep relying on email notice of amendments because they are so much simpler. Bumble appeared first on Technology & Marketing Law Blog. Bumble, Inc.

False Advertising 125

False Advertising Marketing Marketing Advertising 125

The IP Law Blog

AUGUST 25, 2022

In 2016, the Ninth Circuit reversed that decision and ordered the district court to allow Lang Van to conduct discovery directed at jurisdictional issues. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. market” by VNG.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

Herbert Smith Freehills

SEPTEMBER 10, 2021

In its 2020 NDC, Chile recorded its commitment to reducing at least 25% of the total black carbon emissions by 2030 (compared to 2016 levels). Brazil also passed a gas law opening the LNG market to private companies, which faced criticism contending that using LNG to replace coal is not an effective strategy to reduce emissions.

Contracts 52

Contracts Government Law Marketing 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

In its 2020 NDC, Chile recorded its commitment to reducing at least 25% of the total black carbon emissions by 2030 (compared to 2016 levels). Brazil also passed a gas law opening the LNG market to private companies, which faced criticism contending that using LNG to replace coal is not an effective strategy to reduce emissions.

Contracts 52

Contracts Government Law Marketing 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. ” Double UGH. Facebook, Inc., 2023 WL 3483891 (S.D. May 16, 2023).

Contracts 72

Contracts Law Reporting Blogging 72

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? 2016 survey says 59% of Americans would be willing to buy a smart gun, including 56% of political conservatives and 4 of 14 gun owners.

Copyright 52

Copyright Fair Use Marketing Marketing 52

SpicyIP

JULY 25, 2023

In both disputes, Justice Vibhu Bakhru of the Delhi High Court (DHC) had ordered that the Competition Commission of India (CCI) can intervene in patent licensing disputes under Sections 3 and 4 of the Competition Act – first in 2016 ( Ericsson v. Taking guidance from earlier case law ( Ashoka Marketing Ltd.

Patent 98

Patent Licensing Invention Marketing 98

LexBlog IP

AUGUST 25, 2022

In 2016, the Ninth Circuit reversed that decision and ordered the district court to allow Lang Van to conduct discovery directed at jurisdictional issues. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. market” by VNG.

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. The FDA had accepted the Biologics License Application for priority review in November 2022.

Settlement 52

Settlement Litigation Patent Reporting 52

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Power Ventures was a 2016 case involving Facebook (back when the company itself was still known as Facebook). But that is precisely what courts are allowing it to be used for.

Blogging 87

Blogging Cease and Desist Business Litigation 87

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. 2016; resubmitted May 2018). Legislation Relating to Biologics and Biosimilars. BPCIA Litigation. Neulasta ®.

Settlement 52

Settlement Litigation Marketing Marketing 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

DECEMBER 28, 2021

While your business may be based outside of California, if you have clients in California or marketing targeting California residents or companies, you may be responsible for adhering to California data privacy regulations.   2016: NIST SP 800-171. Ensure data privacy measures are included in contracts.

Privacy 52

Privacy Government Intellectual Property Business 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. It is thus very much in line with the spirit of Title IV, arts. of the Directive. A new para 2 to art. On the other hand, art.

Publishing 130

Publishing Contracts Art Copyright 130

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

43(B)log

FEBRUARY 24, 2021

Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Jose Antonio Arochi: Mexico doesn’t have specific regulations.

Advertising 40

Advertising Advertising Law Privacy 40

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 52

Marketing Marketing Licensing Patent 52

LexBlog IP

JUNE 28, 2023

The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price. 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. 2916/2022. (2)

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. For example, David Westergaard et al analyzed 15 million full-text articles in English from 1823-2016 and compared the findings to results obtained from 16.5 3 and 4) and in Singapore’s new Copyright Act (Art.

Copyright 122

Copyright Social Media Publishing Licensing 122

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 103

Copying Copyright Law Copyright Social Media 103

The IPKat

AUGUST 24, 2023

Novartis kept Mylan out of the Belgian market for a year before the Technical Board of Appeal (TBA) definitively revoked its patent in September 2011. The OD of the EPO declared the patent invalid due to lack of inventive step in 2016, and the TBA confirmed that decision on 20 January 2022.

Litigation 52

Litigation Law Patent Invention 52

Technology & Marketing Law Blog

MARCH 28, 2023

Much digital ink has been spilled on online contract formation; much less on online contract termination. Fourth, Defendant agreed with Facebook to divide markets to ensure Facebook would not develop a competing product. The court dismissed the market division argument on the grounds that it was time barred.

Blogging 105

Blogging Cease and Desist Contracts Marketing 105

43(B)log

FEBRUARY 24, 2023

Collapse of separate body of unfair competition, but also old-fashioned ways of thinking what it means to use as a mark—a certain kind of way of expecting products to be introduced to the market, that is no longer reflective of lots of stuff that goes on, especially digitally. Is that lack of progress producing the anachronisms?

Trademark 49

Trademark Branding Brands Branding 49

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021. With respect to commercial launches, the United States saw fewer new biosimilars entering the market in 2021 than in previous years. 2016; resubmitted May 2018). September 23, 2016.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). The Falwell court was on solid ground in denying relief on the grounds of an implied license. complaint filed Jan.

Copyright 119

Copyright Blogging Publishing Fair Use 119

43(B)log

FEBRUARY 19, 2022

Contracts aren’t enough to specify what each person is to do and what percent of the profits they get. In 2016, b/c of issues from 2012 and McCain, the ASCAP/BMI blanket license added an opt out for political campaigns. Is there evidence of market harm from use by campaign? markets to see R and D effects, but not yet.

Branding 59

Branding Brands Branding Music 59

The IP Law Blog

FEBRUARY 23, 2023

The audiobook, The Trump Tapes , is comprised of 20 audio interviews, one with Trump during his presidential campaign in 2016 and the remaining 19 from the interviews conducted during his term as president. Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98