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

LexBlog IP

DECEMBER 2, 2021

A settlement agreement was reached where Elation could inspect the software developed by Shi and prevent the use of any trade secrets or confidential information. The jury also found Shi breached the settlement agreement. ” In the partially published case, Elation Sys. Elation appealed the order granting the JNOV.

Confidentiality 52

Confidentiality Settlement Publishing Contracts 52

IP and Legal Filings

NOVEMBER 8, 2022

Cases like that of Haji Zakaria [19] have tried to get a settlement on the question of liability by keeping to the opinion of holding the manufacturer liable if there was no presence of rash or negligent behaviour on the driver’s side. IS RIGHT TO PRIVACY VIOLATED UNDER SUCH AUTONOMOUS VEHICLES (PRIVACY BY DESIGN PRINCIPLE).

Privacy 52

Privacy Technology Government Designs 52

Technology & Marketing Law Blog

JANUARY 24, 2024

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. I’d love to see an accounting of the time and money the parties have spent on this litigation.

Social Media 82

Social Media Ownership Designs Design 82

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 93

Blogging Contracts Copyright Law Copyright 93

Technology & Marketing Law Blog

DECEMBER 27, 2022

NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. “ Privacy. * 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. Marketing. *

Privacy 101

Privacy Marketing Marketing Social Media 101

LexBlog IP

JANUARY 10, 2022

Before doing that, the statute requires the agency to send the penalty complaint (and settlement, if one exists) to the Department of Justice, and the DOJ then has 45 days to either file the case itself or return it to the FTC for prosecution. Now procedurally, the FTC generally cannot just run into federal court to seek penalties.

Settlement 52

Settlement Blogging Privacy Law 52

43(B)log

FEBRUARY 24, 2021

Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B. Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service.

Advertising 40

Advertising Advertising Law Privacy 40

Plagiarism Today

AUGUST 11, 2021

Not only does fashion enjoy very limited copyright protection in the United States, but Stein is a Chinese company, making any litigation even more difficult. The two sides reached a settlement mere days before the trial was set to begin. The Good, The Bad and the Ugly of Fast Fashion. Bottom Line. none have passed.

Plagiarism 264

Plagiarism Designs Design Copying 264

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. However, are the blockchain technologies really patentable?

Technology 52

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. However, are the blockchain technologies really patentable?

Technology 52

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. However, are the blockchain technologies really patentable?

Technology 52

Technology Patent IP Invention 52

LexBlog IP

MARCH 3, 2022

One option is more administrative litigation , but that process can take many years and requires the FTC to demonstrate that the challenged practices were “dishonest or fraudulent.” But another charity case went to litigation and involved the FTC and all 50 states (and technically 58 different law enforcement partners).

Litigation 52

Litigation Settlement Law Privacy 52

LexBlog IP

MAY 31, 2022

Last week, the Federal Trade Commission’s (FTC) tech blog quietly published a post that could have broad implications – for privacy practitioners and beyond. There are some practices that have been deemed unfair over the years through extensive analysis, investigations and settlements, and sometimes through extended litigation.

Blogging 52

Blogging Technology Privacy Settlement 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 101

Advertising Advertising Trademark Settlement 101

43(B)log

FEBRUARY 23, 2024

Standing makes him nervous b/c of privacy. Another big difference along with legal research is that the TM bar used to be small; now the money is good so lawyers not really trained as TM lawyers are litigating these cases; generalists that pick & choose things—you hear that in the arguments. There was a settlement over validity v.

Trademark 45

Trademark Law Branding Brands 45

Technology & Marketing Law Blog

JANUARY 26, 2024

NY Times : SmileDirectClub to Release Customers From NDAs in Settlement Other Consumer Issues * Pop v. Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Gallagher Data Breach Litigation , 631 F.Supp.3d July 20, 2023).

Social Media 74

Social Media Privacy Advertising Advertising 74

43(B)log

APRIL 7, 2023

Don’t assume that Brussels and California effect that occurs w/privacy also occurs when corps can adjust tech granularly. Not just a “coordinator”: DSC chooses trusted flaggers w/significant privileges, certifies dispute settlement bodies—decides who the judges are. Bradford’s four examples of the Brussels Effect v.

Art 45

Art Copyright Settlement Moral Rights 45

LexBlog IP

MARCH 2, 2022

Likewise, there is an expectation that attorneys general — especially those up for election this year — will embark on more high-profile enforcement and litigation against well-known companies and take on more “hot button” issues. 10: Continued Privacy Patchwork. Prediction No. Prediction No.

Privacy 52

Privacy Marketing Marketing Advertising 52

LexBlog IP

MARCH 1, 2022

For instance, during the Trump presidency, then-California Attorney General Xavier Becerra sued the federal government more than 110 times, spending tens of millions of dollars on litigation on a wide variety of issues spanning immigration, voting rights and climate change, among others. Mexico border. Takeaway No. Takeaway No. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52