The TTABlog

FEBRUARY 8, 2022

The district court denied the motion because no issue was "actually litigated" before the TTAB. The court observed that collateral estoppel applies to issues that have been actually litigated and decided in a prior proceeding. & Sons Edible Oils Limited v. Meenakshi Overseas, LLC , No. 2-14-cv-02961-TLN-CKD (E.D. January 24, 2022).

Litigation 75

Litigation Registration Brands Branding 75

IAM Magazine

AUGUST 17, 2022

While biologics have been officially recognised in Mexican law since 2009, innovators need to be aware of the regulatory regime governing these biotech products.

Litigation 52

Litigation Government Law 52

IAM Magazine

AUGUST 17, 2022

While biologics have been officially recognised in Mexican law since 2009, innovators need to be aware of the regulatory regime governing these biotech products.

Litigation 52

Litigation Government Law 52

Patently-O

JANUARY 17, 2024

418 (2009). Masimo may separately seek infringement damages in parallel Federal Court litigation and has a related ongoing trade secrets lawsuit against Apple seeking almost $2 billion in damages. See Nken v. Holder , 556 U.S. It does not award any money damages and it does not apply to sales of Apple Watch outside of the US.

Marketing 116

Marketing Marketing Cease and Desist Confidentiality 116

Patently-O

OCTOBER 4, 2021

We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).

Art 126

Art Journalism Patent Law Invention 126

The IPKat

JULY 13, 2021

Over to Stibbe for their view from Belgium : "Loyal IPKat readers followed with interest the half-year catch-ups of Dutch , French and German patent litigation. As a result, one of the most significant changes of the last months in the practice of patent litigation was the need to learn how to plead a case wearing a face mask!

Litigation 69

Litigation Law Patent Invention 69

Delaware Intellectual Property Litigation Blog

AUGUST 28, 2021

662, 678 (2009). The merits of Defendant’s arguments concerning claim construction and specific details of how the accused instrumentalities map to each claim element are properly tested at future stages of the litigation (e.g. Iqbal , 556 U.S. summary judgment). A copy of the Memorandum Opinion is attached. .

Copying 89

Copying Patent Litigation Patent Infringement 89

SpicyIP

DECEMBER 26, 2021

The first date of sale in the application was stated to be in 2009, well prior to the application in question, thereby knocking out any possibility of sustaining any claim of a new variety. The order notes that the date in the application is stated to be 2002 in America, but 2009 in India.

Registration 122

Registration Patent Law Litigation IP 122

JD Supra Law

FEBRUARY 17, 2022

Since the first edition of this outline was published in 2009 and the second and third editions were published in 2014 and 2017, Illinois case law addressing the protection of confidential and trade secret information has continued to develop, especially with the advent of the federal Defend Trade Secrets Act of 2016.

Editing 52

Editing Law Confidentiality Litigation 52

IPilogue

DECEMBER 10, 2021

While Bundy’s lawyers are disappointed with the decision, it looks like further litigation is In Bloom. Given the complex set of facts regarding ownership in this case, Bundy will likely need to prove Scott-Giles’ ownership of the illustration in any future litigation, which won’t be easy. and soon Canada). Bundy v Nirvana L.L.C.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

Patently-O

OCTOBER 4, 2021

We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).

Journalism 105

Journalism Art Patent Law Invention 105

Olartemoure Blog

MARCH 31, 2022

Trends in Litigation Against Big Tech. Law 1340 of 2009: established the Superintendencia de Comercio (SIC) as the national competition authority, with the power to hear exclusively administrative investigations for restrictive practices of competition and unfair administrative competition in all sectors of the economy.

Marketing 98

Marketing Marketing Social Media Litigation 98

The IPKat

FEBRUARY 3, 2023

Besides ongoing litigation in multiple jurisdictions, the discussion of the relationship between copyright and content mining will continue – if not increase in intensity – for the foreseeable future. In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead.

Government 141

Government Related Rights Copyright Law 141

Patently-O

JANUARY 25, 2022

” Serious Questions : A preliminary injunction in trade secrecy cases require only a “fair chance of success on the merits or questions serious enough to require litigation.” does not necessarily compel a finding that the information cannot maintain its status as a trade secret for a party in an entirely different field.”

Public Domain 133

Public Domain Patent Application Confidentiality Patent 133

The IPKat

FEBRUARY 20, 2024

7(1)(e)(ii) Regulation No 207/2009 (signs which consist exclusively of the shape, which is necessary to obtain a technical result) in conjunction with Art. CeramTec and Coorstek have also been litigating in the US, Switzerland and Germany. Coorstek’s counterclaim was essentially based on Art.

Art 69

Art Registration Registering Trademarks Intellectual Property 69

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] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

Litigation 40

Litigation Cease and Desist Patent Infringement Intellectual Property 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more.

Litigation 40

Litigation Technology Business Patent 40

LexBlog IP

FEBRUARY 2, 2023

This installment will focus on NPE litigation as a whole, and what to expect in 2023. On balance, there is a mixed bag of indicators that suggest a slight decline in NPE litigation with the same household names leading the charge. The prevailing view is that litigation generally increases during a recession.

Litigation 40

Litigation Patent Troll Settlement Technology 40

The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. Background In 1988, the artefact at issue in the Italian litigation was shown at an exhibition in Cologne (Germany).

Artwork 94

Artwork Moral Rights Art Litigation 94

The IPKat

MARCH 24, 2022

The purpose of the SPC Regulations ( Regulation (EC) No 469/2009 and Regulation (EC) No 1610/96 ) is to compensate patentees for the lengthy process of achieving marketing authorisation for a medicinal or plant product. SPCs are national rights that provide an additional period of protection for a medicinal product protected by a patent.

