Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Warner Bros.

Licensing 70

Licensing Copyright Blogging Fair Use 70

Patently-O

MARCH 18, 2024

The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of mandamus that sought to reverse a district court order allowing Intel to amend its answer to assert a declaratory judgment counterclaim regarding a patent license defense. Patent Nos.

Licensing 79

Licensing Patent Patent Infringement Litigation 79

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 78

Contracts Blogging Advertising Advertising 78

IP Law 360

NOVEMBER 27, 2023

Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown. (..)

Contracts 40

Contracts Government Licensing Technology 40

LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”). and Finjan Software, Inc.

Licensing 52

Licensing Contracts Litigation Technology 52

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. My name is Enrico Schaefer, I am a technology attorney with traverse legal PLC, and today I want to talk about nonfungible tokens or NFTs. NFT Copyright Licensing. Let’s talk about it.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Technology & Marketing Law Blog

MARCH 23, 2022

A new entry in Congress’ parade of terrible Internet bills: the ‘‘ Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 ’’ or ‘‘SMART Copyright Act of 2022.’’ The bill contemplates a new class of technology or business practices called “Designated Technical Measures” (DTMs). Background.

Technology 112

Technology Licensing Copyright Designs 112

IP Watchdog

SEPTEMBER 6, 2021

Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results.

Contracts 119

Contracts Law Patent Licensing 119

Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. These basic principles “apply with equal force to contracts formed online.” Forming online contracts is not rocket science. Freedom Financial Network, LLC.

Contracts 110

Contracts Designs Design Law 110

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 74

Contracts Privacy Registration Government 74

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Zebra Techs. 2022-2207 (Fed. ” IT sued Zebra for infringement in the W.D.Tex.,

Licensing 51

Licensing Patent Ownership Patent Infringement 51

LexBlog IP

OCTOBER 3, 2022

Federal Contracting; Contractor Disclosure Requirements to Funding Agencies and Funding Agency March-in Rights. Additionally, under this statute, there is a preference for small businesses and nonprofits when awarding contracts. What is a Small Business for Federal Funding Purposes. As defined in 37 CFR 401.14(c)(1), § § 401.14

Contracts 52

Contracts Invention Licensing Government 52

Technology & Marketing Law Blog

JULY 16, 2021

To authenticate the logs, Plaintiff provides the Affidavit of Hisham Younis, Express Lien’s Chief Technology Officer, wherein Younis swears that the logs are gathered pursuant to the normal course of business and that the logs confirm “[t]hat a party affirmatively accepted Express Lien, Inc.’s . * Lona’s Lil Eats, LLC v.

Advertising 107

Advertising Advertising Contracts Social Media 107

Traverse Legal Blog

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Open Source Lawyers Are Critical To Your Open Source Success Very few lawyers understand software licensing , and even fewer open-source licensing.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Intellectual Property Law Blog

MARCH 13, 2024

Moreover, many expressed concern that NFT-specific legislation would be premature at this time and could impede the development of new NFT applications, given the evolving nature of the technology. Proposals to use NFTs to replace or supplement copyright recordkeeping did not demonstrate added value. NFTs may offer opportunities for U.S.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve This case involves Walmart gift cards.

Contracts 112

Contracts Litigation Blogging Law 112

Velocity of Content

OCTOBER 4, 2021

In May 2020, Spotify agreed to an exclusive $100 million deal with Joe Rogan, the biggest licensing agreement ever made in podcasting. Licensing Comes to Podcasting. Alexia Bedat is a Legal Associate at Klaris Law, a boutique media, entertainment, technology, and intellectual property law firm, based in New York City.

Licensing 52

Licensing Intellectual Property Law Television Intellectual Property 52

IP Watchdog

NOVEMBER 16, 2021

In 2007, Rohm Japan and MaxPower Semiconductor entered into a technology licensing agreement (TLA). According to the TLA, Rohm Japan and its subsidiaries were permitted to use certain power-related technologies of MaxPower developed under a Development and Stock Purchase Agreement in exchange for royalties paid to MaxPower.

Contracts 69

Contracts Licensing Technology Law 69

LexBlog IP

NOVEMBER 7, 2022

On October 25, 2022, JSR Life Sciences and Blau Farmaceutica announced that Similis Bio, JSR Life Sciences’s business unit focused on biosimilar development, has signed its first development and license agreement with Blau Farmaceutica, a Brazilian pharmaceutical company. and to partner with local organizations in other regions.

Licensing 52

Licensing Intellectual Property Contracts 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. Facebook, Inc., 2023 WL 3483891 (S.D. May 16, 2023).

Contracts 71

Contracts Law Reporting Blogging 71

Velocity of Content

DECEMBER 2, 2021

In August, Information Media Partners released its annual “Publishing Technology Report,” authored by Michael Cairns. Many publishing specific technology companies provide support across multiple functional areas within their target markets. CCC was among the companies and services covered in this report.

Publishing 98

Publishing Reporting Technology Marketing 98

IP Law 360

MARCH 7, 2024

Nokia Solutions and Networks Oy owes telecom company Collision Communications $23 million after reneging on an oral contract to license noise-filtering technology, a New Hampshire federal jury found Wednesday.

Contracts 52

Contracts Licensing Technology 52

SpicyIP

JANUARY 30, 2022

I disagree with the judgment for the following reasons: Firstly , a copyright society can a) issue licenses; (b) collect fees; (c) distribute such fees amongst authors and other owners of right; and (d) perform functions consistent with Section 35. Section 34(3)). Against this background, consider.

Technology 119

Technology Artistic Work Copyright Government 119

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed. Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it.

Licensing 84

Licensing Copying Blogging Copyright 84

Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26

Contracts 136

Contracts Blogging Technology Law 136

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 85

Litigation Contracts Advertising Advertising 85

LexBlog IP

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Open Source Lawyers Are Critical To Your Open Source Success Very few lawyers understand software licensing , and even fewer open-source licensing.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

JD Supra Law

DECEMBER 26, 2022

With technology deals increasingly involving open source software (OSS), clients are seeking our help analyzing OSS licenses, developing open source policies and negotiating contract terms for open source.

Contracts 98

Contracts Licensing Technology 98

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

The IPKat

JANUARY 13, 2022

Interest in blockchain technology, tokens, and IP, continues apace. Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". a MIT license ). royalty payments, time of use), or separately linked to the token.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

TorrentFreak

MAY 11, 2023

was banned and then signed up for a new account, he agreed to Bungie’s Limited Software License Agreement with no intent to comply with it; fraud according to Bungie. has the right to disaffirm any contract within a reasonable time of becoming an adult. With no enforceable contract between L.L. ’s license.

Derivative Work 123

Derivative Work Contracts Copyright Infringement Licensing 123

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). For example, art.

Copyright 122

Copyright Art Licensing Contracts 122

SpicyIP

JANUARY 16, 2022

The High Court held that the business of granting copyright licenses can be carried out only through the copyright societies. However the business of issuing or granting licenses can be carried out only through the copyright societies. On 8 December 2021, the Madras High Court delivered an important judgment concerning copyright law.

Technology 91

Technology Licensing Artistic Work Copyright 91

Kluwer Copyright Blog

JUNE 19, 2023

Although frequently misconstrued, this technology represents an exceptional advancement that can yield enormous revenue streams for both creators and consumers by altering the digital representation of real-world assets. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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. YouTube appeared first on Technology & Marketing Law Blog. YouTube, Inc.,

Contracts 82

Contracts Blogging Marketing Marketing 82

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 69

Contracts Licensing Business Blogging 69

LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

Licensing 52

Licensing Patent Confidentiality Registration 52