Technology & Marketing Law Blog

OCTOBER 23, 2021

The court discusses another topic I don’t often see discussed. Peloton tries to bind the mom and son to the TOS via “equitable estoppel.” It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process.

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Contracts Registration Litigation Copying 115

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. And always remember the silver lining of denied institution: no estoppel. The Federal Circuit in 2021 decided two major cases concerning the implications of joinder for later estoppel against petitioners.

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

NOVEMBER 30, 2021

In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. Furthermore, under existing case law, the estoppel provision was insufficient as a basis for standing. Qualcomm Inc. , No 20-1683 (Fed. 10, 2021) (“Apple II”). Background.

Settlement 52

Settlement Licensing Litigation Art 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

The plaintiffs lost the Section 230 ruling in the Ancestry case, but the court says collateral estoppel doesn’t apply because the plaintiffs are appealing that ruling (?) FWIW, I raised this issue as a possible paper topic in 2008. Section 230. and the Knapke and Sessa rulings reached different results. Copyright Preemption.

Advertising 89

Advertising Advertising Social Media Blogging 89

Copyright Lately

SEPTEMBER 26, 2022

With the de minimis defense out of play, this leaves defendants to argue implied license, fair use, waiver and estoppel. Implied License and Fair Use Are the Key Remaining Defenses. The first two defenses are likely the strongest and most important. Nina Jablonski , a professor of anthropology at Pennsylvania State University.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Patently-O

FEBRUARY 24, 2022

The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. Dennis Crouch & Homayoon Rafatijo, Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion , 54 Akron Law Ref. 2022)(forthcoming).

Patent Law 95

Patent Law Law Patent Litigation 95

IPilogue

JANUARY 14, 2022

Muzzling Transferors of Intellectual Property: Assignor Estoppel in Canada by Prof. Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. Top 10 Most Read IPilogue Articles Published in 2021. David Vaver. Copilot or Co-Conspirator?

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

AUGUST 30, 2021

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. Flo & Eddie’s action against Pandora remains pending; but the Sirius XM ruling will undoubtedly be applied against Flo & Eddie under principles of collateral estoppel.

Blogging 82

Blogging Copyright Settlement Music 82

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.,

Litigation 52

Litigation Settlement Patent Marketing 52