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

Patently-O

MARCH 31, 2024

After the verdict, if the losing party believes the jury instructions were legally erroneous or prejudicial, they may raise this issue on appeal, so long as objections were raised sufficient to preserve the issue for appeal. Lacerta Group, LLC , No. 2022-1954 (Fed.

Invention 57

Invention Copying Licensing Art 57

IP and Legal Filings

JANUARY 19, 2023

The recent case of Revlon is related to bankruptcy but focusing on the other side, the case has brought the attention to the topic that could be of useful to intellectual property rights that is the relation of IPR and the bankruptcy. Differentiated products help the client or the customer in distinguishing among the products.

Intellectual Property 78

Intellectual Property Licensing Trademark IP 78

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. Background.

Licensing 52

Licensing Contracts Law Patent Law 52

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. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 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. Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Twitter, Inc. Taamneh , No.

Social Media 137

Social Media Law Fair Use Blogging 137

Technology & Marketing Law Blog

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95