SpicyIP

FEBRUARY 3, 2025

(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Anything we are missing out on?

Copyright 95

Copyright Litigation Trademark Copyright Infringement 95

JD Supra Law

SEPTEMBER 7, 2023

4th 60 (2010). Anderson, 44 Cal.4th 4th 937 (2008) and even created a public policy claim against employers assisting the enforcement of out-of-state non-compete agreements, Silguero v. Creteguard, Inc., 187 Cal.App.4th By: CDF Labor Law LLP

Law 79

Law Litigation 79

Intellectual Property Law Blog

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. when the mask work is involved in litigation. Between 2010-2022, there are 646 mask works registered in the U.S. In particular, Section 1213.2 Inspection of a Registered Mask Work.

Registration 189

Registration Designs Design Copying 189

IP Watchdog

JULY 19, 2022

METAx, LLC (Meta) was founded in 2010 by Justin “JB” Bolognino, who is described in the complaint filed in the U.S. Meta has continuously used the term “META” as part of a composite mark, and has been commonly referred to as Meta in trade and commerce, since 2010. A small business owner is suing Meta Platforms, Inc.,

Intellectual Property 116

Intellectual Property Business Technology Law 116

Traverse Legal Blog

OCTOBER 24, 2024

3d 1268, 1273 n. 4 (9th Cir. California’s statutory Right of Publicity “requires a plaintiff to prove all the elements of the common law action plus a knowing use by defendant as well as a direct connection between the alleged use and the commercial purpose.” Jules Jordan Video, Inc. 144942 Canada Inc. , 3d 1146, 1154 (9th Cir.

Social Media 98

Social Media Copyright Infringement Copyright Law 98

BYU Copyright Blog

JANUARY 31, 2022

The complaint alleged copyright infringement and violations of the Digital Millennium Copyright Act by Wasatch Academy through the unauthorized use of a musical work controlled by Charming Beasts in a student film created by a student at Wasatch Academy in 2010.

Settlement 98

Settlement Reporting Copyright Infringement Music 98

Patently-O

JULY 8, 2021

In recent years, eligibility determinations have moved forward in the litigation context and become a true “threshold test.” 593 (2010). Often, eligibility is the first substantive determination in patent litigation and it is typically decided either on a motion to dismiss (12(b)(6)) or motion on the pleadings (12(c)).

Litigation 107

Litigation Art Patent Law 107

LexBlog IP

NOVEMBER 22, 2021

As regular Big Molecule Watch readers know, the Biologics Price Competition and Innovation Act (“BPCIA”) was signed into law as part of the Affordable Care Act on March 23, 2010, creating an abbreviated licensure pathway for “biosimilar” and “interchangeable” biological products. The post Now Available!

Litigation 52

Litigation Editing Blogging Publishing 52

TorrentFreak

MARCH 19, 2022

Public Citizen Litigation Group Steps In. Public Citizen Litigation Group is a public interest law firm in the United States that specializes in First Amendment rights, which includes the Supreme Court-endorsed right to anonymous free speech. Until now, that is.

Fair Use 145

Fair Use Copyright Infringement Litigation Copyright 145

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016.

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

TorrentFreak

MAY 20, 2022

Although both civil copyright actions are stayed at this time, the rulings in one action may affect or control issues in the other when active litigation resumes; therefore, the Court has prudently assigned them a single District Judge to preside over both,” Megaupload’s lawyers wrote.

Copyright 145

Copyright Copyright Infringement Music Litigation 145

Intellectual Property Law Blog

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. when the mask work is involved in litigation. Statistics from Copyright Office’s Annual Reports Between 2010-2022, there are 646 mask works registered in the U.S. Id, section 2407.1(D)(2).

Registration 130

Registration Designs Design Copying 130

Patently-O

FEBRUARY 23, 2022

Most asserted design patents are invalidated in litigation. Most litigated design patents are not found infringed. The Lindgren study contributed to all three claims, whereas the USPTO and Walter studies contributed mainly to the second claim—regarding frequent invalidation during litigation. Defending Design Patents.

