Chicago IP

MAY 12, 2021

Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law. The Court would not prevent damages topics because Carjams intended to use a damages expert. Damages was still an appropriate topic for a corporate deposition.

Patent 40

Patent Patent Application Art Licensing 40

LexBlog IP

APRIL 13, 2023

A federal court in California ruled in favor of sanctions against Google last week for failing to preserve records. The court found this policy to be in violation of Google’s duty to preserve electronically-stored information under the Federal Rule of Civil Procedure 37(e). ” In that case, they were retained for 30 days.

Litigation 52

Litigation Privacy Technology Intellectual Property 52

SpicyIP

NOVEMBER 8, 2023

The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. the IPAB had to rule on the patentability of a pharmaceutical composition used to treat renal hepatic and gastrointestinal diseases. 3(e), in La Renon Health Care Pvt. Kibow Biotech Inc.,

Invention 69

Invention Patent Art Patent Law 69

LexBlog IP

DECEMBER 19, 2022

The topics for the conference included: A legislative update. While arbitration can offer increased confidentiality and more bespoke attention, limitations on discovery and the perceived lower value of injunctive relief generally make arbitration a less desirable venue than court for trade secrets plaintiffs.

Confidentiality 40

Confidentiality Intellectual Property Law Intellectual Property Litigation 40

TorrentFreak

MARCH 28, 2023

As such, it is no surprise that the topic is also mentioned in IFPI’s annual Global Music Report , which discusses the state of the global music industry. “Some, for example, support artist discovery, others enhance audience identification. At the same time, robust copyright rules and regulations must be respected.

Music 136

Music Reporting Copyright Intellectual Property 136

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

This manual contains the rules related to registering trademarks with the USPTO, and it also includes summaries of precedential cases that may help your attorney analyze a legal issue. Parties in TTAB oppositions can obtain discovery, such as by deposing opponent’s employees and requesting opponent’s internal documents.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

TorrentFreak

MAY 16, 2022

After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. ” With Watch Tower determined to press on with discovery to remove McFree’s anonymity, the religious group made a pivotal admission. Something didn’t sit right. Nothing sat right.

Fair Use 121

Fair Use Copyright Litigation Music 121

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. This ruling covers two key topics related to 512. Zimmerman * Rare Ruling on Damages for Sending Bogus Copyright Takedown Notice–Lenz v.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

SpicyIP

AUGUST 2, 2021

Topical Highlight. The Report suggests amending Section 3(b), 3(c), and 3(j) to review the patentability norms concerning public order/morality, discovery of non-living substances and patenting plants and seeds respectively. India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts.

Reporting 116

Reporting Designs Design Copyright 116

Velocity of Content

SEPTEMBER 21, 2021

The following graphic is a simplified version of the research-authoring-review-publishing cycle: On this idealized representation, Peer Review appears in the middle right of the cycle, the step at which formal peer reviewers —who, as a rule, are independent, i.e. not employees of the publisher —are sent the submitted paper.

Publishing 89

Publishing Journalism Editing Designs 89

LexBlog IP

SEPTEMBER 9, 2022

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. The patent office equates the duty of disclosure to the office to the obligations imposed by Rule 11 of the Federal Rules of Civil Procedure. From Rule 11(b): (b) Representations to the Court. Who Has a Duty to Disclose.

Government 52

Government Intellectual Property Marketing Marketing 52

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 court predictably reaches the same conclusion as in its first ruling.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Velocity of Content

DECEMBER 15, 2022

This is a summary of a pre-print article my team has written on this topic (with supporting data and references); it is accessible at biorxiv. Nevertheless, sensible (domain specific) rules can be created to estimate that value. Data Quality Issues Encountered in building CCC COVID-19 Author Graph. Data Quality Issues.

Publishing 95

Publishing Journalism Blogging Reporting 95

SpicyIP

JULY 3, 2022

Or is that more akin to ‘discoveries’ that even our current IP systems deem too crucial to allow commodification of? This way, we may create clearer boundaries (b/w ‘Norm/Rule’ v. Pocrati: Yeah, exactly. Likewise what about the New Testament which regarded knowledge as a gift from God (1 Corinthians 12:8)? Antilegend: Maybe, why not!

IP 119

IP Intellectual Property Government Invention 119

Herbert Smith Freehills

AUGUST 2, 2022

At the same time, the rules of the game have changed: the nature and scope of dawn raid inspections are evolving and businesses must act now to keep pace. ASHLEY BRICKLES : Just as the workplace has entered a new era, so too have the global rules and processes around dawn raids.

Editing 52

Editing Privacy Business Technology 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. The court rejected defendants’ argument as an “effort to blend together the identification-of-a-trade-secret element and the misappropriation element, when “only discovery will reveal exactly what the defendants are up to.” Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

The TTABlog

NOVEMBER 29, 2022

In a dubiously precedential Order, the ruled on several discovery-related motions in this opposition to registration of the mark GROMEO for "Planters for flowers and plants; Self-watering planters for flowers and plants." moved to compel a deposition and to extend its time to respond to OMS's discovery requests.

