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Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Patently-O

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. The case, Inline Plastics Corp. Lacerta Group, LLC , No. 2022-1954 (Fed.

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Join me for “Tips from the Trenches: Hot Issues and Best Practices in Trying a Trade Secrets Claim under the Defend Trade Secrets Act” at the ABA-IPL Section’s Annual Conference

LexBlog IP

on the topic “Tips from the Trenches: Hot Issues and Best Practices in Trying a Trade Secrets Claim under the Defend Trade Secrets Act (DTSA).” ” With the COVID pandemic slowing the trial of cases, many DTSA cases, especially jury trials, are only now seeing their day in court. Topics will include: Judge or jury?

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Major YouTube Copyright Lawsuit Nears Trial With Almost Everything On the Line

TorrentFreak

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. Several pages of undisputed standard instructions will follow the above. They remain fundamentally opposed.

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Fifth Circuit Affirms That Ericsson’s Offers to HTC Complied With ETSI FRAND Commitment (HTC v. Ericsson)

LexBlog IP

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. The district court declined to give those additional instructions.

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Covid-19 Act gives government more options in proceeding against supplement seller

43(B)log

Certainly, Defendant Nepute made assertions about Vitamin D, zinc, COVID-19, and the vaccines, among other things, in his advertisements, but he often jumped from topic to topic and did not make connections between his statements. The government can show either falsity/misleadingness or lack of substantiation to prevail.

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Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

43(B)log

The AG’s expert drew a random sample of 2,234 calls, of which 561 discussed at least one relevant topic within this sample. Between 2013 and 2020, there were 1,573,400 phone calls between defendants and California students. Twenty-two percent contained at least one misrepresentation.

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Catching Up on Recent FOSTA Developments (None of Them Good)

Technology & Marketing Law Blog

Students: this post surfaces numerous potential paper topics. Under Defendants’ interpretation, such a platform would escape all civil liability, despite instructing and encouraging users to post such content on their platforms. Cases are already going up on appeal, so there will be a lot more law coming on these issues soon. * * *.

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