LexBlog IP

NOVEMBER 3, 2023

As our blog has demonstrated time and again, aggressive, and immediate action is necessary in these situations and typically once the gauntlet is thrown down, settlement is difficult. From a general standpoint there are two sweet spots that appear in these types of cases when settlement has a shot. Mediation is a fair process.

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Confidentiality Settlement Litigation Business 52

Technology & Marketing Law Blog

JULY 26, 2022

You can get less damages than the cost of litigation, so the whole effort is unprofitable. The court says this lawsuit qualified: “LVSA litigated this case in an unreasonable manner. Its claims were tenuous at best, and that should have been apparent from the outset to its counsel, who has litigated numerous such lawsuits.”

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Trademark Advertising Advertising Litigation 99

Technology & Marketing Law Blog

MAY 13, 2023

Groupon * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. FTC * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Newport Fishing * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. OxBlue * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

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LexBlog IP

APRIL 13, 2023

Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit. Patent trolls normally prefer to keep their operations as confidential as possible, as I wrote about in connection with the District of Delaware. .” How can you tell?

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LexBlog IP

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. Takeaway : Companies often include a long list of information that qualifies as proprietary or confidential.

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Confidentiality Settlement Contracts Business 52

Technology & Marketing Law Blog

NOVEMBER 28, 2022

Groupon. * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Luxy. * Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. . * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v.

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Patently-O

JANUARY 4, 2023

In the USA, civil litigation typically involves substantial discovery — with each party demanding to see the other side’s secrets. That information may be needed to resolve the infringement litigation, but you could imagine a competitor also using the information for a competitive advantage in the marketplace.

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Technology & Marketing Law Blog

DECEMBER 19, 2021

. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. . * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. Reyes & Adler v.

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Advertising Advertising Settlement Trademark 107

Patently-O

FEBRUARY 17, 2023

DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation. DTSA added to the large and growing federal caseloads.

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Litigation Intellectual Property Business Government 105

Technology & Marketing Law Blog

AUGUST 30, 2023

The litigants directly compete. Groupon * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. FTC * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Newport Fishing * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. ” Relatedness of goods. Mark similarity.

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IP and Legal Filings

JANUARY 21, 2022

Through the settlementwhich was under confidential terms, the parties settle their patent dispute and lawsuits. With vigorous marketing of patent portfolios, it becomes necessary that those dispute settlements must be done on an amicable basis. Image Source: gettyimages]. Meanwhile, Ericsson sued Samsung for breach of FRAND terms.

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Confidentiality Marketing Marketing Licensing 52

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

Groupon * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. FTC * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Newport Fishing * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. OxBlue * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

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Advertising Advertising False Advertising Trademark 82

Technology & Marketing Law Blog

JANUARY 8, 2024

In that time, the parties have waged innumerable formal battles over seemingly everything available to parties in civil litigation: countless discovery disputes, motions for sanctions, and two rounds of summary judgment. Groupon * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. They Are (Except in Court)–Reflex v.

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Technology & Marketing Law Blog

MARCH 13, 2022

Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Luxy. * Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. . * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

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Trademark Advertising Advertising Settlement 80

Technology & Marketing Law Blog

JULY 25, 2021

. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. . * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. Reyes & Adler v.

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Advertising Advertising Settlement Trademark 106

LexBlog IP

NOVEMBER 28, 2023

If the creator has greater leverage or financial means than the enforcement-targeted business, the result of these demands is often swift settlement. Plainly, predicting the merits of a copyright claim in this realm is extraordinarily difficult, and for many small businesses, settlement is the better part of valor. Associated Press v.

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LexBlog IP

AUGUST 4, 2021

On July 20, 2021, after nearly four years of litigation, Johnson & Johnson (J&J) and Pfizer have agreed to dismiss all claims asserted in the antitrust suit brought by Pfizer in the Eastern District of Pennsylvania regarding Remicade (infliximab). According to J&J , “The U.S. competition-based model is working.

