JD Supra Law

JULY 30, 2024

Insall, 2024 WL 3381286 (7th Cir. July 12, 2024) - The 7th Circuit recently upheld an arbitration award and found that royalties may be collected after the expiration of the related patent(s) if those royalties were not directly tied to the related patents. Zimmer Biomet Holdings, Inc. By: Irwin IP LLP

Contracts 66

Contracts Patent IP 66

Nelligan Law

MARCH 28, 2024

Reading Time: 2 minutes The proposed Ontario 2024 Budget includes changes to the standard automobile insurance policy. It’s wise to review your contract and discuss your insurance coverage with your lender to ensure compliance and avoid any potential issues.

Contracts 95

Contracts Government Law Blogging 95

JD Supra Law

JANUARY 5, 2024

Vendor procurement practices will continue to evolve in 2024 to reflect corporate AI risk management and governance policies. While companies are beginning to appreciate that vendor work product may be developed using AI tools unless their contracts specify otherwise, they have not fully appreciated what that means for their businesses.

Contracts 63

Contracts Government Business 63

IP Law 360

AUGUST 4, 2023

and the artist behind the iconic "Fearless Girl" statue in New York City over alleged trademark rights infringement and contract breach claims will head to trial in April 2024. A long-running dispute between the asset management firm State Street Global Advisors Trust Co.

Contracts 74

Contracts Trademark 74

JD Supra Law

JULY 24, 2024

The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand. By: Kaufman & Canoles

Contracts 68

Contracts Law 68

Kluwer Copyright Blog

JUNE 2, 2024

Photo by Jonathan Kemper on Unsplash On 7 May 2024, Open AI published its approach to data and AI (ADAI). This statement sets out OpenAI’s vison for a ‘social contract for content in AI’.

Contracts 74

Contracts Copyright Publishing Business 74

JD Supra Law

JUNE 4, 2024

A Los Angeles jury has found following a monthlong trial that StubHub owes more than $16 million for breaching its contract with Spotlight Ticket Management, which does business as TicketManager, and interfering in the company’s relationship with American Express. By: Kaufman & Canoles

Law 68

Law Contracts Business 68

JD Supra Law

MAY 15, 2024

On May 9, 2024, a California district court dismissed, with leave to amend, the complaint brought by social media platform X Corp. May 9, 2024)). Back in January 2024, a California court in another. formerly Twitter) against data provider Bright Data Ltd. Bright Data Ltd., 23-03698 (N.D. Bright Data Ltd., 23-03698 (N.D.

Social Media 71

Social Media Contracts Technology 71

43(B)log

JANUARY 18, 2024

Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum June 3-4, 2024, Stanford Law School Harvard, Stanford, and Yale Law Schools are soliciting submissions for the 2024 Harvard/Stanford/Yale Junior Faculty Forum, to be held at Stanford Law School on June 3-4, 2024. The deadline for submissions is February 23, 2024.

Intellectual Property 71

Intellectual Property Law Contracts Litigation 71

JD Supra Law

FEBRUARY 19, 2024

Spaulding, 2024 WL 229406 (M.D. A federal court in Florida recently granted in part and denied in part a former franchisee’s motion to dismiss claims for breaching a post-termination noncompete agreement, trademark infringement, and unfair competition. CHHJ Franchising LLC v. By: Lathrop GPM

Contracts 68

Contracts Trademark 68

TorrentFreak

AUGUST 26, 2024

Early June 2024, Italian media reported on comments made by the head of telecoms regulator AGCOM at the Serie A Festival a few days earlier. ” So, with no indication that a contract has been awarded, much less a supplier having committed to delivering everything in four months, Piracy Shield 2.0 may not even exist.

Reporting 86

Reporting IP Copyright Contracts 86

JD Supra Law

JUNE 4, 2024

WilmerHale lawyers advise clients on every aspect of trade secret law from contracts to complex litigation. Below please find a short update on an important development in trade secret whistleblower protections in the Northern District of California. By: WilmerHale

Contracts 63

Contracts Litigation Law 63

BYU Copyright Blog

AUGUST 5, 2024

Francis On April 1st, 2024, we reported on a case involving professional photographer Mando Morlos (Morlos) and St. Francis") for copyright infringement and breach of contract. On June 13, 2024, St. After their petition was granted, they filed a Motion to Dismiss on June 20, 2024. In his complaint, Morlos argued that St.

