43(B)log

SEPTEMBER 6, 2021

Plaintiff argued that it should have been able to use the testimony of its principal, but even during deposition, plaintiff’s counsel stated that he “was not [there] to talk about causation and damages” and objected to questions directed to him about damages, declaring that this topic would be exclusively “within the scope of expert opinion.”

False Advertising 69

False Advertising Advertising Advertising Trademark 69

LexBlog IP

FEBRUARY 10, 2022

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. Sarepta Therapeutics, Inc.,

Confidentiality 52

Confidentiality Invention Litigation Patent 52

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 59

Invention Copying Licensing Art 59

Patently-O

SEPTEMBER 7, 2022

Later, those two companies formed an official partnership to develop a C3-binding protein (the same topic for which Amyndas had shared data). Zealand’s patent applications also published relating to the same topic. On remand in the US litigation, the case is still pending against Zealand US and Alexion.

Music 58

Music Contracts Confidentiality Litigation 58

LexBlog IP

AUGUST 28, 2023

This topic was recently previewed in Realtime Data v. I respectfully dissent, and would remand for determination of validity under § 112. I would remand for a determination of validity under § 112 and, if applicable, §§ 102 and 103.” Array Networks in a dissenting opinion by Judge Newman. ” Id.

Invention 52

Invention Patent Application Art Patent 52

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! On the above grounds, the Court remanded the matter back to the respondent for fresh considerations. Do let us know your thoughts on these mini-guides in the comments below!

Invention 59

Invention Trademark IP Patent 59

Technology & Marketing Law Blog

MAY 2, 2022

On remand, the Ninth Circuit again says that hiQ is entitled to injunctive relief, because LinkedIn’s claims under the CFAA don’t neutralize hiQ’s colorable tortious interference claims against LinkedIn. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. Comments from Kieran McCarthy.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Technology & Marketing Law Blog

JANUARY 9, 2024

Google–which remains in limbo after the Supreme Court’s remand of that case, and (3) Justice Thomas’ DISSENT to cert denial in the Malwarebytes v. ” OK, if the judge is going to disregard the extensive precedent on this topic, the judge surely has a clever new solution, right? Rosenthal…?) (2)

Publishing 74

Publishing Designs Design Law 74

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

10] Similarly, a new final written decision issued on remand from the director is eligible for another round of director review.[11]. Thus far, director review is shaping up to be a rarely and conservatively granted remedy, even more so than reversal or remand at the Federal Circuit. 2020) (vacating and remanding). [26]

Patent 52

Patent Art Technology Law 52

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? I tried to teach the topic in my Fall Internet Law course and left the students with so many unanswered questions that they loudly complained that they didn’t understand the state of the law. (In Instead of asserting copyright and trademark claims, they tried trespass to chattels.

Copying 74

Copying Ownership Derivative Work Contracts 74

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. In remanding the case, the court indicated that injunctive relief may still be appropriate, if specific examples are provided with regard to the trade secrets. There have been some noteworthy recent decisions in trade secrets law.

Law 59

Law Confidentiality Designs Design 59

SpicyIP

JULY 11, 2021

Topical Highlight. Trac Entertainment Pvt Ltd quashed an interim order in an suit relating to the copyright in two music videos, ‘Pyar Ko Na Kaho’ and ‘Lutti Heer’ as the Appellant had been denied the opportunity to file a reply and contest the application, and remanded the matter back to the Single Judge to decide [3 July 2021].

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Technology & Marketing Law Blog

AUGUST 30, 2021

The resolution of this issue depends on various unanswered factual questions …” Accordingly, the Ninth Circuit vacated the district court’s ruling on Pandora’s anti-SLAPP motion and remanded the case to the district court. On remand, the district court again rejected Pandora’s anti-SLAPP motion. 569 (9th Cir.

Blogging 83

Blogging Copyright Settlement Music 83

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

I’m dreading when any Section 230 case goes to the Supreme Court because Justice Thomas will feel free to mess up Section 230 jurisprudence, even on topics not properly before the court. Hepp Should Still Lose on Remand. “Intellectual Property” Is Inherently Ambiguous. Hepp should still lose her case on the merits.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

Technology & Marketing Law Blog

MAY 25, 2022

Some of these provisions may not survive on remand, however. The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Nevertheless, the panel says that the plaintiffs can still make a showing on remand that this requirement is unduly burdensome.

Social Media 97

Social Media Law Blogging Publishing 97

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. In perhaps the most famous trade secret case, Compulife Software, Inc. Newman , the U.S.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. On appeal, the Second Circuit reversed and remanded, holding that “the Prince Series works are substantially similar to the Goldsmith Photograph as a matter of law,” and that “the Prince Series works are not fair use as a matter of law.” In the first, Sony Corp. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Similarly, a new final written decision issued on remand from the Director is eligible for another round of Director review. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. Institution Reviewability.

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

MARCH 12, 2023

However, that question does not guarantee federal subject matter jurisdiction, as the defendants learned in a decision remanding an ownership dispute removed to federal court back to state court. Disputes over inventorship are not confined to patent cases and often arise in trade secrets cases too. In Calvary Indus., Winters , U.S.

Blogging 52

Blogging Litigation Ownership Reporting 52

LexBlog IP

JANUARY 23, 2024

The USPTO is now committed to providing clarity on these topics in In re Xencor. Today, the CAFC ordered ( here ) a remand of this appeal back to the USPTO at the request of the Solicitor. Perhaps the Board was attempting to argue that the preamble itself is incomplete as the invention is focused only on efficacy.

Invention 52

Invention Art Law Technology 52

Technology & Marketing Law Blog

AUGUST 12, 2022

For example, the fourth meme references government spending priorities, and that’s a major social topic. However, I cannot get over how Hernandez engaged in these topics in a blatantly anti-Muslim fashion. The district court held that Hernandez’s posts didn’t address matters of public concern.

Social Media 52

Social Media Privacy Blogging Law 52

Technology & Marketing Law Blog

JANUARY 28, 2022

While it affirms the district court’s order, it remands with respect to the issue of who gets to control the social media accounts while the litigation is pending. Our first post on this topic, blogging the dispute over the @OMGFacts Twitter account , was over ten years ago!)

Social Media 89

Social Media Ownership Contracts Privacy 89

Patently-O

DECEMBER 12, 2021

Nonetheless, the bar is a content-based restriction because “its reach is defined simply by the topic (subject matter) of the covered speech” [8] – here, the topic being the famous person in question. Rather, the PTO bars registration whether the mark praises, criticizes, ridicules, parodies, or is neutral toward the famous person.

Registration 69

Registration Government Advertising Advertising 69