JD Supra Law

DECEMBER 1, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. 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.

Licensing 52

Licensing Litigation Settlement Art 52

LexBlog IP

APRIL 13, 2023

A federal court in California ruled in favor of sanctions against Google last week for failing to preserve records. Google’s document retention policy required individual employees to identify internal chat conversations responsive to a litigation hold. In re Google Play Store Antitrust Litigation , 21-MD-02981, NDCa.

Litigation 52

Litigation Privacy Technology Intellectual Property 52

The IPKat

SEPTEMBER 12, 2021

In this series, the blog's authors offer answers to 21 topical copyright questions for the 21st century. It reviews the basic issues on the topic, then elaborates on the importance of performers’ rights for creative industries and the main debates and developments in the area. Last week’s post is dedicated to performers’ rights.

Blogging 67

Blogging IP Publishing Copyright 67

TorrentFreak

OCTOBER 20, 2022

The “repeat infringer” issue remains a hot topic in US courts and over the years several ISPs have been sued because of them. A few days ago, the jury trial finally began at a federal court in the Western District of Texas. In anticipation, both parties submitted motions to exclude several topics, with partial success.

Copyright Infringement 117

Copyright Infringement Music Settlement Copyright 117

Patently-O

DECEMBER 31, 2021

The following comes from Chief Justice John Roberts’ end-of-year Report on the Federal Judiciary for 2021. The third agenda topic I would like to highlight is an arcane but important matter of judicial administration: judicial assignment and venue for patent cases in federal trial court.

Patent 64

Patent Reporting Government Litigation 64

Trading Secrets

APRIL 5, 2022

In the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook , our nationally-recognized team provides keen insights about what to expect in 2022. As the pandemic morphs into an endemic, we are seeing overall litigation activity increase as court backlogs have cleared and trials have resumed. Bankruptcy.

Litigation 59

Litigation Privacy Reporting Business 59

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2021

Fish & Richardson is pleased to announce that Principal Lauren Degnan has been named a 2021 “Litigation Trailblazer” by the National Law Journal. office, Degnan is a seasoned trial and appellate lawyer who handles high-stakes, high-risk IP disputes in federal district courts, the U.S.

Journalism 40

Journalism Litigation Law IP 40

Patently-O

MAY 23, 2022

Prior to the mid-1990s, patent litigation took place in district court silos. District judges managed these cases based on their general litigation background, which rarely extended to patent cases. As a result, each patent case reinvented the patent litigation wheel to a significant extent.

Patent 67

Patent Litigation Intellectual Property Intellectual Property Law 67

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. While standing was not necessary to file an IPR because of the administrative nature of the PTAB, standing is a constitutional requirement for appeal to the federal courts. 22-1706 (Fed.

Art 49

Art Business Patent Settlement 49

LexBlog IP

MAY 24, 2023

.” Further to high-ranking officials from the USPTO, there were a plurality other presentations and conversations amongst members of the design law community that included private practice prosecutors and litigators, in-house counsel, industrial designers, USPTO Examiners, and product design expert witnesses.

Designs 40

Designs Design Design Patent Litigation 40

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. by Dennis Crouch. Lets talk them through. Genentech, Inc. ,

Patent Law 95

Patent Law Law Patent Litigation 95

LexBlog IP

JULY 9, 2021

We also discuss the infamous “ Unicorn Case ” — a federal court decision issued in March 2020 that expressed skepticism over requests for emergency injunctions in the midst of a pandemic — and whether geographic restrictions make sense anymore.

Litigation 52

Litigation Music Intellectual Property 52

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.

Music 128

Music Copying Technology Copyright 128

Trading Secrets

NOVEMBER 18, 2021

Another focus of the meeting will be to form and launch the following commentary drafting team efforts on the following topics: What Can and Cannot Be a Protectable Trade Secret? Milligan recently served on the WG12 Steering Committee and served as a Senior Editor of the Employee Life Cycle drafting committee.

Litigation 52

Litigation Registration Government 52

The IP Law Blog

JULY 15, 2021

In recent years, the Supreme Court has decided a number of cases, including Bilski v. For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Kappos, Mayo Collaborative Servs. Prometheus Labs., Ass’n for Molecular Pathology v.

Law 109

Law Patent Invention Intellectual Property 109

Patently-O

SEPTEMBER 7, 2022

The First Circuit appellate court described this case as a game of “musical chairs” When the music stopped “one firm [was] left out in the cold.” Later, those two companies formed an official partnership to develop a C3-binding protein (the same topic for which Amyndas had shared data). Amyndas Pharm.,

Music 57

Music Contracts Confidentiality Litigation 57

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

A TTAB opposition is different than a district court lawsuit in several ways. This is especially important when the opponent has not yet started using the trademark with a service or good, as this may prevent the challenging party from suing in district court. Keep in mind that all Federal Circuit case law is binding on the TTAB.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

LexBlog IP

FEBRUARY 10, 2022

Federal Circuit Reverses Newest Member. Back in 2019 I highlighted this option as the #1 development in PTAB practice for district court litigators. Earlier this week, the Federal Circuit was given another opportunity to explore this topic, and the potential policy consequences of such private agreements.

