43(B)log

AUGUST 10, 2021

The Association has a combined total of twenty-four active Committees and Delegates, whose scope covers all aspects of intellectual property law and practice and related topics, including alternative dispute resolution, legislative oversight and amicus briefs, meetings and forums, and continuing legal education.

Intellectual Property Law 72

Intellectual Property Law Intellectual Property Privacy Law 72

Patently-O

FEBRUARY 24, 2022

Although no petitions have been granted, the Supreme Court has requested amicus briefs from the Federal Government in four particular cases. But, the real boost only happens if the government brief supports certiorari. ” A number of folks filed amicus briefs in the case. Lets talk them through.

Patent Law 95

Patent Law Law Patent Litigation 95

Patently-O

APRIL 14, 2023

Judge Newman was eloquent, coherent, cogent, and spoke passionately about various topics, including section 101 (which requires a bit of mental agility, I would say). ” (Full disclosure: I’m on an amicus brief with a different group in that case, available here.) I was there speaking on patent ethics.)

Reporting 52

Reporting Publishing IP Law 52

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) The petition has been supported by five amicus briefs, the most of any pending case. 22-203 (Briefing ongoing). Caltech , No.

Patent Law 125

Patent Law Law Patent Invention 125

Patently-O

NOVEMBER 6, 2022

Karshtedt, Seymore and Lemley filed an amicus brief supporting en banc rehearing at the Federal Circuit (PatentlyO post here ) as well as one supporting Amgen’s petition for certiorari. Over the past few years, the Federal Circuit has issued a series of enablement decisions, including Amgen v.

Invention 63

Invention Art Patent Law Intellectual Property 63

LexBlog IP

SEPTEMBER 15, 2021

The United States Department of Justice (DOJ) weighed in and filed an amicus brief arguing that all naked non-solicitation agreements between market competitors are per se violations. Alternatively, Aya argued that the non-solicitation provision violated Section 1 under a rule-of-reason analysis.

Law 52

Law Marketing Marketing Business 52

Trading Secrets

SEPTEMBER 15, 2021

The United States Department of Justice (DOJ) weighed in and filed an amicus brief arguing that all naked non-solicitation agreements between market competitors are per se violations. Alternatively, Aya argued that the non-solicitation provision violated Section 1 under a rule-of-reason analysis.

Law 52

Law Marketing Marketing Business 52

43(B)log

FEBRUARY 16, 2024

And this move—firmly distinguishing source confusion from other kinds of confusion, this time with a statutory basis, would have salutary effects on free speech and competitive freedom to operate, which are topics I believe the other speakers will take up in more detail. The LOC test depends on the relevant consumer. The reasonable person?

Trademark 59

Trademark Fair Use Registration False Advertising 59

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Up to this point, I think the panel’s ruling has been pretty straightforward and obvious, even though it rejects the voluminous pro-censorship FUD directed towards these topics.

Social Media 97

Social Media Law Blogging Publishing 97

Technology & Marketing Law Blog

OCTOBER 16, 2023

The court continues: “what is ‘in the best interest of children’ is not an objective standard but rather a contentious topic of political debate.” That makes this topic is the #1 battle privacy advocates should be fighting. AND YET…I mostly continue to mostly hear deafening silence from privacy advocates on this topic.

Designs 78

Designs Design Privacy Business 78

Technology & Marketing Law Blog

FEBRUARY 15, 2023

These choices constitute “editorial judgments” which are protected by the First Amendment… the Hateful Conduct Law requires social media networks to disseminate a message about the definition of “hateful conduct” or hate speech—a fraught and heavily debated topic today. Florida Attorney General Case citation : Volokh v.

Social Media 64

Social Media Law Publishing Blogging 64

Technology & Marketing Law Blog

AUGUST 30, 2021

I was therefore extremely pleased that the Ninth Circuit not only cited our amicus brief (slip op. It also ruled that Pandora’s broadcasts were not “in connection with a public issue or topic of public interest,” as required by California’s anti-SLAPP law. The California action was fully briefed in the second half of 2020.

Blogging 83

Blogging Copyright Settlement Music 83

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. 1-800 Contacts. * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

Advertising 98

Advertising Advertising Trademark Settlement 98

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. The FTC and DOJ have filed amicus briefs in support of an appeal to the U.S. So-called “dual purpose” advice that includes both privileged and business information may be at risk for IP lawyers.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. 21–1333 (SCOTUS May 18, 2023 [A reminder that I filed an amicus brief in this case in support of Google, explaining how Section 230 intersects with the First Amendment.]

Social Media 137

Social Media Law Fair Use Blogging 137

Technology & Marketing Law Blog

DECEMBER 30, 2021

In my last post , I recapped Florida’s appeal brief and the supporting amicus briefs. In this post, I’ll recap highlights from the appellees’ brief, the supporting amicus briefs, and Florida’s reply brief. (At Appellees’ Brief. ” Amicus Briefs.

Social Media 111

Social Media Law Privacy Blogging 111

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

“the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. Instead, it requires these clinics to disclose information about state-sponsored services—including abortion, anything but an ‘uncontroversial’ topic.” NetChoice/CCIA’s Reply Brief.

Social Media 136

Social Media Publishing Law Blogging 136