TorrentFreak

OCTOBER 7, 2021

After a thorough discovery process, both sides submitted motions for summary judgment at a California federal court a few weeks ago. Although wedding dresses are a relatively niche topic, many of the arguments in this lawsuit also apply to traditional pirate sites, which Cloudflare serves as well.

Copyright 133

Copyright Copyright Infringement Copying IP 133

Copyright Lately

SEPTEMBER 26, 2022

I first wrote about the case two years ago , when District Judge Staci Yandle denied Take-Two’s motion for summary judgment. In that case, a Southern District of New York judge ruled in the defendants’ favor on summary judgment. And no, this one won’t be the second.). Then, last week, the judge went further.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Kluwer Copyright Blog

OCTOBER 5, 2022

The decision comes from the Defendant’s application to strike out the claim (or alternatively to obtain summary judgment) on the basis that the WaterRower cannot be a work of artistic craftsmanship within the meaning of s.4 4 of the Copyright, Designs and Patents Act 1994 (“CDPA”), when considered under either UK or EU copyright law.

Artistic Work 93

Artistic Work Copyright Copyright Law Designs 93

43(B)log

FEBRUARY 15, 2022

Plaintiff’s and defendant’s principals were roommates, which allegedly gave defendants the opportunity to copy despite an oral confidentiality agreement, on which the court denied summary judgment. Summary judgment for Woo. That was the case here. Take that, Second Circuit in 1-800-Contacts!]

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

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. 2021) (summary judgment). The case, Inline Plastics Corp. Lacerta Group, LLC , No.

Invention 59

Invention Copying Licensing Art 59

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. Also summary judgment for the government.

Government 52

Government Advertising Advertising Social Media 52

Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law.

Copyright 142

Copyright Social Media Fair Use Licensing 142

LexBlog IP

SEPTEMBER 15, 2021

AMN moved for summary judgment. In May 2020, the district court granted summary judgment, ruling that the non-solicitation provision was an ancillary restraint that did not unlawfully restrict competition. In December 2015, the parties terminated their relationship. Aya appealed to the Ninth Circuit.

Law 52

Law Marketing Marketing Business 52

Trading Secrets

SEPTEMBER 15, 2021

AMN moved for summary judgment. In May 2020, the district court granted summary judgment, ruling that the non-solicitation provision was an ancillary restraint that did not unlawfully restrict competition. In December 2015, the parties terminated their relationship. Aya appealed to the Ninth Circuit.

Law 52

Law Marketing Marketing Business 52

Bio Law Blog

NOVEMBER 15, 2021

District Court for the District of Delaware granted Elysium’s motion for summary judgment that two ChromaDex formulation patents were directed to patent-ineligible subject matter under 35 U.S.C. § Two weeks before trial, the district court granted Elysium’s motion for summary judgment under Section 101.

Patent 52

Patent Invention Litigation Contracts 52

Patently-O

FEBRUARY 15, 2023

The Federal Circuit weighed in on the amorphous topic of subject matter eligibility in the recent opinion ChromaDex, Inc., Writing for a unanimous panel, Judge Prost affirmed a grant of summary judgment that U.S. He has an extensive background in chemistry and food science. Elysium Health, Inc. , — F.4th

Patent 56

Patent Patent Drafting IP Law 56

The IPKat

AUGUST 4, 2021

The Court cited the position previously taken by the Beijing High People’s Court in another case (Administrative Judgment No. In summary, the Court held that, regarding the disputed sign itself, or in combination with its actual use, there was no ‘adverse effect’ as described in Article 10.1(8) 8) of the TML. While the ‘???’

Intellectual Property 62

Intellectual Property IP Law Registration 62

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?) However, the district court rejected the verdict and instead granted Teva’s motion for judgment as a matter of no infringement. USPTO , No.

Patent Law 126

Patent Law Law Patent Invention 126

43(B)log

APRIL 26, 2022

1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. The court granted summary judgment to MaxRelief. Painaway advertised its products as “Australia’s No.

Television 72

Television Social Media Advertising Advertising 72

Technology & Marketing Law Blog

JANUARY 2, 2023

Topics of conversation ranged from innocuous to serious, encompassing posts about parents discussing their own children, snow days and school closures, the school calendar, criticisms and concerns regarding District employees, and allegations that a District principal threatened a student. This is a default judgment. May 13, 2022).

Trademark 83

Trademark Social Media Registering Trademarks Intellectual Property 83

Technology & Marketing Law Blog

AUGUST 14, 2022

This retweet will surely be a key topic in CNN’s deposition of Jack. I wonder if it will be dispositive come summary judgment. I doubt the judge will be so forgiving when the case reaches summary judgment.

Law 112

Law Social Media Reporting Government 112

IPilogue

DECEMBER 10, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. If you’re understandably confused by the myriad of copyright laws surrounding this issue, this summary published by Cornell University may be helpful. Background. In 1949, C.W. Scott-Giles created an illustration called Upper Hell.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. With that complex procedural detour, we turn to the summary judgment decision. Background. The Decision.

