LexBlog IP

AUGUST 26, 2022

And the regulators and watchdogs are already thinking about how we can protect the kids when they venture not outside in the real world but inside to the parallel online metaverse. We are not quite at the Matrix moment of a red pill/blue pill choice yet, but we are moving closer every day to the possibility of a fully immersive virtual world.

Advertising 52

Advertising Advertising Social Media Branding 52

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 claims require a “binding element” to bind T-cells to cancer cells. Mylan Pharmaceuticals Inc. ,

Patent Law 125

Patent Law Law Patent Invention 125

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The drafter claiming copyright rarely writes the document from scratch, and an overreaching copyright claim in that document could lead to an expensive fee shift.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

Patently-O

FEBRUARY 24, 2022

Intel’s IPR petition was denied under the NHK-Fintiv Rule that permits the PTAB to deny institution of otherwise sufficient IPRs based upon the existence of ongoing parallel litigation involving the same patent and parties. VLSI Tech , also focuses on IPR standing, albeit in somewhat different posture. Alice Step 1). 2022)(forthcoming).

Patent Law 95

Patent Law Law Patent Litigation 95

IP and Legal Filings

JANUARY 29, 2023

However, the question of who owns the rights to these creations has been a topic of debate for some time. Delving into the parallel creation model, proposed for machinima, it is proposed that it should be based on collaborative creation and no exclusionary ownership.

Copyright 74

Copyright Ownership Publishing Copyright Infringement 74

The IPKat

JULY 30, 2021

This claim is excluded insofar as, in light of the special circumstances of the specific case and the principles of good faith, it would cause the infringer or third parties disproportionate hardship, not warranted by the right to exclude. This does not affect the damages claim laid down in paragraph 2. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., 1] (On the topic of AI outputs and derivative works, see here.). folk-rnn , Melomics ).

Music 67

Music Copyright Derivative Work Ownership 67

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] Differences from Patent Infringement Claims at the ITC. Differences from District Court Trade Secret Claims.

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

The IPKat

NOVEMBER 27, 2023

The claimant successfully claimed infringement and the invalidity of the defendant’s registrations before HHJ Melissa Clarke sitting in the IPEC. Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ).

Editing 70

Editing Registration Branding Brands 70

TorrentFreak

MAY 16, 2022

After three years of legal dispute in that matter, in 2021 Watch Tower filed a parallel copyright infringement lawsuit against McFree for the same alleged infringements. After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. Something didn’t sit right.

Fair Use 121

Fair Use Copyright Litigation Music 121

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. For example- Zhong An, a Chinese Insurance Company functions on various innovative blockchain technologies.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. For example- Zhong An, a Chinese Insurance Company functions on various innovative blockchain technologies.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. For example- Zhong An, a Chinese Insurance Company functions on various innovative blockchain technologies.

Technology 52

Technology Patent IP Invention 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. § 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

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? Instead of asserting copyright and trademark claims, they tried trespass to chattels. California law requires that the property interest be “well-defined” and “like staking a claim to a plot of land at the title office.” Why is this so hard???

Copying 74

Copying Ownership Derivative Work Contracts 74

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

A party cannot request both Director review and panel rehearing of a final written decision, neither in parallel nor in series. In its preliminary response to the petition, Masimo argued for discretionary denial of institution under Fintiv based on the parallel district court proceeding. Paper 12 at 15). Paper 12 at 17).

Reporting 52

Reporting Art Invention Patent 52

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

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU).

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

A party cannot request both director review and panel rehearing of a final written decision, neither in parallel nor in series.[9] case, the patent owner requested director review following the board’s final written decision finding all challenged claims anticipated or obvious over the prior art.[16] ”[18]. ”[22].

Patent 52

Patent Art Technology Law 52

LexBlog IP

APRIL 3, 2023

This decision addresses many hot topics in licensing SEPs and attempts to harmonize existing decisions in reaching its rulings here.The Court here, for example, discussed the following topics: There is some dispute about whether a FRAND commitment imposes obligations on someone wanting to license an SEP.

Licensing 52

Licensing Technology Intellectual Property Patent 52

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Up to this point, I think the panel’s ruling has been pretty straightforward and obvious, even though it rejects the voluminous pro-censorship FUD directed towards these topics.

Social Media 97

Social Media Law Blogging Publishing 97

SpicyIP

APRIL 21, 2023

The TRIPS waiver, which became a hot topic for debates around multilateralism from October 2020, brought to the forefront the international community’s inaction and paralysis in the face of a global crisis of unprecedented scale. Find more on this here.) are not feasible in an emergency such as the pandemic.

Licensing 143

Licensing IP Technology Law 143

Herbert Smith Freehills

MAY 31, 2022

In parallel, we started to consider surrogacy. This curtailing of information is not just a hot topic across the pond, but also within Europe. If you are from Ohio or perhaps the USA, you know that for some reason although I was only there for four years, I must claim Ohio as part of my DNA. At least in theory.

Music 52

Music Law Contracts Government 52

Herbert Smith Freehills

MAY 31, 2022

In parallel, we started to consider surrogacy. This curtailing of information is not just a hot topic across the pond, but also within Europe. If you are from Ohio or perhaps the USA, you know that for some reason although I was only there for four years, I must claim Ohio as part of my DNA. At least in theory.

Music 52

Music Law Business Contracts 52

Technology & Marketing Law Blog

JANUARY 28, 2022

The court says the three accounts JLM claimed ownership over (Instagram, TikTok, and Pinterest), “especially the Instagram account, are valuable assets.” Our first post on this topic, blogging the dispute over the @OMGFacts Twitter account , was over ten years ago!) This was erroneous.

Social Media 89

Social Media Ownership Contracts Privacy 89

43(B)log

MAY 11, 2021

Google suggestions create the possibility of parallel internets that are invisible to outsiders. Barbara Fister, Gustavus Adolphus College: In practice, students are treated as information consumers who need to be educated to examine claims. Easy-peasy!] Students have trouble getting themselves situated.

Social Media 40

Social Media Privacy Designs Design 40

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Antisuit injunctions: China’s different approach to standard-essential patents, imposing injunctions globally, on all parallel cases. See also: 1201 and 1202!]

IP 59

IP Marketing Marketing Patent 59