The IPKat

APRIL 14, 2024

The program includes life sciences and artificial intelligence, Unified Patent Court (UPC) litigation, EU Data Act requirements, IP management topics across diverse fields and countries, and a gala dinner. The Licensing Executives Society International (LESI) annual conference will be held from 28 to 30 April 2024 in Madrid, Spain.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Licensing 67

LexBlog IP

APRIL 12, 2023

According to the USCO: “This initiative is in direct response to the recent striking advances in generative AI technologies and their rapidly growing use by individuals and businesses.” ” It is also a response to requests from Congress and the public.

Copyright 52

Copyright Registration Music Copyright Law 52

IPilogue

JANUARY 27, 2022

And, in the process of completing my tasks, I gained knowledge in legal areas that I had not previously considered, such as procurement, defamation, namely responsible communication, and litigation, including legal holds. A task in particular that stood out was the drafting of a response to a copyright infringement claim.

IP 106

IP Intellectual Property Law Copyright Infringement Intellectual Property 106

The IPKat

JANUARY 30, 2022

4iP - Anti-Suit and Anti-Anti-Suit Injunctions in SEP litigation - 17 February 2022 4iP will hold a webinar on 17 February 2022 (4:00pm, CET) about a paper that will soon be published by Dr. Igor Nikolic, "Anti-Suit and Anti-Anti-Suit Injunctions in SEP litigation". The registration for the event can be made here.

Privacy 70

Privacy Intellectual Property Registration Litigation 70

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here. The course consists of 10 sessions via Zoom.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

Technology & Marketing Law Blog

JULY 18, 2023

On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. Other circuits, notably the Second Circuit, hold contracts regulating the reproduction and distribution of information goods preempted. This leaves us with a rather deep split of authorities.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

JANUARY 19, 2023

However, this case’s litigation approach is problematic. Third, this lawsuit overlaps the broader censorial efforts to impose liability for social media addiction, including an MDL on that topic in the Northern District of California. ” Publisher/Speaker Claims. ” To get around this, the plaintiffs cited Lemmon v.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. Registration is open here. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

The IPKat

OCTOBER 25, 2022

The topic of the 28 October session is " Researching transnational law in the local context: what questions to ask, what methods to use and how can we study transnational law? " The RSS is conducted online to allow for international speakers. Registration is available here. The RSS is conducted online to allow for international speakers.

Intellectual Property 67

Intellectual Property Registration IP Technology 67

SpicyIP

APRIL 10, 2024

In the last few days, the Madras and Delhi High Courts have passed a few significant orders on these topics. Interested readers can read more on the Ceritinib patent litigation here.) The Court rightly refused to entertain this plea by holding that patents are territorial in nature.

Patent 45

Patent Cease and Desist Invention Art 45

Kluwer Copyright Blog

FEBRUARY 28, 2024

Copyright law has always been an emotional topic. Of course, their ongoing litigation makes them valid and attractive candidates to join these talks. However, being engaged in litigation cannot, by itself, be sufficient selection criteria for participation in such an important policy-making task.

Copyright Law 60

Copyright Law Copyright Law Music 60

LexBlog IP

FEBRUARY 10, 2022

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. In Nippon Shinyaku Co. Samsung Electronics Co.,

Confidentiality 52

Confidentiality Invention Litigation Patent 52

LexBlog IP

NOVEMBER 30, 2023

Information governance and data retention have been important topics in the corporate world for years. Implement Data Preservation Procedures: Your Information Governance Policy should outline specific procedures that allow retrieval of archived data when required for litigation or audit purposes.

Government 40

Government Privacy Technology Blogging 40

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. Virgin Media Confirms Subscriber Data Handover.

Settlement 98

Settlement Copyright IP Reporting 98

Patently-O

OCTOBER 5, 2021

Neapco Holdings LLC, 966 F.3d Neapco Holdings LLC, No. and foreign patents you hold; the number of patents you have licensed or sold; and the number of patent cases you have been involved in since the Supreme Court’s decision in Bilski in 2010. Topics for Public Comment. patent enforcement and litigation; c.

Patent 102

Patent Intellectual Property Invention Inventor 102

IPilogue

DECEMBER 13, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. This area of law has yet to be extensively litigated in Canada, however our international counterparts have grappled with the intersection of facial makeup and copyrights with varying degrees of fixation required. 1] at para 16. [2]

Social Media 111

Social Media Intellectual Property Copyright Designs 111

SpicyIP

JANUARY 20, 2024

Moreover, as the 1987 report notes, IP litigation was very limited at that time, except for trademark law. which regarded protecting IP as less important (through litigation cost) than serving other needs (?), the larger legal consciousness that made people see IP litigations unworthy of much attention? Anything else?)

Government 112

Government IP Intellectual Property Reporting 112

Patently-O

FEBRUARY 24, 2022

Neapco Holdings LLC, et al. , The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. Patreon, Inc., 2022)(forthcoming).