Litigation 52

Litigation Advertising Advertising Reporting 52

LexBlog IP

FEBRUARY 7, 2024

4] Globally, countries are at varying stages in enacting rules governing AI, signalling a range of approaches to the technology’s regulation across jurisdictions. [5] 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7]

Publishing 52

Publishing Government Litigation Inventor 52

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

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. FMC’s accused device].

IP 130

IP Litigation Patent Law 130

LexBlog IP

JANUARY 3, 2022

District Court for the District of Florida, a healthcare product manufacturer’s claim of trade secret misappropriation against a competitor and a customer was thrown out on summary judgement. at *4-6, 15. § 1836 et seq. (“DTSA”), and asserted other related claims. at *40, 42, 43, 50. ” Id. § 1836. ” Id.

Branding 52

Branding Brands Branding Confidentiality 52

IP Whiteboard

APRIL 15, 2021

The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) ). 1] [link]. [2] 2] See [3]. [3] 4] See [170]. [5]

Privacy 40

Privacy Copyright Publishing Law 40

Copyright Lately

AUGUST 22, 2021

Judge Trenga didn’t cite Philpot’s checkered history in his recent summary judgment order. Also, I’m looking for future article topics! Like Richard Liebowitz and Design Basics, Larry Philpot has been labeled a copyright troll by at least one federal court. So, what do you think?

Copyright 89

Copyright Fair Use Settlement Designs 89

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Assessing Misappropriation on Summary Judgment. Accordingly, summary judgment was denied as to plaintiff’s claims for trade secret misappropriation. There have been some noteworthy recent decisions in trade secrets law.

Law 59

Law Confidentiality Designs Design 59

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

The IPKat

JULY 5, 2021

In summary, they concerned, first, whether the patent owner is obliged to offer a licence to component suppliers and, second, how rigidly the CJEU framework in Huawei v ZTE ( Case C-170/13 ) should be applied. The discussion lasted two hours, so it would be impossible to do justice to all the nuances in this summary.

Licensing 52

Licensing Settlement IP Social Media 52

TorrentFreak

NOVEMBER 27, 2022

For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. He asked for the complaint to be dismissed with prejudice, judgment to be entered in his favor, plus an order for costs and attorneys’ fees incurred to date. Triller Lawsuit – June 2021.

Copyright Infringement 120

Copyright Infringement Copyright Settlement Reporting 120

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

For more information about any topic herein, please see our October 20, 2020 webinar, “ IP and Cannabis: The Current Landscape ,” or contact your Fish attorney. Pure Hemp moved for partial summary judgment, arguing that the claims were unpatentable because they were directed to natural phenomena. FDA Regulation.

IP 52

IP Registration Trademark Branding 52

LexBlog IP

AUGUST 31, 2021

Our prior post reviewed the background of this case and district court’s decision (see May 25, 2019 post), and we also provide a background summary below. The Fifth Circuit considered HTC’s challenge to the district court’s declaratory judgment that Ericsson’s licensing offers to HTC were FRAND.

Licensing 52

Licensing Contracts Law Patent Law 52

Technology & Marketing Law Blog

MAY 2, 2022

Contact me if you are willing to teach this topic to my Internet Law students, because today I have no clue how to help them understand the CFAA. Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. As my list of open issues shows, we know very little about the CFAA right now.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. As currently worded, the transparency obligation to “document and make publicly available a summary of the use of training data protected under copyright law” is impossible to comply with. Introduction Generative AI is one of the hot topics in copyright law today.

Copyright 138

Copyright Fair Use Copyright Law Law 138

The IPKat

MAY 31, 2022

TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. In two judgments (Basmati, T-342/20 - which we reported on some time ago - and APE TEES, T-281/21), the General Court found that they are relevant (the cases were decided in October 2021 and March 2022, respectively).

Blogging 76

Blogging Non-Fungible Tokens IP Reporting 76

TorrentFreak

JULY 13, 2022

Most recently, both sides requested summary judgments , hoping to start the trial with an advantage. Internet terminations are not the only topic of concern. Specifically, they alleged that the ISP failed to terminate repeat infringers. These efforts failed and the case is now moving forward.

Music 139

Music Contracts Copyright Infringement Copying 139

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. Case Summaries. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! State Of UP.

Trademark 105

Trademark IP Registration Reporting 105

LexBlog IP

NOVEMBER 11, 2022

Isaiah Weedn has a good summary of the case in Sheppard Mullin’s Trade Secrets Law Blog. Federal courts continue to grapple with the importance of circumstantial evidence to demonstrate misappropriation at the summary judgment stage. Last month, I wrote about a decision out of the U.S.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

43(B)log

FEBRUARY 4, 2023

Naama Daniel, Lost in Transit – How Enforcement of Foreign Copyright Judgments Undermines the Right to Research Copyright is territorial, but the internet is not; different scopes of protection. Heated debate on countries about enforceability of IP judgments; kept out of int’l convention. Should that be possible?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59