TorrentFreak

MAY 29, 2023

At the end of 2020, the operator of one of the largest YouTube rippers took the unprecedented step of taking the music industry to court. In response, he sued the RIAA , asking the federal court in Connecticut to declare his service non-infringing. Last fall, the district court decided to dismiss the matter , handing a win to the RIAA.

Music 127

Music Copying Technology Copyright 127

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. MD Patent referred to case T-589/20 on the likelihood of confusion between the signs "MAIMAI MADE IN ITALY" and "YAMAMAY", recently decided by the General Court. The IPKat has once again compiled some of them for you.

Blogging 52

Blogging IP Copying Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2021

office, Degnan is a seasoned trial and appellate lawyer who handles high-stakes, high-risk IP disputes in federal district courts, the U.S. Court of Appeals for the Federal Circuit, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB). The managing principal of Fish’s Washington, D.C.,

Journalism 40

Journalism Litigation Law IP 40

SpicyIP

APRIL 10, 2024

In the last few days, the Madras and Delhi High Courts have passed a few significant orders on these topics. But the Court refused to buy this and held that a decision to not pursue an application can be because of a variety of reasons and not only because of the objections in the FER.

Patent 45

Patent Cease and Desist Invention Art 45

LexBlog IP

FEBRUARY 7, 2024

AI is already impacting the document review and production process, legal research, and the drafting of court submissions. 4] Courts and Tribunals Judiciary, Artificial Intelligence (AI): Guidance for Judicial Office Holders (12 December 2023), [link]. [5] 2] Ibid , at para. 3] Ibid , at para. 5; see also paras. 23 and 24. [4]

Publishing 52

Publishing Government Litigation Inventor 52

Patently-O

MARCH 31, 2024

In a recent decision, the Federal Circuit vacated a judgment of invalidity and remanded for a new trial, holding that the district court’s jury instruction on objective indicia of nonobviousness constituted prejudicial legal error. Courts typically consider various factors in the obviousness analysis, known a the Graham Factors.

Invention 57

Invention Copying Licensing Art 57

Technology & Marketing Law Blog

AUGUST 21, 2023

But courts don’t always use facts like that for petard-hoisting, instead grounding their rulings in legal doctrines and admissible evidence. As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.”

Contracts 84

Contracts Social Media Blogging Law 84

LexBlog IP

AUGUST 15, 2023

After the Supreme Court’s decision in United States v. The deck is stacked against the appellant given, for example, the deferential standard the court applies in reviewing the Board’s fact-finding. Arthrex, Inc. , But appealing is time- and resource-intensive.

Patent Application 52

Patent Application Patent Designs Design 52

The IPKat

MARCH 10, 2024

For further information about the agenda and topic, see here. As a legal practitioner himself and as a deputy district court judge and appellate court justice he has shaped our case law. You can attend either in person (on a first-come-first-served basis!) It will be held between 8 and 9 April.

Intellectual Property 62

Intellectual Property Intellectual Property Law Copyright IP 62

SpicyIP

MAY 16, 2023

The broad parameters in the report include structural reform of courts, statutory revisions, implementation of innovative court practices, and judicial education et al. The concept of compulsory licensing and its applicability is explained in Indian context, as a selected topic, before the chapter concludes.

Patent 105

Patent Reporting Intellectual Property Law 105

The IPKat

FEBRUARY 19, 2023

The speakers include: The Hon Mr Justice Meade (High Court), Al Skilton (Senior Hearing Officer, UKIPO), Stev Sturmann (Chair of the 2nd Board of Appel, EUIPO) and Professor Dr Vespa Tomljenovic (Judge, General Court of the EU). The event will be chaired by The Rt Hon Professor Sir Robin Jacob. More details here.

Intellectual Property 67

Intellectual Property Branding Brands Branding 67

Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Still, there are a number of important patent cases pending before the court. Still, there are a number of important patent cases pending before the court. Appellate Standing for IPR Challenger : Apple Inc. by Dennis Crouch.

Patent Law 95

Patent Law Law Patent Litigation 95

Technology & Marketing Law Blog

JULY 18, 2023

There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. Until recently, the Sixth Circuit was the most prominent court that endorsed this approach. In December 2022, the Supreme Court invited the U.S. A third approach?

Blogging 90

Blogging Contracts Copyright Law Copyright 90

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. This topic has been discussed in a recent conference on “Intellectual Property & Sustainability” as reported by The IPKat.

Trademark 132

Trademark Advertising Advertising Marketing 132

Technology & Marketing Law Blog

JUNE 1, 2022

Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ social media censorship law. My understanding is that the injunction will dissolve after the Fifth Circuit issues its written opinion (unless the panel magically changes its mind and affirms the district court).

Social Media 122

Social Media Blogging Law Technology 122

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! SpicyIP Tibdit: Delhi High Court directs Oppo to make interim deposit in InterDigital v. Do let us know your thoughts on these mini-guides in the comments below!

Invention 59

Invention Trademark IP Patent 59

SpicyIP

NOVEMBER 8, 2023

In another development, Publishers united to Fight Copyright Infringement on ResearchGate , although it was settled out of court. In an October 2012 post, Kruttika Vijay highlighted the Supreme Court’s concerns over the lack of transparency in clinical trials in India. Whither Clinical Trial Data?:

Trademark 59

Trademark Publishing Journalism Copyright 59

Trading Secrets

MARCH 24, 2022

Interestingly, though not a precedential opinion and a decision where the Fifth Circuit anticipated how the Louisiana Supreme Court would rule, the Court signaled that, where no actual employment relationship existed, a non-compete would not be enforceable.

