Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). ” Market Effect.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Bell allegedly offers licenses for its use. Effect on the market: Harm was implausible. at 584–85; Harper & Row, 471 U.S. at 566–69.” Result: fair use. “[C]opyright

Fair Use 90

Fair Use Social Media Licensing Marketing 90

LexBlog IP

NOVEMBER 28, 2023

All meme-like images in this article are properly licensed. 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? Yes and no. What about meme generators?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

BYU Copyright Blog

JANUARY 8, 2024

Cases Update BYU Copyright Licensing Office,YouTube,Creative Commons January 08, 03:50 PM January 08, 03:50 PM Marenem v. Additionally, Springdale denied allegations of intentionally providing unauthorized public access to Marenems works or diminishing their market value. The court approved the settlement on December 7, 2023.

Settlement 40

Settlement Publishing Copyright Copyright Infringement 40

BYU Copyright Blog

SEPTEMBER 12, 2022

Over the last several years, we have reported on a number of cases that have reached quiet settlements or otherwise fizzled out without us acknowledging their end. This dispute concerned an image shared under a Creative Commons license, which was allegedly used by the law firm Meyer, Suozzi, English & Klein, P.C. (the

Settlement 52

Settlement Licensing Publishing Reporting 52

The IPKat

JUNE 21, 2022

In Chapter 4, Beatriz Conde Gallego debates whether owners of standard-essential patents (SEPs) must grant licences in “license to all” or “access to all” approaches. Giuseppe Mazziotti examines, in Chapter 8, the solutions to online music licensing, adopted by the EU.

Intellectual Property 126

Intellectual Property Invention Social Media IP 126

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.

Advertising 85

Advertising Advertising False Advertising Trademark 85

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. SETTLEMENT CASES. 9] Both parties reached an amicable settlement. [10] 9] Both parties reached an amicable settlement. [10]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

LexBlog IP

JANUARY 25, 2024

FDA Approvals In 2023, there were 23 FDA approvals of Biologic License Applications , including for Vertex’s CASGEVY and Bluebird’s LYFGENIA, the first cell-based gene therapies for the treatment of sickle cell disease. ” (CMS’s position on this has been challenged in pending litigation.)

Marketing 52

Marketing Marketing Licensing Litigation 52

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.

Settlement 52

Settlement Marketing Marketing Licensing 52

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.

Marketing 40

Marketing Marketing Government Litigation 40

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. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 111

Registration Fair Use Copyright Designs 111

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.

Settlement 52

Settlement Litigation Patent Reporting 52

SpicyIP

MARCH 15, 2024

This post does not, in any manner, get into the arena of willingness or unwillingness of defendants to enter into a licensing agreement. Since parties could not arrive at a settlement, ID initiated patent infringement proceedings against the defendants in UK, Germany and India. That is a different matter altogether.

Patent Infringement 59

Patent Infringement Settlement Patent Licensing 59

IPilogue

JANUARY 24, 2022

I was fortunate to have a patient and knowledgeable supervisor in Ben Gray with whom to discuss a number of patent issues involving litigation strategy, biologics, skinny labeling, and means by which pharmaceutical companies seek to extend their commercial monopolies.

Intellectual Property 81

Intellectual Property Branding Brands Branding 81

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].

Confidentiality 52

Confidentiality Marketing Marketing Licensing 52

Technology & Marketing Law Blog

JANUARY 12, 2022

Since the resolution of that litigation, click fraud issues have largely faded into the background, flaring up only occasionally. Byrd. * Click Fraud Resources. * Miva Securities Litigation Rejects Most Click Fraud/Syndication Fraud Claims. * Click Fraud Lawsuit Survives Motion to Dismiss–Payday Advance v.

Advertising 82

Advertising Advertising Settlement Blogging 82

TorrentFreak

APRIL 29, 2022

LaBossiere comes out swinging, reminding the court that after eight years of Department of Justice litigation, a massive judgment against DISH put the company into financial turmoil. billion dollar company will stop at nothing to bully people into settlements to help its bottom line.”