Contracts 52

Contracts Graphic Design Copyright Law Social Media 52

TorrentFreak

JANUARY 1, 2023

501 et seq, business defamation, violation of the Washington Consumer Protection Act under RCW 19.86.020, and breach of contract.” The date set by the court is April 15, 2024, and the trial itself is expected to last between three and five days. § 1125(a), copyright infringement under 17 U.S.C. § ” The Long Haul Ahead.

Settlement 107

Settlement Reporting Copyright Design 107

JD Supra Law

SEPTEMBER 5, 2024

The US Court of Appeals for the Ninth Circuit reversed a district court’s finding that a contract impermissibly allowed for patent royalties after the patent expired because the post-termination royalty payments were allocated to non-US patents. 23, 2024) (Friedland, Mendoza, Desai, JJ.) (per Bard, Inc. Atrium Med. 23-16020 (9th Cir.

Patent 61

Patent Contracts 61

JD Supra Law

JULY 18, 2024

On April 23, 2024, the Federal Trade Commission narrowly approved a rule banning most non-competition agreements. The rule, set to go into effect on September 4, 2024, prohibits employers from including non-compete provisions in new employment contracts.

Contracts 73

Contracts Copyright Patent 73

Technology & Marketing Law Blog

JULY 9, 2024

The Ninth Circuit easily dismisses most of it in a breezy memorandum opinion, but the contract claim gets revived for a little longer. In a mild surprise, the panel revives her breach of contract claim. This resurrects Lloyd’s breach of contract claim, but only temporarily. 2024 WL 3325389 (9th Cir. Facebook, Inc.

Contracts 70

Contracts Privacy Blogging Publishing 70

Barry Sookman

JUNE 1, 2024

2024 SCC 20 on the construction of exclusion clauses in contracts. Specifically, the appeal concerned a contracting party’s ability to contract out of the statutorily implied condition of sale by description under the Sale of Goods Act , R.S.O. Pine Valley Enterprises Inc., 1 (“ SGA ”).

Contracts 57

Contracts Law 57

The IPKat

AUGUST 12, 2024

By an order issued on 31 July 2024 ( UPC_CFI_195/2024 ), the Hague Local Division (LD) of the Unified Patent Court granted a preliminary injunction in favor of Amycel LLC, a developer of mushroom strains. On May 3, 2024, Amycel filed an action with the Hague Local Division of the UPC. Order of 30 April 2024).

Contracts 106

Contracts Patent Patent Law Law 106

The IPKat

FEBRUARY 13, 2024

The updated EPO Guidelines for Examination will enter into force on 1 March 2024. A draft version of the Guidelines can be previewed here. The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority).

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Invention Art Inventor Design 70

JD Supra Law

JULY 8, 2024

On June 14, 2024, Tesla filed a complaint in the Northern District of California against Matthews International Corp. for trade secret misappropriation, along with breach of contract and unfair business practices. By: Proskauer - Trade Secrets

Litigation 73

Litigation Technology Contracts Business 73

JD Supra Law

AUGUST 1, 2024

Federal Trade Commission's final rule, which broadly prohibits the use of noncompete contracts, goes into effect September 4, 2024. Recent federal and state regulations have restricted employers' use of noncompete agreements, which in part are designed to protect trade secrets. By: Jones Day

Contracts 66

Contracts Design Designs 66

Technology & Marketing Law Blog

JUNE 12, 2024

Its main substantive terms: (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services. (2) 2024 WL 1430251 (C.D.

Law 61

Law Contracts Litigation Business 61

JD Supra Law

MAY 2, 2024

2024), the U.S. In DexCom, Inc., Abbott Diabetes Care, Inc., 4th 1370 (Fed. Court of Appeals for the Federal Circuit affirmed a district court’s denial of a preliminary injunction, finding that a patentee could not rely on a forum selection clause found in a settlement between the parties to avoid IPR proceedings. By: Haug Partners LLP

Contracts 63

Contracts Settlement 63

Technology & Marketing Law Blog

MARCH 30, 2024

He sued YouTube claiming that the content removals breached YouTube’s contract. Accordingly, there is no right to prior notice before removal of content and no requirement of cause before removal under Plaintiff’s contract with YouTube. 2024 WL 1330116 (D. March 28, 2024). YouTube easily wins. YouTube, Inc.,

