Technology & Marketing Law Blog

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” These TROs produce substantially more benefits to rightsowners than the standard notice-and-takedown procedure that has dominated IP enforcement for the past quarter-century.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With the spike in economic growth in the battery and electric vehicle (EV) industries, the IP world is seeing a commensurate spike in battery patenting activity. Ralph Phillips , and Daniel Tishman explore this growth and discuss considerations for companies protecting and defending their IP. Enforcement and litigation considerations.

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The IPKat

MAY 26, 2023

Last year, former GuestKat Jan Jacobi reported both the Warsaw District Court’s Referral to the CJEU and AG Rantos’ Opinion on the TB v Castorama Polska and Knor litigation (see IPKat posts here and here ). Article 4(a) refers to the ‘holders of intellectual property rights’ being entitled to apply for an Article 8 request.

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Intellectual Property Cease and Desist IP Ownership 67

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. There are notable exceptions. In Pyrrha Design Inc.

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The IPKat

APRIL 22, 2024

Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. As an added bonus, participants will have the exclusive opportunity to attend a hearing at the Court of Justice of the European Union in Luxembourg.

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Intellectual Property Law Intellectual Property IP Litigation 62

Kashishipr

AUGUST 10, 2022

Another crucial field where blockchain can be utilized is Intellectual Property (IP). Why is IP Protection Such an Imminent Concern? Furthermore, in the past, when someone tried to make an IP claim in the court of law for possession, the middlemen and bureaucracy used to create chaos in everything.

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Intellectual Property Ownership Contracts IP 52

43(B)log

OCTOBER 1, 2022

Maltbie: Article of manufacture definitions, as Burstein has written about. Is the text that defines the article or is it the drawing? Virtual designs: how do you get potential IP protection on the design patent side for designs that don’t exist in physical space? Q: important issues now?

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Intellectual Property Design Patent Law Designs 84

IP Watchdog

AUGUST 2, 2021

A highly creative and successful writer, producer and performer, Prince was also a savvy IP strategist, who sought to control his work, name and image. He also railed against his record company, which sought to assert ownership rights over his catalogue and name.

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Intellectual Property Music Ownership IP 137

LexBlog IP

OCTOBER 12, 2021

This well written article by Martha M. from Medical Economics , provides insight into the many aspects of intellectual property law as it relates to the medical profession. As an additional point regarding the discussion of patent law, it must be kept in mind that patent litigation costs are not inexpensive.

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The IPKat

JANUARY 17, 2023

This book review is brought to you by Rosie Burbidge, London based IP partner at Gunnercooke. Tritton on Intellectual Property in Europe is now in its Sixth Edition. The key change in this new edition is the impact of Brexit which permeates everything but whose impact on IP law is still largely TBC.

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LexBlog IP

FEBRUARY 15, 2023

There are, however, several challenges related to obtaining IP protection for algorithms in China. Lack of IP protection may expose the development to theft, infringement and misuse by Chinese competitors and it may result in huge economic losses for the developers. But rights holders must be prepared.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. Fish principals Hyun Jin (HJ) In, Ph.D. , Ralph Phillips , and Daniel Tishman explore these growing industries and offer considerations for companies protecting and defending their IP.

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Intellectual Property Technology Journalism IP 52

IP Watchdog

MAY 15, 2024

Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman made of attendees of IPWatchdog’s Patent Litigation Masters 2024 program on Monday, imploring them to “think creatively” to solve the intellectual property problems of today. That was the request U.S.

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Litigation Intellectual Property Patent Law 59

LexBlog IP

MARCH 27, 2023

Wikipedia), articles, and other information available on the Internet. ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law.

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IPilogue

OCTOBER 20, 2021

The US has started a worldwide complaint about China’s new legal strategy against intellectual property (IP) theft claims. Since the beginning of 2020, four claims of IP theft have gone to Chinese courts. These injunctions help prevent identical intellectual property thefts in multiple jurisdictions.

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SpicyIP

JANUARY 20, 2024

While the question made sense ever since I read the post, it started making more sense (and bothering me more) after working on the SpicyIP Open IP Syllabus where I witnessed a relative “over-accessibility” of US-European IPR scholarship. I began to wonder – are there actually fewer IP scholars in India (or the Global South in general)?

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IP Watchdog

JANUARY 1, 2023

Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers. Since this is the most significant happening in this space with respect to IP in 2022, this post will provide an overview of that activity as well as a summary exposure analysis.