Patent Law 95

Patent Law Law Patent Litigation 95

Technology & Marketing Law Blog

AUGUST 14, 2022

This retweet will surely be a key topic in CNN’s deposition of Jack. Oddly, this issue wasn’t properly litigated in this motion because CNN raised it too late in briefing. 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

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

Bio Law Blog

NOVEMBER 15, 2021

The ChromaDex litigation goes back to September 2018, when ChromaDex filed an action alleging infringement by Elysium’s dietary supplement BASIS® that includes NR. Patent Nos. Both ChromaDex and Elysium market their products as anti-aging supplements, touted as the “Fountain of Youth.” § 101.

Patent 52

Patent Invention Litigation Contracts 52

43(B)log

APRIL 19, 2021

From the site: 2020-2021 TOPIC Students are invited to submit papers addressing a legal or public policy question relating to emerging and sustained challenges to legal and political structures created by online platforms, digital services, and other emerging technologies. Void where prohibited by law.

Technology 40

Technology Law Journalism Government 40

Technology & Marketing Law Blog

MAY 2, 2022

Yet, the dispute is still very heavily litigated in the district court (while the Ninth Circuit was mulling over its ruling in light of Van Buren ). This makes me wonder whether the lawyers for hiQ are handling it on an hourly basis (something hiQ surely cannot afford at this point) or if a litigation funder or other benefactor is involved.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

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

Invention 57

Invention Copying Licensing Art 57

Technology & Marketing Law Blog

AUGUST 2, 2022

Holding Manufacturers Liable for Addiction. This bill would hold platforms liable for addicting their customers–a very, very rare liability allocation in our legal system. One possible answer is to hold all of the casinos liable. However, that highlights the bill’s deceptive messaging. This bill does the same.

Social Media 85

Social Media Privacy Designs Design 85

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?) My favorite part of this litigation is the mock-up created by folks at the USPTO of Gil Hyatt applying the “Submarine Prosecution Chokehold.”

Patent Law 125

Patent Law Law Patent Invention 125

43(B)log

JUNE 29, 2023

Litigation indicates: it isn’t more efficient than standard competition or sector-specific regulation; it just reflects that there wasn’t enough information about what they were regulating. Might be broken down by topic. Justin Hughes: Some topics here are premature, others old hat (trusted flaggers). That would be clear-cut.

Law 52

Law Privacy Litigation Social Media 52

Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. Lllllllet’s get ready to litigate! 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.

Fair Use 85

Fair Use Licensing Ownership Copying 85

LexBlog IP

SEPTEMBER 9, 2022

The notice reminds practitioners, “The USPTO hold those individual subject to this duty [of disclosure] to the highest standards. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. Who Has a Duty to Disclose.

Government 52

Government Intellectual Property Marketing Marketing 52

SpicyIP

MARCH 30, 2023

Dabur, who is no stranger to product disparagement litigations, (see here , here and here ) approached the Calcutta High Court, alleging disparagement. Though this case was passed by another court and thus holds a mere persuasive value, Calcutta High Court’s order clearly lacked due process and the elements of fairness and justice.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

43(B)log

FEBRUARY 16, 2024

The court there was deciding the extent of the Lanham Act’s extraterritorial application, but in the course of their reasoning, several opinions said things about standard trademark use, some of which were embarrassing but at least one majority holding of which has potentially broad implications especially in interaction with Jack Daniel’s.

Trademark 59

Trademark Fair Use Registration False Advertising 59

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Read Anupriya’s excellent post here.

Trademark 59

Trademark Publishing Journalism Copyright 59

The IPKat

DECEMBER 29, 2023

Findings on specific issues and topics Data regarding the stack Data regarding the stack could not be obtained directly from ETSI. Was there hold up, hold out, and/or an abuse of dominance? Hold out and hold up is intrinsic to any hard commercial negotiation for a licence ([366]). They are undesirable ([370]).

Patent 78

Patent Litigation Marketing Marketing 78

The IPKat

JULY 5, 2021

Eeva Hakoranta also mentioned the idea of “hold out”, saying there are cases where licensors have reached out to offer licences over a long period (seven years in one case she mentioned), without receiving a response from the manufacturer/alleged infringer. That might have made it difficult for the CJEU to answer the second question referred.

Licensing 52

Licensing Settlement IP Social Media 52

Intellectual Property Law Blog

AUGUST 10, 2023

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

IP Litigation Patent Law 130

Biswajit Sarkar Copyright Blog

MAY 7, 2021

After its approval, the encrypted data would move onto a blockchain that would update the distributed ledger which various entities were holding and would potentially require it. The system allowed the certificate issuer to match user credentials with a specific certificate digitally.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

After its approval, the encrypted data would move onto a blockchain that would update the distributed ledger which various entities were holding and would potentially require it. The system allowed the certificate issuer to match user credentials with a specific certificate digitally.

Technology 52

Technology Patent IP Invention 52