Business 59

Business Law 59

Patently-O

FEBRUARY 27, 2024

The updated guidance underscores that the factual inquiries set forth by the Supreme Court in Graham v. ” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.” John Deere.

Art 120

Art Invention Patent Application Patent 120

Patently-O

OCTOBER 17, 2022

12(b)(6) motion to dismiss with a holding from the district court that the asserted claims are ineligible under 35 U.S.C. § In particular, the court found that they were all directed to the unpatentable idea of “ collecting information on a user’s movements and location history and electronically recording that data.”

Patent 70

Patent Invention Journalism Inventor 70

SpicyIP

AUGUST 15, 2021

Topical Highlight. They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. Decisions from Indian Courts. The Delhi High Court in Krown Biscuit Pvt. 6 August, 2021].

Licensing 83

Licensing Government Reporting Patent Law 83

LexBlog IP

SEPTEMBER 15, 2021

Background and District Court Proceedings. In May 2020, the district court granted summary judgment, ruling that the non-solicitation provision was an ancillary restraint that did not unlawfully restrict competition. Aya Healthcare Services, Inc. AMN Healthcare, Inc. 20-55679, 2021 WL 3671384 (9th Cir. AMN moved for summary judgment.

Law 52

Law Marketing Marketing Business 52

Trading Secrets

SEPTEMBER 15, 2021

Background and District Court Proceedings. In May 2020, the district court granted summary judgment, ruling that the non-solicitation provision was an ancillary restraint that did not unlawfully restrict competition. Aya Healthcare Services, Inc. AMN Healthcare, Inc. 20-55679, 2021 WL 3671384 (9th Cir. AMN moved for summary judgment.

Law 52

Law Marketing Marketing Business 52

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

This blog post covers the appellate brief and some supporting amicus briefs. The Florida Appellate Brief. Some of the state’s concessions: the state conclusorily disagrees with the district court’s claim that the law applies to entities that don’t resemble social media, but didn’t push the issue.

Social Media 99

Social Media Government Blogging Publishing 99

IP and Legal Filings

FEBRUARY 13, 2023

Image Sources : Shutterstock] Doctrine of Exhaustion A very important concept that needs to be understood while we delve into this topic of Parallel Imports is the doctrine of exhaustion. by the authorized dealer, the liability will not be on the original proprietor of the company or mark.

Marketing 78

Marketing Marketing IP Intellectual Property 78

The IPKat

SEPTEMBER 5, 2023

Then it moved on to the inevitable topic of appeal. vi) Fourth, whether it is appropriate for the Court to seek to eliminate or discourage hold-out e.g. by finding that a willing licensee must pay royalties on all unlicensed sales [446 iv)] & [540]-[545]. InterDigital advanced four grounds of appeal.

Technology 67

Technology Publishing Reporting Marketing 67

Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Wade was good law before being overturned by the Court last term. by Dennis Crouch.

Patent Law 125

Patent Law Law Patent Invention 125

SpicyIP

JULY 5, 2021

Topical Highlight. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. Decisions from Indian Courts. Golden Tobacco Ltd.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. The district court dismissed plaintiff’s complaint for failure to state a claim. On appeal, plaintiff argued that the district court did not correctly apply the plausibility standard under the DTSA. In Oakwood Lab’ys LLC v.

Law 59

Law Confidentiality Designs Design 59

IPilogue

JANUARY 14, 2022

On July 28, 2021, the Federal Court of Appeal confirmed overbreadth as a standalone attack on patent validity: Seedlings Life Science Ventures, LLC v Pfizer Canada ULC. In this case, the appellants argued that there is no statutory basis for overbreadth as a ground for invalidity. Overbreadth as an Independent Ground of Invalidity.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Patently-O

MAY 23, 2022

Prior to the mid-1990s, patent litigation took place in district court silos. With the Markman decisions of the mid 1990s, the Federal Circuit and the Supreme Court triggered a new patent litigation era. patent system is far more extensive and complex than district court litigation. APPELLATE REVIEW. SELECTED TOPICS.

Patent 67

Patent Litigation Intellectual Property Intellectual Property Law 67

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light of the Supreme Court’s Van Buren ruling. The Supreme Court in Van Buren endorsed this approach. LinkedIn lawsuit started in 2017.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions.

Litigation 98

Litigation Patent Marketing Marketing 98

IP and Legal Filings

MARCH 7, 2022

Infringement occurs when there is a misunderstanding in the courtroom, and it is the responsibility of the owner or plaintiff to prove the infringement in court. According to the jurisdiction, the trademark owner can file a Civil remedy action in District Court. The monetary value or brand injury will be recovered in damages.

Trademark 61

Trademark Law Registering Trademarks Branding 61

IP and Legal Filings

MARCH 7, 2022

Infringement occurs when there is a misunderstanding in the courtroom, and it is the responsibility of the owner or plaintiff to prove the infringement in court. According to the jurisdiction, the trademark owner can file a Civil remedy action in District Court. The monetary value or brand injury will be recovered in damages.

Trademark 57

Trademark Law Registering Trademarks Branding 57

The IPKat

NOVEMBER 27, 2023

It is also a neat illustration of the potential for trade mark disputes to arise, and be aired in court, long after the competing brands enter the market. Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). IPKat here and here. IPKat here.

Editing 70

Editing Registration Branding Brands 70

Technology & Marketing Law Blog

JANUARY 9, 2024

The court rejects most of Snapchat’s motion to dismiss. Section 230 The court’s Section 230 analysis runs for 13 pages (pages 9-22), but it has an inappropriately laconic denouement. Hacking the Precedent The key to the judge’s unexpected ruling is how the court manipulates the precedent it purports to consider.

Publishing 74

Publishing Designs Design Law 74