Patently-O

FEBRUARY 24, 2022

The statute indicates that any party to an IPR final-written-decision has a right to appeal. The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. 35 U.S.C. § Genentech, Inc. ,

Patent Law 95

Patent Law Law Patent Litigation 95

Technology & Marketing Law Blog

NOVEMBER 29, 2021

It exposes those platforms to the exact liability that Congress protected against in enacting Section 230. And it both regulates how the targeted websites disseminate speech to and from users around the globe—regardless of their connection to Texas… H.B. It could be as early as later this week. Texas AG’s response brief.

Social Media 111

Social Media Law Television Reporting 111

LexBlog IP

OCTOBER 13, 2021

Further, according to article 8(2) of Law 4481/2017, a CMO may exist under the form of a public limited company (SA), but all of its shares must be mandatorily registered. In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. Legal forms of CMOs. to be organised on a non-profit basis.

Related Rights 98

Related Rights Licensing Law Copyright 98

Intepat

OCTOBER 17, 2023

Notably, this featured recurrent discussions revolving around Intellectual Property (“IP”), underscoring the importance of the area in rising economies. This blog serves as an informative guide, shedding light on the deliberations that took place during the Summit and their prospective impact on the IP framework. What is G20?

IP 52

IP Intellectual Property Blogging Privacy 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. When we launched the Copyright Evidence Portal , our ambition was no less than to create a catalogue of all existing empirical studies about copyright.

Copyright 52

Copyright Public Domain Marketing Marketing 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?) by Dennis Crouch. It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term.

Patent Law 126

Patent Law Law Patent Invention 126

43(B)log

FEBRUARY 16, 2024

And here there is a very clear statement in the statute of that zone of interests, which most relevantly includes “to regulate commerce … by making actionable the deceptive and misleading use of marks in … commerce; …; to protect persons engaged in … commerce against unfair competition.” Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

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] This is achieved through an exclusion order , which is typically “limited”, i.e. , applying only to the named respondent. [6]

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

43(B)log

JULY 20, 2023

Here, the court excluded/limited Nepute’s proposed experts, denied partial summary judgment to Nepute, and granted partial summary judgment to the US on a few issues, including whether the challenged materials were ads. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D.

Government 52

Government Advertising Advertising Social Media 52

Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. Does that create statute of limitations problems?). I hope it’s not. * * *. The Court Opinion. Sifuentes got a Dropbox account in 2011. Why so long?

Contracts 107

Contracts Blogging Business Law 107

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Before reading this post, read my new article, Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules. It explains why must-carry laws, including part of the Florida law, would accelerate the end of user-generated content. This is why I get so angry about anyone supporting these laws.

Social Media 99

Social Media Government Blogging Publishing 99

IP and Legal Filings

FEBRUARY 26, 2023

This code not only covers the organized sector of the Indian Economy, but also fends for the unorganized sector, gig workers as well as platform workers; thereby expanding its scope to almost every contributor of the Gross National Product.

Government 82

Government Journalism Law IP 82

IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. The exclusivity of exploitation is key to the success of a limited-edition collectible. The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

TorrentFreak

MAY 16, 2022

After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. After researching thousands of DMCA notices and reporting on hundreds of copyright lawsuits, more often than not it takes just a few seconds or minutes to broadly establish the purpose of any action.

Fair Use 121

Fair Use Copyright Litigation Music 121

Trading Secrets

DECEMBER 21, 2021

The FTC is exploring whether it has the authority to ban or limit the use of non-competes in the employment setting. Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today.

Confidentiality 69

Confidentiality Law Contracts Business 69

43(B)log

MARCH 25, 2024

R J Reynolds Tobacco Co. Food & Drug Admin., 2024 WL 1208111, F.4th 23-40076 (5 th Cir. 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge.

Advertising 64

Advertising Advertising Social Media Government 64

LexBlog IP

DECEMBER 21, 2021

The FTC is exploring whether it has the authority to ban or limit the use of non-competes in the employment setting. Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today.