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Confidentiality Settlement Government Litigation 40

Technology & Marketing Law Blog

AUGUST 17, 2021

. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. . * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. Reyes & Adler v.

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Advertising Advertising Trademark Settlement 105

The IPKat

JULY 5, 2021

The social media posts that morning were of course riddled with congratulatory messages greeting the settlement, with some seizing the moment to declare that the settlement meant the end of component-level licensing arguments, while others pointed to the contrary, not least because no one knows the terms of the settlement.

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LexBlog IP

OCTOBER 18, 2023

3] On July 21, 2023, Aicon Art moved to disqualify the Law Firm from representing Aicon Contemporary in the litigation, alleging that Aicon Art and Aicon Contemporary had jointly retained the Law Firm to assist in preparing the Toor Agreement and related logistics. [4] 11] The decision provides a lesson for art market participants.

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SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Other IP Developments TVS chairman’s family enters into an agreement to avoid future trademark tussles.

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Trademark Patent Copyright Confidentiality 52

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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Litigation Reporting Settlement Government 124

SpicyIP

MARCH 11, 2024

Here is our recap of last week’s top IP developments. 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.

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Trademark Registration Copyright Patent 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Groupon. * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Luxy. * Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. . * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v.

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False Advertising Advertising Advertising Trademark 98

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. Blockchain’s possible application in the world of IP?

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. Blockchain’s possible application in the world of IP?

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. Blockchain’s possible application in the world of IP?

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Technology Patent IP Invention 52

TorrentFreak

JULY 19, 2023

Rare File-Sharing Trial Many of these cases result in private settlements and are never heard of again. It’s unusual for such a file-sharing case to be so heavily litigated since that’s quite costly for both sides. The adult company uses tracking software to monitor the IP addresses in BitTorrent swarms.

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Settlement Confidentiality Copyright Litigation 80

Technology & Marketing Law Blog

MAY 22, 2023

Groupon * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. FTC * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Newport Fishing * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. OxBlue * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

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Advertising Advertising False Advertising Trademark 107

LexBlog IP

DECEMBER 19, 2023

A day before the FTC issued its proposed rulemaking, the FTC issued a press release that it had sued, and reached a settlement with, three employers in the security and manufacturing sector that the FTC alleged had “illegally imposed noncompete restrictions on workers.”

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Confidentiality Business Intellectual Property Law 52

43(B)log

AUGUST 12, 2022

Similarity to Doe defendants—one advantages is plaintiff can use the revelation of identities of defendants as leverage to get settlement, as in the porn/© cases. No confidentiality of Ds’ identities—defendants can coordinate; asset freezes may not work. First settlement in copyright class action providing for future royalties.

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Settlement IP Music Licensing 59

TorrentFreak

NOVEMBER 29, 2021

Those will necessarily differ on a case-by-case basis but it will be up to the investigator to recommend appropriate measures, including escalating the case for civil litigation or even a criminal referral. Indeed, the groups do seem to prefer confidential settlements and controlled shutdowns when it is deemed appropriate.

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SpicyIP

DECEMBER 12, 2022

In addition to the usual round up of our own blog posts in the last week, we also bring to you 20 case summaries and other important national and international IP developments this week. Important IP cases that we’re missing out on? Delhi High Court decreed the suit as per the terms settlement between the parties.

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Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts’ keyword ad litigation campaign went on hiatus during the pendency of the FTC enforcement. With that resolved, 1-800 Contacts reverted to its old litigation tricks–and is getting the same futile outcomes. Groupon. * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v.

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Technology & Marketing Law Blog

SEPTEMBER 14, 2021

The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. . * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. Marketing channels.

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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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. No earlier than 2023 per settlement. No earlier than 2023 per settlement. No earlier than 2023 per settlement. . No earlier than 2023 per settlement. Commercial Launch Date.

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Litigation Settlement Patent Marketing 52