Registration 83

Registration Reporting Marketing Marketing 83

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Litigation. Background . The Drug and the patent. See here and here ).

Patent 105

Patent Art Patent Prosecution Litigation 105

Patently-O

JULY 16, 2021

662 (2009). ” In this particular case, the district court did not rule on the merits of the of the excuse, but ruled that that the concern had been raised too late in the litigation to be viable. That approach was in place for a number of years and only began to crumble with the Supreme Court’s decision in Bell v.

Patent Infringement 124

Patent Infringement Patent Litigation Copyright 124

LexBlog IP

AUGUST 19, 2022

IHDE is a not-for-profit organization that was launched in 2009 to provide access to patient records for 194 different participating treatment providers. ” IHDE is defending itself in litigation from creditors and the filing is designed to allow it to operate while it works through the litigation and pays its creditors.

Reporting 40

Reporting Litigation Business Designs 40

SpicyIP

OCTOBER 30, 2023

An interim injunction was granted to the plaintiff in 2009 and through the present judgement, the court decreed the suit in favour of the plaintiff. A legal notice had been issued to the defendant on September 27, 2007 and this was subsequently followed by an interim injunction on September 10, 2009.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

LexBlog IP

FEBRUARY 10, 2022

One of the post- AMG predictions about Federal Trade Commission (FTC or Commission) law enforcement is that we will see more administrative litigation. And what are the three matters in administrative litigation? Let’s walk through the FTC administrative litigation process and see what makes it particularly time-consuming.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 52

IP and Legal Filings

JUNE 12, 2023

Vipul Amrutlal Shah (2009) and MRF Limited v. Furthermore, in cases of copyright infringement , a new factor of the timing of filing the complaint, as highlighted in Vinay Vats Case (2019), must also be recognized, since the popularity of the subsequent work can often result in infamous litigations.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

The IPKat

FEBRUARY 11, 2025

Coorstek later withdrew its application and instead filed a counterclaim for invalidation before the French EUTM court, citing Articles 7(1)(e)(ii) [signs which consist exclusively of the shape, which is necessary to obtain a technical result] and 52(1)(b) [application filed in bad faith] of Regulation No 207/2009.

Art 59

Art Patent Registration Intellectual Property 59

The IP Law Blog

OCTOBER 13, 2022

At trial, Alexander testified in 2009, that she contacted WWE’s legal department to negotiate a license for a possible faux tattoo sleeve product depicting her tattoo works. Counsel for Alexander is quoted as saying that Alexander’s win at the trial court could “open the floodgates of litigation) and I think I agree with him.

Fair Use 98

Fair Use Copyright Licensing Copying 98

IP and Legal Filings

DECEMBER 17, 2023

ix] It is essentially a cheap get out of jail free card for companies like Spotify who use copyright litigation and time as a weapon to cede the music label into bowing down. [x] SLATE (Oct 22, 2009, 6:16 PM), [link] [v] Copyright Amendment Act, 1957, §51(1) , No. Author: Harjas Gulati. Magic Mantra Vision, CS (OS) NO.

Copyright Law 96

Copyright Law Copyright Music Law 96

Patently-O

AUGUST 2, 2021

Furthermore, we have cautioned that “[r]equiring a defendant to show that the potential witness has more than relevant and material information at this point in the litigation or risk facing denial of transfer on that basis is unnecessary.” In re Genentech, Inc. , 3d 1338 (Fed.

Art 92

Art Patent Business Patent Infringement 92

Patently-O

OCTOBER 21, 2021

Transfer motions under § 1404(a) are a common tactic in patent litigation, particularly for California-based tech companies sued in the Eastern and Western Districts of Texas. . § 1404(a) permits the judge to transfer the case to another district “[f]or the convenience of parties and witnesses, in the interest of justice.” Cleaned up.)

Patent 81

Patent Patent Infringement Patent Law Litigation 81

Patently-O

SEPTEMBER 28, 2023

7,079,035 (“Bock”) and 6,597,933 (“Kiani”), along with PCT Publication WO 2009/093159 (“Woehrle”). The IPR case here relates to the parallel litigation still pending in Masimo Corp. The infringement litigation has been stayed pending outcome of the IPRs. Patent Nos. Rudy Telscher from Husch took the other side.

Litigation 64

Litigation Patent Art 64

IP Watchdog

FEBRUARY 21, 2023

Lite-Netics’ patents issued in 2009 and 2012. HBL was at one time a customer of Lite-Netics and also sells holiday string lights, including one it calls a “Magnetic Cord,” which is one of the two products Lite-Netics alleged infringed its patents. 11,333,309 describes the product and issued in 2022 based on a 2021 application.

Patent 52

Patent Patent Infringement Litigation Intellectual Property 52

IP Intelligence

OCTOBER 19, 2023

Following the Federal Circuit’s 2009 In re Bose Corp. In filing the Section 15 declaration, the registrant’s counsel attested that no litigation or proceedings involving the registration were pending, which was incorrect (or, as the Board held, fraudulent). Great Management Group L.L.C. See 15 U.S.C. §§ 1058, 1065.

Registration 59

Registration Trademark Litigation 59

Technology & Marketing Law Blog

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. The 2009 Facebook Terms included the following clause: “accessing or using our website. at 18 (quoting the 2009 version of the Terms at issue in Fteja v. He presided over the famous hiQ Labs v. signif[ies] that you.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. Will Freeman focuses his practice on patent litigation in U.S. He received his J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Patently-O

JUNE 26, 2024

While Haptic argued its documents were in Texas, the court cited Federal Circuit precedent establishing that “the bulk of the relevant evidence usually comes from the accused infringer” in patent cases. In re Nintendo Co., 3d 1194(Fed.

Litigation 40

Litigation Invention Patent Design 40