Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. This opinion is the first I can recall that answers the question squarely, but the most interesting questions get sent to a jury trial. The court sends the issue to the jury. ” This is another jury issue.

Copyright 142

Copyright Social Media Fair Use Licensing 142

TorrentFreak

JULY 28, 2022

The legal battle reached the point of going to trial next week but, before that, the court needed to rule on some outstanding issues. Excluding Evidence From Trial. Specifically, the ISP and music companies both wanted to limit what evidence and arguments the other side can present to the jury.

Music 137

Music Copyright Contracts Copyright Law 137

TorrentFreak

MAY 15, 2023

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. Gearing Up For Trial The trial will play out at the U.S. They remain fundamentally opposed.

Copyright 132

Copyright Intellectual Property Business Licensing 132

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. It’s the first ever copyright lawsuit involving the unauthorized reproduction of tattoos in creative content to reach trial.

Fair Use 86

Fair Use Licensing Ownership Copying 86

GDB Firm Blog

DECEMBER 12, 2018

GRAND JURIES: A Series One of the most important parts of the criminal justice system is also the most opaque: the grand jury. The grand jury convenes in secret and controls whether a defendant stands trial for the most serious criminal charges. Because of its clandestine nature, its critical role is not well understood.

Blogging 52

Blogging 52

TorrentFreak

MARCH 9, 2022

As the case moves to trial, both parties have collected evidence to aid their viewpoints. RCN focuses heavily on the piracy tracking evidence from Rightscorp but has also brought up another topic; the decision by major record labels to remove DRM from the iTunes music store in 2009. However, both these efforts failed.

Music 130

Music Copying Privacy Copyright Infringement 130

43(B)log

SEPTEMBER 6, 2021

A jury found defendants liable for false advertising through a purportedly unbiased, independent site. The district court acted within its discretion in doing so, and properly cancelled the damages phase of the jury trial because no other witness had been disclosed on damages. Is that true for false advertising plaintiffs?

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Patently-O

FEBRUARY 24, 2022

20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” Neapco Holdings LLC, et al. ,

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Patent Law Law Patent Litigation 95

LexBlog IP

AUGUST 31, 2021

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. law without reference or comparison to French contract law.

Licensing 52

Licensing Contracts Law Patent Law 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. This is different than district court litigation, where factual disputes are typically decided by a jury of lay people. What can you do? Robust Precedent.

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Litigation Trademark Registering Trademarks Registration 59

Patently-O

MAY 23, 2022

They saw advantages to trying patent cases to juries. Pre-trial “ Markman ” hearings to construe claims became the norm, and with that, the development of the Northern District of California’s Patent Local Rules for managing patent cases led by Judge Ronald Whyte. SELECTED TOPICS. patent case management. PATENT INFRINGEMENT.

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Patent Litigation Intellectual Property Intellectual Property Law 67

43(B)log

JULY 20, 2023

He conducted no studies or research , led/participated in no clinical trials , and published no academic papers in any peer-reviewed journal. The court wanted more from the government when it asked the jury to find liability for a number of violations.

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Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. After a four-day bench trial in August 2021, a Texas federal judge found in the defendant’s favor in a high stakes trade secrets dispute between two energy companies. The jury initially found that $8.55 In Oakwood Lab’ys LLC v.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

AUGUST 14, 2022

This retweet will surely be a key topic in CNN’s deposition of Jack. If this case goes to trial, I imagine Jack’s explanation for the retweet will be a crucial credibility determination for the jury.

Law 112

Law Social Media Reporting Government 112

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) The jury had originally sided with GSK — finding infringement. Wade was good law before being overturned by the Court last term.

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Patent Law Law Patent Invention 125

Technology & Marketing Law Blog

AUGUST 31, 2021

Plaintiff discovered the use of his photos in articles covering the following topics: “FemSkin”. Net result: the court will conduct a jury trial solely to set the amount of damages. Red Blue Media owns and controls several websites, including “Guff” and “Memes”. The Snuggery”. Dillie the Deer”. Goatee the Surfing Goat”.