Television 61

Television Licensing Branding Brands 61

The IPKat

JUNE 22, 2023

He rejected the argument that the royalty in SEP licensing of mobile devices should depend on usage. Further, they do not reflect how the market assesses the rate from a lump sum licence which derives a per-unit rate by dividing the total consideration by the best estimate of the number of units covered. This is artificial.

Patent Infringement 87

Patent Infringement Licensing Patent Litigation 87

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. In patent law, these secrets are often at the core of the business process: product development and manufacturing processes, key product details, detailed market and sales data, etc.

Litigation 57

Litigation Confidentiality Designs Design 57

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.

Patent Application 62

Patent Application Marketing Marketing Art 62

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” If anything, the Second Circuit musings give the parties more to fight over, rather than providing enough clarity to estimate the Coase Theorem entitlement and facilitate a settlement.

Social Media 79

Social Media Ownership Designs Design 79

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

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. BPCIA Litigation. Antitrust Litigation. No earlier than July 31, 2023 per settlement.

Settlement 52

Settlement Litigation Marketing Marketing 52

Bio Law Blog

JANUARY 8, 2020

This year we will see more litigation under the BPCIA, with biosimilar makers sharing or withholding information about their biosimilar products during the pre-suit BPCIA information exchanges, and continued disputes about what constitutes other manufacturing information under the statute and whether it will be disclosed. While the U.S.

Marketing 40

Marketing Marketing Settlement Litigation 40

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]

Litigation 125

Litigation Reporting Settlement Government 125

SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. Novartis and Eli Lilly oppose issuing compulsory licenses against Ribocicilib and Abemacicilib TRAI started consultation for Research and Development in ICT sector. What’s the best way forward? Emami Ltd.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

43(B)log

AUGUST 31, 2021

Until recently, Pine served as one of Proactive’s licensed distributors for the pumps. The principal issue in this lawsuit is whether Pine can continue to rent Proactive’s pumps to its customers despite the termination of that license, particularly where Pine has made or will make repairs to the rented pumps.”

Licensing 59

Licensing Settlement Trademark Registering Trademarks 59

Patently-O

OCTOBER 5, 2021

and foreign patents you hold; the number of patents you have licensed or sold; and the number of patent cases you have been involved in since the Supreme Court’s decision in Bilski in 2010. patent enforcement and litigation; c. marketing; h. licensing of patents and patent applications; k. employment; f.

Patent 102

Patent Intellectual Property Invention Inventor 102

SpicyIP

JANUARY 29, 2024

Do read our summaries of the post on the DHC restraining generic competitors for Ibrunitib, Delhi High Court’s finding on opposition and examination process, and some quick tidbits on the Ram Mandir, Oppo-Nokia dispute settlement, and the Bombay High Court order on Pan cards. Read Yogesh’s post to know more about the judgment!

Music 59

Music Intellectual Property Copyright IP 59

Technology & Marketing Law Blog

JULY 18, 2023

On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. It is somewhat doubtful that similar results would have been reached if LinkedIn and similar cases were litigated within the Second Circuit jurisdiction. This leaves us with a rather deep split of authorities.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

43(B)log

AUGUST 27, 2021

After a settlement with one defendant, the two remaining defendants “are the sole licensors of the PS 1-09 stamp to 36 Brazilian plywood mills that export structural plywood to the United States.” In doing so, the licensing board is making a powerful statement—some would say, the most important statement—about the doctors’ qualifications.”

False Advertising 59

False Advertising Advertising Advertising Business 59

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

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. The settlement agreement. The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. Comptroller , No.

Privacy 98

Privacy Marketing Marketing Social Media 98

Technology & Marketing Law Blog

MARCH 3, 2022

” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. .” ” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. ” Amount Taken. This case is another in the line.

Fair Use 95

Fair Use Litigation Marketing Marketing 95