LexBlog IP

APRIL 26, 2022

The Full Court has taken a conventional approach to determining the meaning of the term ‘inventor’ in the Patents Act 1990 , observing (at [83]) that ‘[t]he duty to resolve an issue of statutory construction is a text-based activity’ and that while it is ‘appropriate to consider policy considerations.

Invention 52

Invention Inventor Patent Law Patent 52

Patently-O

MARCH 4, 2024

The ITC and Jinhe contend Celanese focuses too narrowly on the AIA’s “claimed invention” language and that there is no meaningful distinction from the prior statute’s use of “invention” and the new “claimed invention” even in the context of the on-sale bar.

Patent 40

Patent Invention Inventor Patent Application 40

Technology & Marketing Law Blog

MARCH 22, 2022

” Thus: Under the plain language of the License, YouTube cannot be liable for directly infringing any copyrights associated with any content that Business Casual has uploaded to its channel. The plaintiff basically said “WTF? The court’s like, “HUH?

Business 105

Business Copyright Copyright Infringement Licensing 105

Patently-O

SEPTEMBER 16, 2022

As part of an international negotiation and with some anti-submarine policy justifications, the US switched over to a 20-year term that starts counting days as of the application’s filing date. Throughout this process, the Federal Circuit repeatedly justified its ruling as a plain language interpretation of the rule.

Patent 63

Patent Patent Application Law Technology 63

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The court found that the registrant sold about 8.3 So the court awards damages of $396.95…about the cost of a meal at the French Laundry, or not even 1 hour of the registrant’s time that it claims is worth $450/hr.

Registration 110

Registration Fair Use Copyright Designs 110

Technology & Marketing Law Blog

AUGUST 1, 2023

With regard to the thumbnail images, the Ninth Circuit held that Google publicly displayed those images: [B]ased on the plain language of the statute, a person displays a photographic image by using a computer to fill a computer screen with a copy of the photographic image fixed in the computer’s memory. Hunley , slip op. 3d at 593. [To

Blogging 95

Blogging Copying Social Media Copyright 95

The IP Law Blog

MARCH 2, 2021

At the Supreme Court, Romag argued that requiring willfulness for a profits award “flouts the plain text of section 35(a) and undermines the broader policies of the Lanham Act,” and is a “serious misinterpretation of federal law” that should not be allowed to stand. The Court next turned to Fossil’s argument. 1045 (2018). Economy, Inv.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

The IPKat

AUGUST 6, 2023

Developments in IP Law, Policy, and Practice: KatFriends’ Views’ Part 2. What about the rest of the contributions? Yet, I decided to embrace my ignorance and run with it by focusing on two articles that cover an issue I improbably care about: the role of the Court of Justice of the European Union (CJEU) and EU directives.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Technology & Marketing Law Blog

JANUARY 9, 2024

To buttress its assessment that the plaintiffs are suing over first-party design and not third-party content, the court says: a “but for”/”based on”/”flows from” test is not consistent with a plain meaning analysis of the words Congress chose to employ. That’s why so many courts, such as Doe II v.

Publishing 74

Publishing Designs Design Law 74

Technology & Marketing Law Blog

SEPTEMBER 13, 2021

This is the statutory language (from Section 230(e)(5)(A))at issue: Section 230(c)(1) does not apply to “any claim in a civil action brought under section 1595 of title 18, if the conduct underlying the claim constitutes a violation of section 1591 ” (emphasis added). Prior courts have split on this question.

Blogging 116

Blogging Marketing Marketing Law 116

Trading Secrets

JUNE 3, 2022

The defendant former employee was provided access to plaintiff’s confidential information during employment, including strategies on how to secure winning bids and information about plaintiff’s existing and potential clients. In the past, plaintiff had won about 75 percent of the bids it submitted for a specific client. 3d 1364 (Fed.

Law 59

Law Confidentiality Designs Design 59

43(B)log

APRIL 15, 2024

It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. It also does not raise the policy concerns that underlie the Lanham Act’s anti-trafficking provision.”

False Advertising 64

False Advertising Advertising Advertising Marketing 64

Technology & Marketing Law Blog

JUNE 20, 2023

Both parties were no doubt concerned about AWF’s sales of the 16 originals and past and future licensing of reproductions of the Prince Series, but a sincere apology and good-faith negotiations may have resulted in a win-win situation for all concerned. Although the majority opinion in Warhol does NOT say anything about limiting Google v.

