IPilogue

APRIL 22, 2022

This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement. For example, a patent could describe a bike with two wheels (bicycle), three wheels (tricycle), or four wheels (quadracycle) and then only claim the two-wheeled design. sales of Biktarvy. Concluding Remarks.

Patent 120

Patent Settlement Invention Inventor 120

LexBlog IP

JANUARY 14, 2022

Mechanical and business method petitions are second, biopharma petitions third, chemical petitions fourth and finally, design patent petitions last. In contrast, settlement rates have gone up compared to the last five years. 20, 2020, designated as precedential May 5, 2020). 1] See Apple, Inc. Fintiv, Inc.,

Settlement 52

Settlement Design Patent Designs Design 52

Patently-O

JANUARY 23, 2024

The Schedule A litigation phenomenon continues apace in the Northern District of Illinois, a court that has become, in the words of Judge Seeger, “ an assembly line for TROs.” But Schedule A litigation is not confined to Chicago. The plaintiff gets a TRO with an asset freeze, then starts making settlement demands.

Litigation 85

Litigation Settlement Patent IP 85

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Provisions of Claim Settlement under MSME Act, 2006 When pursuing legal action to recover owed funds for services or goods supplied, the process often seemed daunting due to prolonged litigation, jurisdictional complexities, and the cumbersome enforcement of court decrees.

Settlement 52

Settlement Intellectual Property Registration Designs 52

Copyright Lately

AUGUST 22, 2021

Liebowitz is probably the best known example of a copyright troll, a moniker that one circuit court defined as a someone who brings “strategic infringement claims of dubious merit in the hope of arranging prompt settlements with defendants who would prefer to pay modest or nuisance settlements rather than be tied up in expensive litigation.”.

Copyright 87

Copyright Fair Use Settlement Designs 87

Technology & Marketing Law Blog

MARCH 8, 2024

As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value). If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

TorrentFreak

FEBRUARY 11, 2023

Citing a confidential settlement agreement between the parties, the lawsuit was dismissed with prejudice , meaning that it cannot be refiled. When the plaintiffs are in the driving seat in piracy cases, settlement agreements are often used as publicity tools. Settling a legal dispute with an agreement can make perfect sense.

Settlement 81

Settlement Confidentiality Copyright Infringement Television 81

IP and Legal Filings

JANUARY 30, 2022

The parties struck a settlement agreement in 2003 where the Lucky Brand consented to discontinue the tagline “Get Lucky” The Respondent consented to waive all lawsuits relating to the Petitioner’s use of its own trademarks in return. Lucky Brand’s request to dismiss was granted on remand by the District Court.

Trademark 92

Trademark Branding Brands Branding 92

TorrentFreak

JULY 2, 2022

The common denominator is the obviously unhealthy power disparity between corporate giants and ordinary internet subscribers, something that is built-in and then reinforced by design. Hatton and Berkeley (H&B) and its partners have been demanding cash settlements from UK internet subscribers for years. No warnings, no chances.

Settlement 102

Settlement Government Copyright Reporting 102

Patently-O

OCTOBER 18, 2021

Design patent cannot be enforced to restrict repair of a motor vehicle. 2884 – Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act. Creating additional incentives to timely record patent ownership interests. Sponsored by Sen. Leahy, D-VT and Sen. Tillis, R-NC). Issa R-CA; Rep Joyce, R-OH; Rep.

Patent 54

Patent Ownership Settlement Branding 54

LexBlog IP

JANUARY 19, 2024

Regeneron’s Suits Against Proposed Biosimilars of EYLEA The year 2023 saw significant developments in litigation related to biosimilars referencing Regeneron’s EYLEA (aflibercept) product. That IPR was terminated in August in view of a settlement agreement and before there was any decision on institution.

Settlement 52

Settlement Litigation Patent Reporting 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. Defendant had not obtained the Deposit Design from the Copyright Office. As a result, we’ve seen very, very few successful 512(f) enforcements.

Registration 111

Registration Fair Use Copyright Designs 111

Indiana Intellectual Property Law

AUGUST 13, 2021

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Notably, it appears the ‘633 and ‘136 Patents are set to expire in November 2022, while the ‘471 Patent expired in November 2007 since the term for a design patent filed prior to May 13, 2015 is 14 years. Patent Nos. 35 U.S.C. §

Patent Infringement 52

Patent Infringement Design Patent Patent Designs 52

LexBlog IP

JULY 26, 2021

Here’s just one important fact to consider: While the cost of a fully-litigated trial on the merits before the U.S. the parties agree to suspend proceedings to engage in settlement discussions. Discovery can also be extended by consent of the parties to engage in settlement discussions. Settlement. Depositions.

Trademark 52

Trademark Settlement Registration Litigation 52

IPilogue

JULY 19, 2022

2] More specifically, AI can be deployed to help the growing number of self-represented litigants navigate the justice system, and also assist low-income households explore avenues of recourse they may not have pursued without this type of technological assistance. [3].

Privacy 119

Privacy Journalism Settlement Technology 119

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.

Litigation 56

Litigation Confidentiality Designs Design 56

LexBlog IP

OCTOBER 4, 2022

Cedar Lane does not appear to take their cases much past the pleadings stage and seems to have little appetite for protracted litigation. Instead, the litigation campaign appears to be conventional patent-based nuisance litigation designed to generate a large quantity of modest settlements that, in the end, add up for the plaintiff.

