Patently-O

JULY 14, 2022

Some takeaways: For patent infringement cases filed between 2011 and 2016, about 6% have at least one appeal, although this rate has been declining from 7.8% of cases filed in 2011 to 4.4% Decoding Patent Plaintiffs since 2000 with the Stanford NPE Litigation Dataset, 21 Stan. of cases filed in 2016. Who’s Suing Us?

Patent 137

Patent Patent Infringement Intellectual Property Litigation 137

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

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. Recent Patent Linkage Litigations Since Chugai v. Wenzhou Haihe Pharmaceutical Co.,

Litigation 98

Litigation Patent Intellectual Property Brands 98

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

Likelihood of Confusion

JULY 22, 2021

First posted August 7, 2011. Tech News World asked me a couple of days ago about whether it wasn’t pretty unusual to see parties to litigation. The post Best of 2011: Talking the talk appeared first on LIKELIHOOD OF CONFUSION™. The Android talk, that is.

Litigation 40

Litigation Law Patent 40

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

Plagiarism Today

DECEMBER 12, 2022

The Seuss estate is well-known for being aggressive with litigation. Though the owners of the intellectual property haven’t been quite as litigious as the Seuss estate, they did file a lawsuit in 2011 against a parody book that was slated to be published. He won that case in September 2017. 4: A Pair of Christmas Copyright Myths.

Copyright 312

Copyright Public Domain Music Publishing 312

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

IIPRD

JANUARY 22, 2025

BD Bhandari (2011) [3] , the Delhi High Court stated that a guidebook compiled using copyrighted material served a purpose of transformation, independent from the expressive intent of the original work. [1] Authors Guild v. BD Bhandari, 2011 SCC OnLine Del 3216. According to University of Cambridge v. Google, Inc., 3d 202 (2d Cir.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

IP and Legal Filings

JANUARY 30, 2022

Marcel initiated a lawsuit against Lucky Brand in 2011, alleging that Lucky Brand had continued to infringe on Marcel’s “Get Lucky” mark and thus violated the previous suit’s judgment. Hence, the claim preclusion didn’t and couldn’t prevent the Petitioner from defending the 2011 Suit using its settlement agreement defense.

Trademark 105

Trademark Brands Branding Branding 105

IP Intelligence

AUGUST 22, 2023

1] Before 2019, the annual number of new cases had not been below 4,300 since 2011. [2] 3] Compared to 2020 and 2021, last year had approximately 200 fewer new patent litigation proceedings in the U.S. 1] Patent Litigation Court Activity Stats: New Cases, Docket Navigator, Aug. District Courts. 21, 2023. [2] 21, 2023. [3]

Litigation 52

Litigation Patent 52

TorrentFreak

JANUARY 27, 2023

Representing the movie and music industries, BREIN argued that NSE must delete all infringing content from its servers, and in 2011 the Court of Amsterdam sided with the anti-piracy group. “This confirms that in 2011, NSE had to cease its activities on the basis of an incorrect judgment of the Amsterdam District Court.

Copyright Infringement 145

Copyright Infringement Copyright Business Music 145

IP Watchdog

APRIL 5, 2022

The ruling is the latest chapter in a series of challenges to VLSI’s patent claims, which has forced VLSI to run a gauntlet arguably demonstrating that the PTAB fails to function as the alternative forum for speedy validity resolutions originally envisioned by Congress when it passed the America Invents Act (AIA) into law back in 2011.

Invention 116

Invention Patent Trademark Law 116

Plagiarism Today

MARCH 30, 2022

Finally, another student has come forward and accused Farhadi of doing something similar when they were at a similar workshop in 2011. Note: The case is being litigated in Iran. In Shokri’s case, he is alleging that Farhadi defamed him in his fictional portrayal of his real-life events. A Difficult Question. and European copyright law.

Plagiarism 246

Plagiarism Copyright Law Reporting Copyright 246

IP Close Up

JANUARY 30, 2024

Since China became worldwide leader in patent applications in 2011, overtaking Japan, the number of its applications have soared. The question today is not so Continue reading

Patent Application 99

Patent Application Patent Licensing Intellectual Property 99

JD Supra Law

SEPTEMBER 20, 2024

After ten years of litigation, the Federal Circuit found that the district court conducted an improper collateral estoppel analysis and upheld ParkerVision’s position on each of the appealed issues.

Patent 65

Patent Litigation Technology 65

The IPKat

DECEMBER 7, 2021

The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. For example, the 2011 America Invents Act created faster, cheaper ways to show that a low-quality patent was invalid and empowered the PTO to implement new safeguards to improve patent quality.

Patent Troll 124

Patent Troll Patent Litigation Inventor 124

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

IP Watchdog

JUNE 12, 2023

The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S. Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years.

Patent Application 111

Patent Application Patent Trademark Patent Prosecution 111

Indiana Intellectual Property Law

MARCH 21, 2023

Since launching their website in 2011, Disintermediation has handled over one million chat messages. It is, therefore, crucial for both parties to have competent legal representation and to carefully consider their options throughout the litigation process. 1:22-cv-02280-TWP-KMB.