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SpicyIP

MARCH 27, 2024

So, we dive into the dispute over the role of scientific advisers versus expert evidence in IP litigation. The decision comes at a very interesting stage of IP discussion especially in a globally reclusive IP forum in India, albeit for the sake of inspiration and education. What about our ‘reclusive’ IP forum in India?

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IP Watchdog

APRIL 9, 2024

District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film.

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IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. How has this new legislation impacted foreign patent holders?

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IPilogue

JANUARY 18, 2023

Mac Mok is an IP Innovation Clinic Senior Fellow and a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. This semester, I participated in Osgoode’s Intellectual Property (IP) Law and Technology Intensive program (IP Intensive).

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IP Intellectual Property Government Technology 119

IP Watchdog

APRIL 9, 2024

District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son, respectively, of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film.

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Copyright Infringement Publishing Copyright Litigation 98

IP Watchdog

MAY 7, 2024

Intellectual property litigation in the 21st century has brought to the fore systems for asserting infringement in which IP owners may be spared some of the huge expense of litigation by “routing” extra-judicial enforcement activities through a third party.

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The IPKat

APRIL 14, 2024

Check out the latest IP events, news, and opportunities! Read the article here. The program includes life sciences and artificial intelligence, Unified Patent Court (UPC) litigation, EU Data Act requirements, IP management topics across diverse fields and countries, and a gala dinner. 5 th IP Case Law Conference.

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Intellectual Property Intellectual Property Law IP Licensing 67

IP Watchdog

FEBRUARY 20, 2024

Supreme Court issued an order list that denied petitions for writ of certiorari filed in at least five intellectual property cases. While none of these cases induced large numbers of amici to ask the Court to grant cert, they do represent several current issues in IP law that remain unaddressed.

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Trademark IP Intellectual Property Patent 115

IPilogue

AUGUST 11, 2021

The past few years have witnessed some astounding advances in artificial intelligence, with high profile breakthroughs, such as software now in use autonomously diagnosing disease , algorithms that can design new microchips better than teams of people , and machines that can write interesting articles.

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The IPKat

MAY 5, 2024

The IPKat brings you the latest IP events, news, and opportunities! The Webinar will feature current program students presenting their latest articles on cutting-edge IP topics, as published in the Journal of Intellectual Property Law and Practice and The IPKat. This event will be held in-person only.

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Intellectual Property Intellectual Property Law IP Journalism 62

Trading Secrets

APRIL 4, 2022

Seyfarth partner Jesse Coleman and associate Kevin Green authored an IP Litigator article focused on a recent DTSA/TUTSA lawsuit which involved the public disclosure of alleged trade secret in an expired patent. Read the full article from the March / April 2022 edition of IP Litigator here.

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Editing Litigation IP Patent 59

IP Watchdog

NOVEMBER 8, 2023

The Senate Subcommittee on Intellectual Property held a hearing today featuring witnesses who weighed in on the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, which was introduced in June by Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL) and Mazie Hirono (D-HI).

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The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

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IP Watchdog

MAY 25, 2022

Day two of IPWatchdog’s Patent Litigation Masters Program yesterday included panels on IP Finance, Mega Verdicts in Patent Litigation, Expert Witnesses and the Fintiv Saga. During the latter panel, former U.S.

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IP Watchdog

NOVEMBER 10, 2021

Faegre Drinker is actively recruiting a litigation associate to join their thriving Intellectual Property practice. or Wilmington offices.

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IP Watchdog

SEPTEMBER 8, 2021

Intangibles, and particularly intellectual property, are curious assets. Yet – as most IP-rich companies know – leveraging the value of intellectual property to secure a financing has traditionally been very hard to do. And yes, some litigation finance deals provide for operating expenses.

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IP Tech Blog

APRIL 25, 2023

Every year, on April 26, intellectual property organizations around the world observe “ World IP Day ” – an event established by the World Intellectual Property Organization (WIPO) to raise awareness of patents, copyrights, designs, and trademarks, and to celebrate the creativity and contributions of inventors, authors, artists and entrepreneurs.

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Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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IP Watchdog

JANUARY 18, 2023

Engagement in proactive IP litigation by global companies is the bedrock of trademark enforcement, and Adidas is no stranger to this strategy. Since 2008, this athleisure accessories manufacturer has consistently protected its intellectual property by signing over 200 settlement agreements and fighting more than 90 court battles.

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Intellectual Property Settlement Litigation Trademark 122

IP Close Up

AUGUST 30, 2022

“Few people outside of the innovation ecosystem understand the value of intellectual property,” reports Forbes in an article out this week, “Who is Intellectual Property For? Continue reading.

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