Confidentiality 52

Confidentiality Invention Litigation Patent 52

TorrentFreak

JUNE 22, 2023

This is a highly controversial topic in the music industry, with many insiders suggesting that commercial use of these models could breach copyright law. Exactly what is allowed and what isn’t is a topic of legislative debate.

Copyright Infringement 116

Copyright Infringement Copyright Music Copying 116

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 58

Invention Copying Licensing Art 58

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. Zeidenberg , although it was also adopted by the Fifth and Eleventh Circuits, as well as the Federal Circuit (in a case applying the First Circuit’s law). A third approach?

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

OCTOBER 23, 2021

The court’s resolution likely satisfies no one. The court overrules the plaintiffs’ objections to this evidence. The court discusses another topic I don’t often see discussed. The Federal Arbitration Act applies only to interstate commerce. The court distinguishes the Nicosia v.

Contracts 116

Contracts Registration Litigation Copying 116

LexBlog IP

AUGUST 17, 2022

A recent federal court decision found that FleetCor, a company that sells fuel card services to businesses, and its CEO had violated the Federal Trade Commission (FTC or Commission) Act through a series of deceptive and unfair acts and practices. Background. The case continued, however, with the FTC focused on injunctive relief.

Litigation 52

Litigation Advertising Advertising Reporting 52

LexBlog IP

NOVEMBER 18, 2021

Another focus of the meeting will be to form and launch the following commentary drafting team efforts on the following topics: What Can and Cannot Be a Protectable Trade Secret? Milligan recently served on the WG12 Steering Committee and served as a Senior Editor of the Employee Life Cycle drafting committee.

Litigation 40

Litigation Registration Government Intellectual Property 40

Technology & Marketing Law Blog

AUGUST 14, 2022

The court clarifies that, in this context, the chyron’s use of “follower” refers to an adherent of the organization’s beliefs, not just the mechanical act of following an account on Twitter. However, the court says retweets ? This retweet will surely be a key topic in CNN’s deposition of Jack.

Law 112

Law Social Media Reporting Government 112

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. The Federal Court of Appeal disagreed and found that overbreadth can be supported by a combination of sections 27(3) and 27(4) of the Patent Act.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Patently-O

OCTOBER 5, 2021

The following comes from the Notice: Since 2017, the Federal Circuit has issued numerous decisions applying the Supreme Court’s legal framework in a variety of contexts, and many petitions for writ of certiorari have been filed. In 2019, the Supreme Court called for the views of the Solicitor General. Berkheimer, No.

Patent 102

Patent Intellectual Property Invention Inventor 102

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. by Dennis Crouch. American Axle (cert denied). Kite Pharma, Inc. ,

Patent Law 125

Patent Law Law Patent Invention 125

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Last month, the Second Circuit Court of Appeals upheld both monetary and non-monetary sanctions against him.

Copyright 87

Copyright Fair Use Settlement Designs 87

Corsearch

FEBRUARY 9, 2023

Mike has many years of experience representing major brands in cross-border litigation in both domestic and international Courts. We look at current hot topics, explore collaboration opportunities, best practices to tackle threats, and how legislative and regulatory frameworks could evolve to better serve brand owners and consumers.

Branding 52

Branding Brands Branding Intellectual Property 52

LexBlog IP

JULY 15, 2021

In recent years, the Supreme Court has decided a number of cases, including Bilski v. For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Kappos, Mayo Collaborative Servs. Prometheus Labs., Myriad , and Alice Corp.

Law 52

Law Invention Patent Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 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 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

JULY 30, 2021

When this Kat started his tenure as a GuestKat two years ago, his first post was on the first anti-anti-suit injunction issued in Europe, by the Munich Regional Court. Ten years ago, a proportionality test was a radical idea embraced only by a handful of academics [see here for one of the earliest EU-focused publications on the topic].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

LexBlog IP

APRIL 29, 2022

And for those unfamiliar with AMG , it is a Supreme Court decision from April 2021 that dramatically limited the ability of the FTC to get equitable monetary relief in federal court. Being able to cancel such subscriptions easily has been a frequent FTC topic of late.

Business 52

Business Law Litigation Marketing 52

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

TorrentFreak

SEPTEMBER 15, 2021

This type of scheme (often labeled ‘copyright trolling’ due to the generation of revenue through strategic litigation) exists in many countries around the world. Voltage Holdings Obtains High Court Order. That now appears to be the case. The onus would be on VOLATGE to prove these allegations of infringement.”

Settlement 98

Settlement Copyright IP Reporting 98