Bio Law Blog

NOVEMBER 15, 2021

District Court for the District of Delaware granted Elysium’s motion for summary judgment that two ChromaDex formulation patents were directed to patent-ineligible subject matter under 35 U.S.C. § Two weeks before trial, the district court granted Elysium’s motion for summary judgment under Section 101.

Patent 52

Patent Invention Litigation Contracts 52

IPilogue

DECEMBER 10, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. If you’re understandably confused by the myriad of copyright laws surrounding this issue, this summary published by Cornell University may be helpful. Background. In 1949, C.W. Scott-Giles created an illustration called Upper Hell.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

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?) by Dennis Crouch. It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. American Axle (cert denied).

Patent Law 126

Patent Law Law Patent Invention 126

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. § FMC used the District Court’s claim construction as the basis for a motion for summary judgment of noninfringement, which OneSubsea opposed.

IP 130

IP Litigation Patent Law 130

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. With that complex procedural detour, we turn to the summary judgment decision. Background. The Decision.

Litigation 52

Litigation Advertising Advertising Reporting 52

LexBlog IP

JANUARY 3, 2022

District Court for the District of Florida, a healthcare product manufacturer’s claim of trade secret misappropriation against a competitor and a customer was thrown out on summary judgement. In a recent decision from the U.S. at *4-6, 15. § 1836 et seq. (“DTSA”), and asserted other related claims. at *40, 42, 43, 50.

Branding 52

Branding Brands Branding Confidentiality 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Assessing Misappropriation on Summary Judgment. There have been some noteworthy recent decisions in trade secrets law. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

MAY 2, 2022

It also sidesteps the dispute regarding whether hiQ is still in business. Irreparable Harm / Balance of Equities : The court confirms that no viable alternative data sources exist for hiQ. 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 ).

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

LexBlog IP

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. § ” FMC used the District Court’s claim construction as the basis for a motion for summary judgment of noninfringement, which OneSubsea opposed. .”

IP 52

IP Litigation Patent Law 52

LexBlog IP

AUGUST 31, 2021

Our prior post reviewed the background of this case and district court’s decision (see May 25, 2019 post), and we also provide a background summary below. As always, we recommend that you review the decision yourself. HTC did not object to that instruction, but did proffer eleven additional instructions for the jury.

Licensing 52

Licensing Contracts Law Patent Law 52

TorrentFreak

NOVEMBER 27, 2022

For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. He asked for the complaint to be dismissed with prejudice, judgment to be entered in his favor, plus an order for costs and attorneys’ fees incurred to date. Triller Lawsuit – June 2021.

Copyright Infringement 122

Copyright Infringement Copyright Settlement Reporting 122

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

For more information about any topic herein, please see our October 20, 2020 webinar, “ IP and Cannabis: The Current Landscape ,” or contact your Fish attorney. iii] This tension between state and federal law presents obstacles for cannabis entrepreneurs. FDA Regulation. FDA Regulation. But making non-cosmetic claims for the product (e.g.,

IP 52

IP Registration Trademark Branding 52

TorrentFreak

JULY 13, 2022

Most recently, both sides requested summary judgments , hoping to start the trial with an advantage. These motions in limine can offer an interesting insight into the biases and framing both camps expect during the trial. Internet terminations are not the only topic of concern. No Human Rights Mentions.

Music 141

Music Contracts Copyright Infringement Copying 141

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. As currently worded, the transparency obligation to “document and make publicly available a summary of the use of training data protected under copyright law” is impossible to comply with. Introduction Generative AI is one of the hot topics in copyright law today.

Copyright 138

Copyright Fair Use Copyright Law Law 138

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. It’s nice to see the judge distinguish erroneous and bad-faith applications of content moderation policies, especially on a motion to dismiss. Berenson sued Twitter. Section 230.

Social Media 105

Social Media Contracts Government Publishing 105

LexBlog IP

NOVEMBER 11, 2022

Isaiah Weedn has a good summary of the case in Sheppard Mullin’s Trade Secrets Law Blog. Federal courts continue to grapple with the importance of circumstantial evidence to demonstrate misappropriation at the summary judgment stage. million verdict against Ford Motor Co. The jury awarded $22.39 Ford plans to appeal.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

43(B)log

NOVEMBER 9, 2023

1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of treatment of addiction and intoxication for decades.” One of Gust’s students was Daily, the founder of defendant RHCS (now owned by Sierra); when he passed away, his wife—also a defendant—took over.

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

FEBRUARY 4, 2023

Naama Daniel, Lost in Transit – How Enforcement of Foreign Copyright Judgments Undermines the Right to Research Copyright is territorial, but the internet is not; different scopes of protection. Heated debate on countries about enforceability of IP judgments; kept out of int’l convention. Contract instead of ©? Micropayments?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Technology & Marketing Law Blog

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss. [My Quick Links publication process is broken. Savoy, 2021 N.C. LEXIS 236 (N.C. Superior Ct.

Publishing 84

Publishing Law Marketing Marketing 84

Technology & Marketing Law Blog

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

Fair Use 94

Fair Use Derivative Work Blogging Licensing 94

Technology & Marketing Law Blog

APRIL 27, 2022

Mostly, the judge accepts the R&R with only minor deviations favorable to Craigslist, ending some of the lawsuit and leaving plenty of topics for further proceedings. ” Most of the topics addressed in this ruling will eventually make it to the Ninth Circuit, either in this case or one of the others pending in the court system. .”

Blogging 103

Blogging Law Publishing Editing 103

Technology & Marketing Law Blog

AUGUST 15, 2022

The lower court denied Huffington Post’s Section 230-based motion to dismiss and summary judgment motion. The ruling I’m blogging today involves Huffington Post’s alleged liability for Riben’s stories posted to HuffPost’s “Voices” (contributor) section. The court disagrees.

Publishing 101

Publishing Privacy Blogging Intellectual Property Law 101

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. Here they are: Noteworthy Defend Trade Secrets Act Cases, Federal Trade Secrets Opinions and Related Commentary: Who would have thought a case about broccoli seeds could sprout so many interesting legal issues? Certainly not me.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Several other companies have also announced plans to pursue interchangeable status for biosimilar products. For example, Amgen recently announced that it has Phase 3 studies under way to support interchangeability status for its adalimumab and ustekinumab biosimilars, Amjevita ™ and ABP 654, respectively. Zarxio ® (Sandoz). Neupogen ® (Amgen).

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. Note: this is the most detailed case summary in this post because I wrote it first and then the subsequent rulings kept coming so fast that this got stuck in my draft folder for months.]. For more background, read my primer about FOSTA and 230. THE MINDGEEK LITIGATION.

Blogging 118

Blogging Reporting Publishing Law 118

43(B)log

OCTOBER 13, 2021

Although the motion to dismiss was far better argued than the average Trump filing, it still failed—in the process signaling that the effects of Warhol may not be limited to visual art, as many had hoped. Fair use can rarely be decided on a motion to dismiss, the court said, and this wasn’t one of those cases.

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