Design Patent 134

Design Patent Designs Design Patent 134

TorrentFreak

APRIL 17, 2022

“Although both civil copyright actions are stayed at this time, the rulings in one action may affect or control issues in the other when active litigation resumes; therefore, the Court has prudently assigned them a single District Judge to preside over both,” the notice reads.

Copyright Infringement 145

Copyright Infringement Copyright Music Government 145

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 4, 2022

18] The court rejected this argument since none of the cases had actually been transferred at the time of the court’s ruling and the court also noted that the real issue of judicial economy was Samsung’s failure to move for transfer for more than a year of litigation in the court. [19] 1] Jawbone Innovations, LLC v. Samsung Electronics Co.,

Litigation 72

Litigation Patent Business Inventor 72

BYU Copyright Blog

NOVEMBER 15, 2021

Although the Video was originally posted in 2010, Charming Beats claims to have been unable to locate the Video until this year notwithstanding a practice of making dozens of YouTube searches each year to identify instances of potential copyright infringement of works Charming Beats owns.

Copyright Infringement 98

Copyright Infringement Copyright Music Licensing 98

Patently-O

APRIL 28, 2022

2010) (en banc). Best mode can only be raised during prosecution and is not available as a validity defense in litigation. The court in Ariad explained that a “a vague functional description” may be insufficient as it likely describes the unpatentable problem rather than a patentable solution. Ariad Pharmaceuticals et al.

Inventor 105

Inventor Invention Art Litigation 105

The IPKat

JANUARY 9, 2023

While investment disputes are a useful tool to counter such acts as corruption by national courts, they can also be instrumentalised by investors who are dissatisfied with the results of national litigation. Upreti first undertakes a quantitative analysis of all IIAs signed and in force between 2010 and 2019.

Intellectual Property 125

Intellectual Property IP Settlement Publishing 125

LexBlog IP

JANUARY 18, 2024

As regular Big Molecule Watch readers know, the Biologics Price Competition and Innovation Act (“BPCIA”) was signed into law as part of the Affordable Care Act on March 23, 2010, creating an abbreviated licensure pathway for “biosimilar” and “interchangeable” biological products. The post Now Available!

Litigation 40

Litigation Editing Blogging Publishing 40

LexBlog IP

DECEMBER 20, 2022

As regular Big Molecule Watch readers know, the Biologics Price Competition and Innovation Act (“BPCIA”) was signed into law as part of the Affordable Care Act on March 23, 2010, creating an abbreviated licensure pathway for “biosimilar” and “interchangeable” biological products. The post Now Available!

Litigation 40

Litigation Editing Blogging Publishing 40

SpicyIP

AUGUST 27, 2024

5360/CHENP/2010). 5364/CHENP/2010 had been granted Patent No. 4689/CHENP/2010). The Application was rejected on two grounds: lack of inventive step under Section 2(1)(ja ) and non-patentability under Section 3(e) of the Patents Act, 1970 as mentioned in the Controller’s decision ( pdf ). 285816 on 28.07.2017 (Para 11).

Patent 105

Patent Art Invention Patent Application 105

Patently-O

JANUARY 10, 2023

Cotter, Is Global FRAND Litigation Spinning Out of Control , 2021 PatentlyO Law Journal 1 (2021) ( Cotter.2021.GlobalFRANDLitigation Lemley, Erik Oliver, Kent Richardson, James Yoon, & Michael Costa, Patent Purchases and Litigation Outcomes , 2016 Patently-O Patent Law Journal 15 ( Lemley.2016.PatentMarket 7 (2010) ( Reines.2010

Journalism 56

Journalism Trademark Patent Patent Law 56

IP Law 360

AUGUST 13, 2021

Jones Day is seeking more than $2 million in attorney fees it says it is owed after securing around $50 million for a former client in patent litigation, claiming in Illinois state court the ex-client has been engaged in a "desperate shell game" to avoid payment since 2010.