Fair Use 94

Fair Use Derivative Work Blogging Licensing 94

43(B)log

JUNE 24, 2022

Introduction: Mark McKenna: This is a conversation about what it means to be a TM and what it means to use matter in a way that violates a TM right. Nothing special about ornamentality in this respect—it is that rather than being source-identifying, or in addition to that. Thinking about its positive theorization is useful.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

JULY 25, 2022

My previous blog post contains detailed information about the Copyright Act’s three-year statute of limitations [ 17 U.S.C. § But it said nothing more about the discovery rule, because it had no application to the facts in Petrella. Background: The Copyright Act’s Statute of Limitations. 507(b) ] and how it has been interpreted.

Blogging 84

Blogging Copyright Licensing Copyright Infringement 84

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The only thing “clear” about FOSTA is that Congress had no idea what it was doing or why. These claims may be couched as complaints about Facebook’s “design and operation” of its platforms “rather than. The judge’s statement can’t be true without some further unstated qualifiers.

Blogging 107

Blogging Publishing Social Media Advertising 107

Michael Geist

MARCH 8, 2023

In doing so, he has left no doubt about the government’s true intent with Bill C-11: retain power and flexibility to regulate user content. But regardless of the upcoming legislative steps, the government has left no doubt about its position.

Government 118

Government Social Media Technology 118

Michael Geist

NOVEMBER 17, 2022

There is a reason the government and those groups speak of Schitt’s Creek and not Gotta Love Trump (both Cancon) and cat videos rather than Brousseau (who goes by ResilientInuk) as they seek to diminish the value of digital creators and avoid hard questions about Cancon. . But then Simons asked directly about the interpretation of Section 4.2

Government 96

Government Privacy Law 96

Michael Geist

APRIL 4, 2023

Bill C-11 took a major step forward late last week as the government cut off debate yet again and forced a vote on an amended bill that rejected the Senate’s fix to concerns about user content regulation. That said, respect for democratic principles within the legislation is reason to call for more sober second thought.

Social Media 96

Social Media Government Television Technology 96

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The agencies committed to “take appropriate steps to address companies making false or misleading communications about biologics, including biosimilars and interchangeable products, which will help deter anti-competitive behavior in the biologics market and can help lead to the use of all available biological products.” M and about 1.0’

Litigation 52

Litigation Settlement Patent Marketing 52

43(B)log

AUGUST 12, 2021

Substantive disagreement takes the language of interpretation in Kirtsaeng. Textualism becomes an acceptable method in Star Athletica: there’s a plain meaning (despite an 8-way circuit split). To me this is why textualism is often quite empty; 102(b) itself is quite clear about not protecting things that are part of protectable works.]

Copyright 45

Copyright Fair Use Copying Music 45

LexBlog IP

OCTOBER 31, 2022

On October 4, 2022, the White House’s Office of Science and Technology Policy published the Blueprint for an AI Bill of Rights. ” See AI Bill of Rights, About this Document. ” See AI Bill of Rights, About this Document. The AI Bill of Rights explores ethical considerations when deploying AI.

Privacy 52

Privacy Designs Design Government 52

Barry Sookman

MAY 4, 2020

12 Therefore, interpreting “inventor” broadly to encompass machines would contradict the plain reading of the patent statutes that refer to persons and individuals. ”‘ The petitioner also advanced policy considerations to support the position that a patent application can name a machine as an inventor.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52

43(B)log

FEBRUARY 3, 2024

Axanar/Star Trek case, defendants repeatedly talked about their fandom and how they wanted to celebrate their love of Star Trek. Colting: “60 Years’ plain purpose is… to satisfy Holden’s fans’ passion”:—trying to make fans think differently is ok, but enjoyment is not. Pay for your pleasure or shut up about it.

IP 59

IP Marketing Marketing Patent 59

Technology & Marketing Law Blog

JULY 1, 2022

Dominion’s defamation lawsuit against Fox News for its role in the “Big Lie” about the 2020 presidential election results survives Fox News’ motion to dismiss. Wired : Are TikTok Algorithms Changing How People Talk About Suicide? CCIPS can consult with prosecutors about specific applications of this factor.

Blogging 89

Blogging Social Media Government Advertising 89

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

The principal remaining Q: what will happen to these rulings on appeal? * * * Note About the States’ “Expert” Tony Allen Both Arkansas and Texas retained Tony Allen from the UK as an “expert” witness. But what about other platforms, like Snapchat?

Social Media 123

Social Media Privacy Law Government 123

Technology & Marketing Law Blog

JANUARY 24, 2023

The Republicans have made the techlash the centerpiece of their policy platform; meanwhile, some of the most anti-Internet laws enacted in 2022 came from “blue” states. Third, 2022 was an election year, so politicians on all sides pretended they cared about “protecting kids online.” revolution. NetChoice v.

Law 112

Law Social Media Government Privacy 112