Technology & Marketing Law Blog

NOVEMBER 29, 2021

The law goes into effect on December 2 if it’s not enjoined, so a court decision should come in the next few days (this morning, the court is hearing oral arguments). This kind of argumentation is how a government actor disingenuously repackages censorship. My blog post analyzing the law. Amicus Briefs.

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Velocity of Content

AUGUST 9, 2022

Then, the Warhol estate successfully petitioned the Supreme Court to hear an appeal, with oral argument set for October 12. . What is “transformative” has been a hotly debated topic for years. The case is important for several reasons. First, there are not that many Supreme Court cases that address fair use.

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Technology & Marketing Law Blog

JUNE 1, 2022

Appeals on the shadow docket are tricky because of the compressed time frame, the expedited briefing, the lack of oral argument, and the goal of overturning a lower court ruling (the 5th Circuit one-sentence order). The 5-4 vote sounds like a nailbiter, but the fact that the appeal succeeded at all was a minor miracle. ” I agree.

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Nelligan Law

FEBRUARY 28, 2022

For instance, an associate whose first language is not English who has been told that they “don’t sound Canadian” will face a completely different host of pressures in preparing for oral argument than a lawyer whose accent has never been questioned.

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Technology & Marketing Law Blog

FEBRUARY 27, 2024

[I blogged the Supreme Court oral arguments in the NetChoice cases yesterday. The publisher analogy was very much on the Supreme Court justices’ minds in oral argument. This is a topic where anything could happen.] The State is therefore favoring engagement with certain topics, to the exclusion of others.”

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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.

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LexBlog IP

JANUARY 18, 2022

With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge. A downer, to be sure, but also an opportunity to reflect on some legal issues affecting food and wine. Olive Oil and State Pride.

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LexBlog IP

SEPTEMBER 5, 2023

In-Person Hearings Should Not Require the Consent of an Adversary Last week, the PTAB published an updated Oral Hearing Guide ( here ) to reflect current agency practices. The changes include rather mundane clarifications on such topics as public access and demonstrative submission for ex parte hearings.

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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. They tended not to record discussions and to conduct business orally and without documentation. The Judge rejected this argument. Optis had an unwavering commitment to ad valorem rates ([199]).

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LexBlog IP

NOVEMBER 30, 2021

In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. Furthermore, Apple admitted during oral arguments that the operative facts in the case were the same as those in Apple I. Qualcomm Inc. , No 20-1683 (Fed. 10, 2021) (“Apple II”).

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Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. It would have been great to get a pro-230 ruling from the Supreme Court, which seemed likely based on the tenor of oral arguments. So I’m glad we avoided that.

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Technology & Marketing Law Blog

AUGUST 30, 2021

They specifically cited classic pre-1972 sound recordings (including Bing Crosby’s classic 1942 recording of “White Christmas”) in their arguments. The problem with Flo & Eddie’s argument was that it wasn’t completely crazy, except to someone steeped in this history. Finally, it ruled that 17 U.S.C.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

The POP did not schedule an oral hearing. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. The Federal Circuit held that this deprived the patentee of due process, in part because anticipation was not inherent in the petition’s obviousness arguments.

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Copyright Lately

APRIL 19, 2022

More recently, Judge Jackson responded to a number of written copyright-related questions posed during her confirmation hearings, and on the topic of fair use stated her view that the fourth fair use factor (effect of the use upon the potential market) was the most important, citing Harper & Row. Oracle opinion last term. Sonia Sotomayor.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Hospira and Pfizer, in reply, contested Amgen’s positions. (

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The IPKat

NOVEMBER 8, 2023

Don't worry, there's still plenty of Katfood to snack on this week: AI Copyright Lecture Next month, Professor Pablo Fernández Carballo-Calero ( University of Vigo ) will give a lecture on the topic "Artificial intelligence works: towards a new concept of author in the field of Copyright Law?" Details and registration here.

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LexBlog IP

MARCH 24, 2023

The Supreme Court heard oral argument this week in not one, but two trademark cases with huge implications on commercial activity in the U.S. On Tuesday, the Court heard argument in Abitron to decide whether the Lanham Act can extend beyond U.S. These topics were discussed in the context of drunk elephants and dog poop.)

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