Patently-O

NOVEMBER 27, 2023

Mr. Stroud is the General Counsel of Unified Patents and Mr. Korte is Senior Principal Counsel – IP at Garmin. An exotic insurance product has recently taken the litigation world by storm. In IP lit, panels, presentations, and brand-new conferences, insurers and lawyers extol the virtues of these “bespoke” policies.

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Settlement Litigation Branding Brands 81

LexBlog IP

OCTOBER 25, 2023

collectively, “Genentech”) filed BPCIA litigation against Biogen MA Inc. On September 29, Biogen received FDA approval for its tocilizumab biosimilar, marketed as TOFIDENCE (tocilizumab-bavi). As we previously reported , in July 2023 Genentech, Inc., Hoffmann-LaRoche, Inc., and Chugai Pharmaceutical Co.,

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The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. So the market is busy, growing and lucrative. So what is going on? Let’s start at the beginning.

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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.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

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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.

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IP Law 360

NOVEMBER 10, 2021

district court data on how patent damages expert testimony has been challenged based on comparability, and how courts have ruled with regard to license and settlement agreements, litigation verdicts, market studies and more. Rich Franciosa and Michael Herrigel at Charles River Associates analyze nearly seven years of U.S.

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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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The IPKat

JUNE 21, 2022

The book opens with Anselm Kamperman Sanders and Anke Moerland advancing their vision as to why intellectual property (IP) must be regarded as a complex adaptive system (CAS). Harper continues with the topic of IP as complex phenomena in Chapter 2. In the definition of John H. Extent: 232 pp.

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Traverse Legal Blog

JULY 14, 2022

If the infringer does not comply, this cease and desist letter now becomes evidence in your trademark infringement litigation. If a cease and desist letter does not clear up the matter, then it may be time to litigate. How much do you spend on marketing related to your trademark? Litigation is always unpredictable.

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Technology & Marketing Law Blog

AUGUST 30, 2023

“Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” The litigants directly compete. ” Marketing channel. ” Relatedness of goods.

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Advertising Advertising False Advertising Trademark 86

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?

Law 91

Law Advertising Advertising False Advertising 91

LexBlog IP

FEBRUARY 5, 2024

Litigation continued for years, with Aegis raising unsuccessful counterclaims. On December 20, 2023, the parties filed a stipulated settlement agreement by which judgment would be entered in Life Spine’s favor, and Aegis would pay $8,000,000 to Life Spine by June 1, 2026.

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Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. Groupon. * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Case citation : Porta-Fab Corporation v. 2022 WL 4596646 (C.D.

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Advertising Advertising False Advertising Trademark 103

IPilogue

JANUARY 24, 2022

Vivian Sim is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. External counsel were assigned to individual files, but in-house counsel kept abreast of developments through regular updates to their litigation reports, which provide an overview of ongoing litigation from claims to timelines.

Intellectual Property 81

Intellectual Property Branding Brands Branding 81

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. The world, especially the US, was shocked as this decision was the first outcome for an IP theft claim between the US and China.

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Intellectual Property Settlement IP Technology 104

Technology & Marketing Law Blog

JANUARY 8, 2024

That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? 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.

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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. Luxy appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

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Advertising Advertising Settlement Trademark 106

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more.

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Litigation Technology Business Patent 40

LexBlog IP

MARCH 10, 2022

The announcement states that under the settlement agreement, Alvotech has non-exclusive rights to market AVT02 in the United States starting July 1, 2023. ” The announcement further states that FDA has deferred action on Alvotech’s BLA until necessary inspections are completed. .”

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Technology & Marketing Law Blog

AUGUST 17, 2021

BONUS : Plaintiffs allege that the marketing rights that Stevens and Hughes purchased from Google and Facebook directed searches for the Blaux brand to [link] where Stevens and Hughes sold products that competed with the Blaux portable air conditioner. What are “marketing rights”??? Case citation : Jim S. Adler, P.C.