Confidentiality 52

Confidentiality Law Contracts Business 52

LexBlog IP

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. The exclusivity of exploitation is key to the success of a limited-edition collectible. Applicable IP Rights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The 1710 Statute of Anne, an act of the British Parliament, established copyright legislation to replace the Stationers’ Company’s system of private licensing. The Statute of Anne did not allow for the legal unsanctioned use of copyrighted material. It allows people a positive defense against the infringement of copyright.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Technology & Marketing Law Blog

MAY 2, 2022

In its original Nosal ruling, the Ninth Circuit held that violation of a contractual limitation could not transform access into access that was “without authorization”. LinkedIn lawsuit started in 2017. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so.

Trademark 60

Trademark Law Registering Trademarks Branding 60

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so.

Trademark 57

Trademark Law Registering Trademarks Branding 57

43(B)log

APRIL 12, 2024

The court of appeals reduced the penalty for violations outside the FAL’s statute of limitations (a decrease of under $1 million), but approved of the trial court’s general approach to calculating damages, including its use of sampling and its consideration of solicitations from California to out-of-state prospective students.

False Advertising 59

False Advertising Law Reporting Marketing 59

43(B)log

FEBRUARY 24, 2021

Certain practices are limited: unilateral changes of material elements like price. New bill: regulating online programmers like Netflix, though UGC will be excluded (but might be included if commissioned for or developed by the service). Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., back and spinal pain). But that’s not relevant to the lost profits argument, which is part of causation.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

OCTOBER 16, 2023

Instead, the court explains why some other specific provisions are speech restrictions: “restrictions on “collecting, selling, sharing, or retaining any personal information” for most purposes limit the “availability and use” of information by certain speakers and for certain purposes and thus regulate protected speech” (cleaned up).

Designs 78

Designs Design Privacy Business 78

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. 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 3d 892 (3d Cir. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59

SpicyIP

AUGUST 28, 2022

see 2021’s draft on Permitted Uses and its notes ), at the international level they are called/negotiated/lobbied as limitations or/and exceptions (L&Es) (e.g. see 2021’s draft on Permitted Uses and its notes ), at the international level they are called/negotiated/lobbied as limitations or/and exceptions (L&Es) (e.g.

IP 138

IP Copyright Fair Use Public Domain 138

Technology & Marketing Law Blog

JUNE 27, 2022

Third, this bill reaches topics well beyond children’s privacy. Instead, the bill repeatedly implicates general consumer protection concerns and, most troublingly, content moderation topics. I’m continuing my coverage of dangerous Internet bills in the California legislature. NO ONE WANTS THIS. Bye bye casual browsing.

Privacy 137

Privacy Designs Design Business 137

Technology & Marketing Law Blog

JUNE 20, 2023

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. Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No. 21-869 (May 18, 2023).

Fair Use 94

Fair Use Derivative Work Blogging Licensing 94

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 Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law. Supreme Court [FN]. Taamneh and Gonzalez v.

Social Media 136

Social Media Law Fair Use Blogging 136

Technology & Marketing Law Blog

AUGUST 30, 2021

Last week, the U.S. Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 82

Blogging Copyright Settlement Music 82

Technology & Marketing Law Blog

JANUARY 9, 2024

The plaintiffs are parents of Snapchat users who purchased fentanyl from other Snapchat users and suffered overdoses. They sued Snapchat for a wide ranges of tort claims. To get around the clear Section 230 barrier to those claims, the plaintiffs attempted the now-standard Lemmon v. ”) as a defective product. ”) as a defective product.

Publishing 74

Publishing Designs Design Law 74

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? This case is an old-school turn-of-the-century throwback (and not the good kind). Google’s search app framed the web pages users visit, and the frame included ads. The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases.

Copying 73

Copying Ownership Derivative Work Contracts 73

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. Image from here. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JANUARY 9, 2023

After an eventful first week of the year, we bring out quick summaries of the 6 blogposts we carried, along with 10 cases and other national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Highlights of the Week.

Trademark 105

Trademark IP Registration Reporting 105

Velocity of Content

MARCH 22, 2023

In the ordinary case, that amendment to the US copyright statute extended terms to life-plus-70 years. The “simple version” of the effect of the Copyright Term Extension Act of 1998 , which is the one I’ve generally gone with, is as follows: Copyright terms for US works were extended by 20 years. Building on others’ initial work, Prof.

Copyright 98

Copyright Publishing Social Media Artistic Work 98