Technology 40

Technology Patent Troll Litigation Settlement 40

LexBlog IP

OCTOBER 29, 2021

In particular, the Board has increasingly denied petitions in view of related, parallel litigation that it perceives as so far advanced that it would be most efficient to deny institution and leave patentability issues to be resolved in the other forum. The Board was almost always wrong when predicting trial dates in parallel litigation.

Litigation 52

Litigation Settlement Designs Design 52

LexBlog IP

APRIL 5, 2023

Until now, the TTAB has used a truncated version of the IPC, including its Institution Notice and Trial Order, and the mandatory settlement and discovery planning conference under Trademark Rule 2.120(a), 37 C.F.R. § TTAB litigants in these cases will need to be prepared with their trial evidence and objections going into the FPC.

Settlement 52

Settlement Government Trademark Litigation 52

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 79

Social Media Ownership Designs Design 79

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.

Litigation 105

Litigation Intellectual Property Business Government 105

TorrentFreak

SEPTEMBER 15, 2021

In some cases, people will opt to pay a settlement fee, which over hundreds or even many thousands of threats, can amount to a significant new revenue stream for the movie company. Warning Signs Appeared a Few Months Ago. The precise amount is not detailed but it is likely to be many hundreds of pounds and possibly more.

Settlement 98

Settlement Copyright IP Reporting 98

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Several aspects of post-grant review are designed to allow the proceedings to conclude quickly. Counterclaims and post-grant review are deemed independent, leaving the third party free to pursue concurrent invalidity counterclaims and district court litigation regardless of timing. Practice Guide for Final Trial Rules.

Litigation 52

Litigation Settlement Patent Public Use 52

Traverse Legal Blog

SEPTEMBER 15, 2023

A pixel tool is a small piece of code embedded into the HTML of a website designed to measure user interactions and provide online advertising. These laws were originally designed for different eras and technologies but are now being applied to modern data collection methods. The cost of inaction is simply too high.

Cease and Desist 52

Cease and Desist Privacy Litigation Technology 52

SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. 2023 (Delhi High Court) Delhi High Court granted an interim injunction to the plaintiff against unauthorized use of its mark “Burger King”, the Crescent Logo Design and Hamburger Refresh Design Logo. on 15 September.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

TorrentFreak

DECEMBER 26, 2022

Our enforcement actions will be designed to obtain the most significant impact by grouping actions by tactic, time, region, or language.” “We will also pursue litigation, where it is known to be effective in reducing piracy and increasing legitimate consumption of content,” Van Voorn concludes. Putting a Number on It?

Cease and Desist 132

Cease and Desist Government Confidentiality Settlement 132

LexBlog IP

SEPTEMBER 15, 2023

A pixel tool is a small piece of code embedded into the HTML of a website designed to measure user interactions and provide online advertising. These laws were originally designed for different eras and technologies but are now being applied to modern data collection methods. The cost of inaction is simply too high.

Cease and Desist 52

Cease and Desist Privacy Technology Litigation 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 17, 2021

Law Protection: An Imperative for Prosperity of Rural Poor and Their Settlement” by V. Period 2 (07:31 PM-09:00 PM): “Alternative Dispute Resolution in Intellectual Property Rights: The WIPO Arbitration and Mediation Center” by Dr. Eleftheria Papadimitriou, Lawyer, Mediator, Trainer, ODR System Designer, Greece. – Mediation.

Intellectual Property 40

Intellectual Property Settlement Registration Confidentiality 40

The IPKat

FEBRUARY 29, 2024

This New York action has been stayed pending resolution of the English litigation. This is an interesting legal question as the Copyright, Designs and Patents Act 1988 (the CDPA) brought in new performers’ rights, even for earlier performances such as Mitchell’s and Redding’s subject to transitional provisions regarding prior contracts.

Copyright 109

Copyright Reporting Contracts Settlement 109

SpicyIP

NOVEMBER 29, 2021

Considered a part of ethnic wear, Kurtas have different varieties depending on their design and fabric. To the western world, Kaftan-like dresses were introduced by designers such as Paul Poiret and Mario Fortuny in the early 20 th century. No community or individual per se have any protection over the kurta.

Intellectual Property 115

Intellectual Property Journalism Designs Design 115

Patently-O

FEBRUARY 24, 2022

20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

Technology & Marketing Law Blog

FEBRUARY 12, 2024

If I were the lower court judge, seeing Philpot taking this case on appeal for a $3 article rather than working towards a reasonable settlement, there is no way I would award him attorneys’ fees. The ridiculously low economic stakes of this case are what the CCB was designed to handle. Case citation : Philpot v. 21-2021 (4th Cir.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

Technology & Marketing Law Blog

MARCH 13, 2022

” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

Trademark 79

Trademark Advertising Advertising Settlement 79

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

Advertising 105

Advertising Advertising Trademark Settlement 105

LexBlog IP

JANUARY 25, 2024

The approval of Amgen’s WEZLANA (ustekinumab-auub) as biosimilar to Janssen’s STELARA (ustekinumab) is noteworthy given that it received designation as interchangeable. Janssen and Amgen settled their BPCIA litigation regarding Amgen’s ustekinumab biosimilar product in May 2023.

Marketing 52

Marketing Marketing Licensing Litigation 52

SpicyIP

MARCH 11, 2024

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. Please let us know in the comments below. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings.

Settlement 52

Settlement Litigation Marketing Marketing 52