Contracts 81

Contracts Blogging Marketing Marketing 81

JD Supra Law

MAY 3, 2024

1] Announced on April 23, 2024, following a 3-2 vote by the FTC Commissioners, the rule represents a significant policy shift aimed at increasing market competition and employee mobility. The Federal Trade Commission (FTC) has introduced a transformative rule that bans most non-compete agreements across various industries.[1]

Intellectual Property 71

Intellectual Property Licensing Contracts Marketing 71

JD Supra Law

MAY 17, 2024

On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements nationwide with limited exceptions.

Intellectual Property 75

Intellectual Property Contracts IP 75

43(B)log

MARCH 21, 2024

2024 WL 1138906, No. 15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” In re Amazon Prime Video Litig., 2:22-cv-00401-RSM (W.D.

Licensing 114

Licensing Contracts Ownership Litigation 114

JD Supra Law

MARCH 14, 2024

Illustrating the importance of carefully drafting and reviewing language in a covenant not to sue, the US Court of Appeals for the Federal Circuit found that the plain language of a covenant permitted a licensor to sue a licensee for breach of contract only after termination of the contract. 28, 2024) (Lourie, Chen, Stoll, JJ.) (non-precedential).

Licensing 61

Licensing Contracts 61

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A Rather than engaging this contract law issue directly, the court rules for YouTube on Section 230 grounds: Lady Freethinker’s claims ultimately seek to treat Google as the publisher or speaker of content provided by another information content provider.

Contracts 74

Contracts Design Designs Publishing 74

The TTABlog

JANUARY 12, 2024

Here are the first three Section 2(d) appeals decided by the TTAB in 2024. 90690591 (January 3, 2024) [not precedential] (Opinion by Judge Elizabeth A. 88892357 (January 9, 2024) [not precedential] (Opinion by Judge Cynthia C. Welch 2024. How do you think they came out? Answers in first comment.] See any WYHA?s

Contracts 67

Contracts Technology Brands Branding 67

JD Supra Law

FEBRUARY 5, 2024

Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment contracts, or to require an employee to enter into a noncompete agreement, that does not satisfy an exception under California law—and notes that this "does not constitute a change in, but is declaratory of, existing law.".

Contracts 73

Contracts Law 73

Olartemoure Blog

SEPTEMBER 13, 2024

On August 30th, the Administrative Department of the Presidency of the Republic (“DAPRE”) issued Decree 1122 of 2024, which regulates Article 73 of Law 1474 of 2011, as amended by Article 31 of Law 2195 of 2022. This decree establishes new guidelines for the Transparency and Public Ethics Programs (PTEP).

Due Diligence 52

Due Diligence Intellectual Property Contracts Government 52

Kluwer Copyright Blog

MARCH 4, 2024

This case reveals the important differences between the US Law and the European Union (EU) (and United Kingdom (UK)) Law under several points of view: criminal law, privacy/data protection law, intellectual property (IP) rights (and sui generis rights), and even law of contracts.

Privacy 54

Privacy Law Journalism Intellectual Property 54

The IPKat

JUNE 8, 2024

They are particularly interested in applicants with expertise in Foundations of Tort, Law of Contract, Land Law, or Law of Trusts, and/or in the areas of corporate/commercial law, consumer and marketing law, mental health law, law and technology, or – last but not least – intellectual property. The deadline to apply is 2 July 2024.

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Intellectual Property Intellectual Property Law Design Designs 70

The IPKat

JANUARY 27, 2024

One valid reason for acceleration is that infringement or revocation proceedings, in respect of the same underlying patent, are pending before a national court, other competent authority in an EPC contracting state, or the UPC. The board shall inform the parties of its decision. Full details here.

Intellectual Property 62

Intellectual Property Contracts IP Music 62

IP Tech Blog

FEBRUARY 8, 2024

Both laws, summarized below, went into effect on January 1, 2024. First, AB 1076 renders all noncompete clauses in employment contracts void. Under the law, employers must individually inform current and former employees who have or had unlawful noncompetes in their contracts that those provisions are no longer valid.

Law 57

Law Contracts Confidentiality Business 57