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?): 1 Case; Procedure / Standing: 6 Cases; Eligibility ( AmAxle Redux): 3 Cases; and. Summary Judgment standard in Hyatt v. USPTO , No.

Patent Law 125

Patent Law Law Patent Invention 125

IP and Legal Filings

FEBRUARY 12, 2023

It is a longstanding topic of debate in economic and legal circles: Hot to marry the innovative bride and the competition groom?” [i] The protection of those standards and procedures that enable the efficient functioning of markets is the hallmark of competition law.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

43(B)log

JUNE 29, 2023

GDPR has become a gold standard but how much do we know about whether it’s enforced or whether it makes any difference in people’s actual level of privacy? US pushes to provide alternative standards—crossborder privacy regulation as an alternative. Might be broken down by topic. Federal/state/local overlaps also affect this.

Law 52

Law Privacy Litigation Social Media 52

43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Assembled in US: product is last substantially transformed in the US, its principal assembly takes place in the US, and US assembly operations are substantial. French exists outside Quebec.

Advertising 40

Advertising Advertising Law Privacy 40

Velocity of Content

MARCH 31, 2022

This segment from the television show came to mind again for me recently when I sat myself down to a short course of study about various standards, forcing me to think about the whole topic in a more detailed and organized way than I previously had occasion to do. You know, vexillology; Old Glory, the Union Jack and all that.

Television 97

Television Journalism Publishing Licensing 97

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. On appeal, plaintiff argued that the district court did not correctly apply the plausibility standard under the DTSA. There have been some noteworthy recent decisions in trade secrets law. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d Monsanto Co.

Law 59

Law Confidentiality Designs Design 59

Copyright Lately

OCTOBER 24, 2022

The desire to avoid litigation at all costs has helped to create a “clearance culture” in which the standard operating procedure is for content creators to obtain a license (often at substantial expense) for every use of copyrighted material appearing in a production, regardless of whether permission is legally required.

Artwork 87

Artwork Copyright Infringement Copyright Art 87

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

That legal standard could devastate social media usage in Australia. I don’t know the unique dynamics and procedures of this court, so I don’t know what backstories might underlie this opinion. Note: standard homeowners/rental insurance policies may provide coverage for defamation liability.].

Publishing 97

Publishing Social Media Blogging Law 97

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

The director’s de novo review yields no deference to the board’s decision, a notable distinction from the rehearing procedure, which is limited to issues “the Board misapprehended or overlooked.”[5]. Likewise, as with rehearing, the interim procedures do not reserve briefing for the nonrequesting party.

Patent 52

Patent Art Technology Law 52

LexBlog IP

NOVEMBER 8, 2023

As addressed in this case, if an application for determination concerns a use that has already been carried out, it would be a final determination, which has to be made by a competent regular court (excluding the procedure of injunctive measures). the award of the equitable remuneration).

Music 52

Music Related Rights Law Contracts 52

LexBlog IP

APRIL 3, 2023

This decision “endeavour[ed]” to “achieve harmonisation of basic principles of law” with other international standards and foreign decisions while taking into account differences among the national laws of different countries. The decision generally may be viewed as favorable to SEP owners.

Licensing 52

Licensing Technology Intellectual Property Patent 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

Kluwer Copyright Blog

NOVEMBER 29, 2021

Similarly, since hosting platforms have already been subject to detailed rules under the E-commerce Act regarding notice-and-take-down and complaint-and-redress mechanisms, as well as the prohibition of general monitoring obligations, OCSSPs will not necessarily need to amend their procedural settings to comply with the new regime.

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

LexBlog IP

SEPTEMBER 29, 2022

Applying those standards, the Ardargh Court rejected that registration, holding that such a sound patter “cannot be registered as a trade mark in respect of various drinks and for metal containers for storage or transport, in so far as it is not distinctive.” ”; see also ILN Today, July 15, 2021.

Trademark 52

Trademark Registration Music Intellectual Property 52

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. The court’s application of its legal standards reinforces how hard it will be for plaintiffs to find a way around this.

Social Media 137

Social Media Law Fair Use Blogging 137

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

NOVEMBER 8, 2021

In this context, those mandates can take many forms, including mandatory disclosures of editorial policies, mandatory explanations of decisions, and publication of statistics about editorial operations (what is often called “transparency reports”). See my RightsCon talk on this topic.

Government 118

Government Publishing Privacy Reporting 118

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

“the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. Also, note that the judge is basically instructing Internet services how they should have run their editorial operations (i.e., prescreening > post-publication curation).

Social Media 137

Social Media Publishing Law Blogging 137

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. High procedural costs in time and money, insufficient remedies. A: TRIPS requires minimum standards, and China complied long ago. Relationship to rules v.

IP 59

IP Marketing Marketing Patent 59