Patent Infringement 52

Patent Infringement Litigation Patent Patent Application 52

JIPL Online

APRIL 22, 2021

Litigation surrounding the three-year market exclusivity provision shows us not only how inherently ambiguous the provision is but also the need for a clearly defined standard. Hopefully, with these suggestions, litigation surrounding this inherently ambiguous statute will diminish. 314.50 (2011). Policy considerations.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

Patently-O

DECEMBER 20, 2022

Mosaic also corroborated that testimony with invoices showing the SMCII was sold at a trade show in 2011. But, for over 150 years the courts have hotly questioned and challenged the credibility of self-serving prior art that first comes to light during the litigation.

Art 124

Art Brands Branding Branding 124

JD Supra Law

MAY 5, 2022

In 2011, the Federal Circuit in TianRui Grp. Int’l Trade Comm’n affirmed the International Trade Commission’s (ITC) authority to look to extraterritorial conduct of a respondent to determine whether that respondent misappropriated trade secrets under 19 U.S.C.A. 1337 (“Section 337”). By: Morrison & Foerster LLP

Litigation 52

Litigation 52

Michael Geist

AUGUST 5, 2021

York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated. Under the final 2011-2014 Access Copyright tariff for post-secondary educational institutions, for example, York would be liable to pay $24.80

Copyright 145

Copyright Copying Licensing Litigation 145

The IPKat

JANUARY 1, 2025

The Court also dismissed Wright's claims of passing off, which was based on his assertion of ownership of goodwill in the name "Bitcoin".

Ownership 64

Ownership IP Registration Intellectual Property 64

Larson & Larson

NOVEMBER 12, 2024

Introduced in 2011 as part of the America Invents Act, it’s become an essential tool for companies needing rapid patent protection. Here’s what you need to know about this accelerated pathway to patent protection. What is Track One?

Patent Application 40

Patent Application Patent Marketing Marketing 40

The IP Law Blog

FEBRUARY 10, 2022

in 2011, where she agreed not to compete with JLM and granted JLM permission to use her name. They may find themselves shut out of their own accounts, or in protracted litigation about their accounts like Ms. She entered into agreement with the brand JLM Couture Inc. When the relationship became contentious, JLM filed suit against Ms.

Designs 98

Designs Design Brands Branding 98

Patently-O

APRIL 28, 2022

Best mode can only be raised during prosecution and is not available as a validity defense in litigation. 282 (as amended by AIA 2011). Best-Mode : The original specification must disclose the best mode for carrying out the invention–if one is known by the inventors. Of these for 112(a) rejection types.

Inventor 105

Inventor Invention Art Litigation 105

SpicyIP

MARCH 4, 2025

Nirmala Devi & Ors (2011), the Supreme Court of India emphasized the importance of addressing all issues in a suit to prevent prolonged litigation. Devendra Prasad Jaiswal Varun (2023) (pdf), the Supreme Court set aside a High Court order that remanded a case to the trial court, observing that remand prolongs and delays litigation.

Invention 52

Invention Patent Application Patent Intellectual Property 52

The IPKat

NOVEMBER 22, 2021

This chapter also describes the methodology for the qualitative empirical research that involved 20 interviews conducted during 2011-13 with participants from the theatre community including actors, playwrights, directors, and producers. Chapter two, ‘The Play’s The Thing…’ But What’s The Play? And Who Owns It?

Copyright Law 145

Copyright Law Moral Rights Copyright Law 145

TorrentFreak

JUNE 6, 2023

in losses since the company launched in 2011. “Rightscorp also offers a Litigation Model, which is customizable based on the range of copyrights held in the data base. At the time, Rightscorp was a publicly listed company but was hemorrhaging money. In 2014, the company revealed a $2.2m loss for the previous year, $6.5m

Settlement 132

Settlement Music Publishing Copyright 132

IPilogue

AUGUST 30, 2021

In 2011 and 2012, Booking.com applied to register “Booking.com” as a trademark associated with hotel reservation services with the U.S. Practitioners may worry that this case opens the floodgates to trademark litigation. Booking.com B.V. Patent and Trademark Office (“USPTO”).

Registration 105

Registration Trademark Journalism Intellectual Property 105

The IPKat

FEBRUARY 22, 2025

It may not be until litigation discovery that infringement can be proven. The closest prior art identified for inventive step by the Board of Appeal was the composition of matter (CoM) case for AMG 416 ( WO 2011/014707 ). Inventive step of manufacturing The main issue on appeal was whether the use of SPy intermediate was obvious.

IP 64

IP Invention Art Designs 64

IP Tech Blog

JULY 15, 2022

Given the complete lack of evidence of notice within Defendant’s service itself, Plaintiff’s ongoing use of the service is irrelevant to determining whether he had actual or constructive notice of the post-2011 terms of service. The case is Sifuentes v. Dropbox, Inc. 2022 WL 2673080, *4 (N.D. June 29, 2022).

Contracts 113

Contracts Technology Blogging IP 113

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. in biology and society from Cornell University in 2011. Louis in 2011, and his B.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

LexBlog IP

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. Recent Patent Linkage Litigations Since Chugai v. Wenzhou Haihe Pharmaceutical Co.,

Litigation 52

Litigation Patent Intellectual Property Brands 52

Patently-O

SEPTEMBER 9, 2021

As is usual these days, ELCO turned-around and filed an inter partes review petition — challenging the patent’s validity based upon a 2011 product catalog (printed publication) that had featured the Hatteras lighting product. In the district court litigation, ELCO is seeking to use the single product to show each element.

Invention 78

Invention Art Litigation Public Use 78