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OneSubsea IP UK Ltd. v. FMC Tech., Inc., No. 22-1099 (Fed. Cir. May 23, 2023)

Intellectual Property Law Blog

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § The IPRs were decided three years later, leaving infringement litigation alive, at which point the District Court lifted the stay and reinstated the case.

IP 130
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UK IPO consultation on trade mark and design services

The IPKat

Readers can respond to the consultation with their views on these topics, before 11:59am on 31 October 2023. Series marks allow customers to apply for up to six similar trade marks at a reduced cost – for example, the same logo in different colours. The government is exploring extending the period in which SPC fees must be paid.

Designs 70
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FRAND Or Not: The 5G Patent Licensing Dispute Between Ericsson and Apple

IPilogue

As part of the course requirements, students were asked to write a blog on a topic of their choice. per low priced handset) of its 5G patent meets the fair, reasonable, and non-discriminatory (“FRAND”) commitment, together with an award of costs and legal fees. Ericsson Inc.

Licensing 106
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Recent Google sanctions should prompt review of data preservation practices

LexBlog IP

Google’s document retention policy required individual employees to identify internal chat conversations responsive to a litigation hold. The consolidated case arose out of antitrust litigation regarding Google’s “Play Store” Application on Android cell-phones. Google trains its employees on document retention.

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Triller’s $150k ‘Landmark’ Win Over Jake Paul YouTube Pirate Deserves Nuance

TorrentFreak

For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. He reportedly paid a settlement fee to Triller, which came with a release of claims. Code § 605 (Unauthorized publication or use of communications), plus reasonable attorneys’ fees and costs.

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OneSubsea IP UK Ltd. v. FMC Tech., Inc., No. 22-1099 (Fed. Cir. May 23, 2023)

LexBlog IP

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § Judge Bennett denied FMC’s motion for attorneys’ fees, which FMC appealed. § 285.

IP 52
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Is disgorgement the new normal in Lanham Act cases?

43(B)log

The district court entered a permanent injunction against defendants but denied disgorgement of profits, attorneys’ fees and costs. The panel, over two separate dissents, sends it back for reassessment of disgorgement, attorneys’ fees and costs (and still doesn’t publish the opinion).