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Advertising Advertising Trademark Settlement 105

LexBlog IP

SEPTEMBER 15, 2022

On September 7, 2022, Genentech and Samsung filed a joint stipulation of dismissal of their BPCI patent litigation. In August 2020, the European Commission granted marketing authorization for the product, marketed as AYBINTIO (bevacizumab).

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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. What has been the market-effect on the underlying work? The first factor is of chief concern ordinarily. What is the purpose and character of the use? How much risk are we talking here?

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LexBlog IP

SEPTEMBER 21, 2022

A few weeks ago, we wrote about an interesting development in what had been a fairly standard Federal Trade Commission (FTC) Made in the USA (MUSA) settlement. The company and its owner filed a motion to get out of its settlement and to make the FTC change its press release, which, among other things, accused the company of “ lying.”.

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Settlement Government Marketing Marketing 52

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. Stay tuned to Big Molecule watch for further developments on these litigations in 2024, including developments on the IPRs related to Regeneron’s patents directed to dosing of aflibercept.

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Settlement Litigation Patent Reporting 52

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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LexBlog IP

AUGUST 30, 2022

” Well, some folks most definitely disagree when a whole settlement potentially is tanked over a press release. The perhaps unnecessarily inflammatory headline boldly touted, “FTC Sues Marketer of Personal Protective Equipment and Light Fixtures for Lying About Products Being Made in the USA and Government-Certified.”

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IP Tech Blog

NOVEMBER 15, 2023

Cloudbreak Therapeutics, LLC , provides some interesting insights into patent challenge strategies, and their consequences, when a potentially infringing product is not yet on the market. An Allgenesis executive testified by declaration that the parties were unable to reach a settlement.

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IP Watchdog

JULY 25, 2023

On Friday, July 21, an Illinois district court ruled that a Pakistani employee of a medical device distribution company infringed on Ethicon’s trademark when he bought, marketed and sold counterfeit Ethicon devices. Ethicon is a subsidiary of Johnson & Johnson and won an $18 million default judgment.

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IP and Legal Filings

JANUARY 21, 2022

With vigorous marketing of patent portfolios, it becomes necessary that those dispute settlements must be done on an amicable basis. Also, Huawei wants to have a strong patent portfolio in the Chinese market where all such measures are more or less beneficial for it. Chinese market. Image Source: gettyimages].

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LexBlog IP

MARCH 18, 2022

Indeed, one of us bloggers started at the FTC in 1998, and the first case he worked on was the agency’s litigation against R.J. ” Among other things, the settlement marked the end of the use of “all cartoon characters, including Joe Camel, in the advertising, promotion, packaging, and labeling of any tobacco product.”

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TorrentFreak

AUGUST 16, 2021

The complaint alleges that the plaintiffs sent more than 5,800 DMCA notices to the ISP’s abuse department, which included IP address, port numbers, and times of infringement. To support this claim, the movie companies turn to evidence handed to them as part of a settlement deal with the operator of the YTS torrent site.

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Copyright Infringement IP Copyright Reporting 142

LexBlog IP

NOVEMBER 21, 2023

District Court for the District of New Jersey, alleging infringement of 15 patents under the BPCIA based on DRL’s submission of an aBLA for DRL_RI, a proposed biosimilar of RITUXAN (rituximab) and DRL’s provision of Notice of Commercial Marketing with respect to the same.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread. How can Troia vie for a “market” when the court already said he “is not offering a good or service”??? .” So why wasn’t that dispositive?

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LexBlog IP

NOVEMBER 5, 2023

As we covered previously , Janssen and Amgen settled their BPCIA litigation regarding Amgen’s ustekinumab biosimilar product in May 2023. The licensure and marketing of WEZLANA could affect negotiations with CMS regarding Medicare pricing for STELARA under the Inflation Reduction Act’s Drug Price Negotiation Program.

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LexBlog IP

DECEMBER 15, 2023

Furthermore, the Federal Circuit found the declaration was conclusory and failed to establish that Allgenesis had any concrete plans to develop and bring to market a nintedanib treatment for pterygium. Accordingly, the Federal Circuit concluded that Allgenesis failed to show an injury in fact based on potential infringement liability.

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