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Fair Use Journalism Licensing Marketing 129

TorrentFreak

JULY 13, 2022

Most recently, both sides requested summary judgments , hoping to start the trial with an advantage. Before the trial starts, however, some outstanding issues need to be resolved. Specifically, the ISP and music companies want to limit what evidence and arguments the other side can present to the jury. No Human Rights Mentions.

Music 142

Music Contracts Copyright Infringement Copying 142

43(B)log

FEBRUARY 17, 2022

that clinical trials demonstrated that the supplement was safe) and asking whether the communication at issue communicated or implied that statement.” While surveys should control for demand effects, the surveys here didn’t suggest to consumers what the “right” answer was, only what the relevant topic was. “[T]he

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

FEBRUARY 16, 2024

And this move—firmly distinguishing source confusion from other kinds of confusion, this time with a statutory basis, would have salutary effects on free speech and competitive freedom to operate, which are topics I believe the other speakers will take up in more detail. Trial court hated VIP! As in MGA v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

APRIL 12, 2024

The trial court found that for more than a decade, defendants violated the UCL and FAL by making false and misleading statements to prospective students for a total of 1,243,099 UCL and FAL violations. The AG’s expert drew a random sample of 2,234 calls, of which 561 discussed at least one relevant topic within this sample.

False Advertising 59

False Advertising Law Reporting Marketing 59

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. There were several significant trade secret jury awards in 2022 in Virginia ($2 billion), Ohio ($65 million), and Michigan ($105 million). We expect to see even more large jury results in 2023.

Confidentiality 52

Confidentiality Litigation Business Law 52

Patently-O

NOVEMBER 11, 2022

The scope afforded to chemical genus claims under 35 USC § 112(a)’s enablement and written description requirements has been hot topic recently (at least in certain quarters). The district court overturned the jury verdict with respect to enablement, but denied a motion for JMOL with respect to written description. Christopher M.

Inventor 48

Inventor Invention Patent Reporting 48

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. There were several significant trade secret jury awards in 2022 in Virginia ($2 billion), Ohio ($65 million), and Michigan ($105 million). We expect to see even more large jury results in 2023.

Confidentiality 52

Confidentiality Business Intellectual Property Litigation 52

Kluwer Copyright Blog

AUGUST 13, 2023

Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. The plaintiffs demand for jury trial, to recover injunctive relief and damages as a result and consequence of defendants’ unlawful conduct. OpenAI INC. et al , No. OpenAI, L.P., OpenAI OpCo, L.L.C.,

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

NOVEMBER 11, 2022

delivered by a Michigan federal jury for the breach of its contract with Versata Software and the misappropriation of Versata’s trade secrets. The jury found that after off-ramping Versata, Ford improperly reverse engineered the software for its own use. The jury awarded $22.39 million verdict against Ford Motor Co.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

SpicyIP

JULY 19, 2021

Topical Highlight. In the midst of a federal jury trial in Texas, Huawei Technologies Co. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. and Verizon Communications Inc. agreed to settle two patent-infringement claims over telecommunications technology royalties.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Henry Harvin India Education Llp vs Abhishek Sharma & Ors. Dabur India Ltd. 1 ayurvedic toothpaste” is misleading.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

LexBlog IP

DECEMBER 15, 2022

I had a trial this month, so I was delayed in my wrap up of noteworthy developments from November. And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. Certainly not me. But the U.S. Court of Appeals for the Sixth Circuit just issued an opinion in Caudill Seed & Warehouse Co.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The continued slow pace of approvals is potentially the result of the COVID-19 pandemic and related delays in clinical trials and facility inspections by FDA, as well as a re-prioritization and shifting of agency resources towards COVID-19 vaccines and treatments. A jury trial is set for July 11, 2022. 63; see also Dkt.

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Litigation Settlement Patent Marketing 52