Litigation 52

Litigation Patent 52

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

CoCal IP Law Institute

MARCH 23, 2025

US patent litigation has been steadily declining since 2015, according to Lex Machina: Likewise, IPR and PGR filings at the USPTO's PTAB also are in steady decline: Though some years show small upticks, the trend is clear. In our experience, an array of changes to the patent system, mostly enacted between 2010 and 2015, have [.]

Litigation 40

Litigation Patent 40

IPilogue

APRIL 11, 2022

Lehv is a senior litigation counsel at Fross Zelnick Lehrman & Zissu, P.C. NFTs are not a new concept; they have existed since 2010 , but only recently blew up during the pandemic. His presentation, titled “What an IP Lawyer Needs to Know about the Colorful World of NFTs”, discussed the current NFTs’ landscape globally.

Non-Fungible Tokens 105

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 105

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

Litigation 52

Litigation Law Patent Invention 52

IP Watchdog

MARCH 7, 2023

The CAFC agreed with the PTAB’s decision and with the ruling that a 2010 patent application publication filed by Gilead was “prior art” over the university’s patent. The PTAB found that the University of Minnesota failed to provide a sufficient written description that supported the patent’s priority claim.

Patent 69

Patent Patent Application Art Publishing 69

IP Law 360

APRIL 17, 2023

Merck and generic-drug maker Glenmark are set this week to fight multidistrict litigation claims that they gouged buyers of Merck’s blockbuster cholesterol drug Zetia by forging a pay-for-delay deal in 2010. Law360 breaks down the issues and stakes in this rare trial.

Litigation 40

Litigation 40

IP and Legal Filings

MARCH 24, 2023

Introduction The Plaintiff is engaged in the construction business and is the proprietor of trademark BURJNOIDA in class 37 (for building and construction services) as of February 2, 2011, which it claims to have been using since December 24, 2010.

Registration 98

Registration Trademark Copyright Infringement Copyright 98

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in medicinal chemistry from the University of Michigan in 2010, and his B.S. 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.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Patently-O

OCTOBER 5, 2021

and foreign patents you hold; the number of patents you have licensed or sold; and the number of patent cases you have been involved in since the Supreme Court’s decision in Bilski in 2010. patent enforcement and litigation; c. Additionally, if you are a patent owner or inventor, please include the number of U.S. employment; f.

Patent 102

Patent Intellectual Property Invention Inventor 102

Patently-O

DECEMBER 20, 2023

The dataset we hand built and hand coded for our study includes information about the race and gender of over 2,500 attorneys who presented oral argument in a Federal Circuit patent case from 2010 through 2019—roughly 6,000 arguments in total. legal system.

Government 69

Government Patent Law Law Patent 69

Patently-O

NOVEMBER 16, 2023

When the Supreme Court decided Bilski back in 2010, I was quite concerned about predictability and co-authored a BTLJ article with Prof. Likewise, patent litigators are wary of asserting claims that are likely to be found ineligible and so shy away from those potential case killers. Rob Merges on the topic.

Patent Prosecution 49

Patent Prosecution Patent Application Law Patent 49

Greenspoon Marder LLP

OCTOBER 7, 2016

There is a lengthy and complicated history of litigation between VirnetX and Apple, which commenced in 2010 when VirnetX first filed a patent infringement lawsuit against Apple in the Eastern District of Texas.

Patent Troll 52

Patent Troll Patent Intellectual Property Litigation 52

LexBlog IP

OCTOBER 18, 2021

The court further held that patent interference proceedings in 2006 and a patent infringement action in 2010 involving the same patents at issue and some of the named-Respondents gave Petitioners “inquiry, if not actual, notice” of the misappropriation.

Patent Application 52

Patent Application Inventor Patent Infringement Invention 52

Patently-O

FEBRUARY 20, 2023

593 (2010). These were clearly watershed cases that dramatically changed the landscape of patent law and patent litigation. Kappos , 561 U.S. Later, in Mayo and Alice , the Supreme Court fleshed-out its two step test for determining eligibility for these categorical exclusions.

Invention 90

Invention Technology Law Patent 90