Designs 83

Designs Design Registration Government 83

Trading Secrets

DECEMBER 21, 2021

While at least one of these state laws now expressly exempts most trade secret and non-compete lawsuits from its scope, there remains a backlog of cases filed before the new regime where the anti-SLAPP law stands as the primary hurdle before a case can even proceed to full discovery. We continue to closely monitor potential developments.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

While at least one of these state laws now expressly exempts most trade secret and non-compete lawsuits from its scope, there remains a backlog of cases filed before the new regime where the anti-SLAPP law stands as the primary hurdle before a case can even proceed to full discovery. We continue to closely monitor potential developments.

Confidentiality 52

Confidentiality Law Contracts Business 52

Velocity of Content

MARCH 31, 2022

This segment from the television show came to mind again for me recently when I sat myself down to a short course of study about various standards, forcing me to think about the whole topic in a more detailed and organized way than I previously had occasion to do. You know, vexillology; Old Glory, the Union Jack and all that.

Television 95

Television Journalism Publishing Licensing 95

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 4, 2023

Copyright owner has initiative, choice of forum, enforcement; researcher can at best get a no-infringement ruling. Need to define what’s common or standard within the genre, but these dismissals are happening before discovery; 9 th Circuit used to say you couldn’t even do it on summary judgment unless it was uncontested.

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

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. The court is 100% correct that the plaintiffs sought to develop a rule of law that would hold Internet services liable for all terrorist attacks anywhere around the globe.

Social Media 136

Social Media Law Fair Use Blogging 136

Technology & Marketing Law Blog

MAY 25, 2022

Unless/until it gets overridden by an en banc ruling or the Supreme Court, it sends a powerful cautionary message to thousands of legislators drafting anti-Big Tech bills to question the legitimacy of their regulatory efforts. McManus ruling, which rejected some mandatory disclosures about political advertising. What Level of Scrutiny?

Social Media 96

Social Media Law Blogging Publishing 96

LexBlog IP

JULY 21, 2021

Bond that both disregarded the claim (or the court’s jurisdiction to rule on such a claim) of the supernatural authorship, and recognized the possibility of joint authorship between living humans and a spirit, each of which is a far cry from the U.S. Discoveries vs Inventions. Invention and discovery do not bear the same meaning.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. Barton Beebe’s empirical work on this topic. Goldsmith , No. of America v.

Fair Use 94

Fair Use Derivative Work Blogging Licensing 94

Technology & Marketing Law Blog

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss. Related topics * Patel v. Savoy, 2021 N.C. LEXIS 236 (N.C. Superior Ct. July 28, 2021).

Publishing 84

Publishing Law Marketing Marketing 84

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). However, it’s actually a significant loss for the defense for this case to proceed because it opens up expensive discovery. Indeed, the parties are embroiled in discovery disputes right now. ” (How about this: let’s not). .”

Advertising 98

Advertising Advertising Trademark Settlement 98

LexBlog IP

NOVEMBER 1, 2023

This might include, for example, facilitating third-party and user discovery and reporting of issues and vulnerabilities. 11] The European Commission Proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence (the “ AI Liability Directive ”) is accessible here. [12]

Publishing 52

Publishing Government Intellectual Property Technology 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

While there was significant excitement early in the year about how the Supreme Court would rule in Arthrex , its decision in June mostly maintained the status quo. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. 312(a) and 37 C.F.R.

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

MARCH 12, 2023

District Court for the Southern District of Ohio Judge Timothy Black rejected arguments that a state court declaratory relief action over the ownership of several disputed patent applications involved federal patent or trade secret claims and ruled that it belonged in state court. § 256 was premature because no patents had yet issued.

Blogging 52

Blogging Litigation Ownership Reporting 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., and AbbVie Biotechnology Ltd.; Additional motions remain pending.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

JANUARY 9, 2023

December was unusually busy and 2023 started with a bang courtesy of the Federal Trade Commission’s (FTC) proposed rule banning noncompetes. To date, most of the discussion regarding trade secret identification has been at the discovery stage but now courts are reinforcing that message by denying early requests for an injunction.

Blogging 40

Blogging Litigation Intellectual Property Licensing 40

Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] So far the judicial system has largely thwarted these partisan attacks on the legal system, but it would take only a few pro-partisan rulings (such as the Missouri v. [My blogging queue has gotten backlogged.

Marketing 110

Marketing Marketing Social Media Law 110

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

Otherwise, bring tissues as you read how an appellate court remixes the rule of law to rationalize government censorship. Florida and the plaintiffs will cross-appeal the 11th Circuit ruling to the Supreme Court in the very near future. If that’s your kind of Kool-Aid, then you will like this opinion. Background. See 441 U.S.

Social Media 136

Social Media Publishing Law Blogging 136

TorrentFreak

AUGUST 3, 2021

Many of the large social media platforms stick to these rules. “Between refusing to pay creators for their works and obstructing their discovery of infringing works, it appears that unauthorized use of copyrighted works is an unacknowledged part of Twitter’s business model,” they write.

Business 142

Business Social Media Music Copyright 142