The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 78

Related Rights Publishing Licensing Contracts 78

The IPKat

FEBRUARY 3, 2023

Especially in the aftermath of a 2013 stakeholder-led dialogue, Licences for Europe, scientific, technical, and medical publishers included TDM for non-commercial purposes in their subscription licences for academic institutions and developed common infrastructures to facilitate access to the content to be mined. Is this the end of the road?

Government 141

Government Related Rights Copyright Law 141

IP and Legal Filings

SEPTEMBER 6, 2022

Shareholder’s dispute is one of the prime problems of the corporate world across countries, at later stages, millions and billions are spent by the Investors in order to secure their interest in the company through Litigation with the uncertainty of Justice.

Contracts 52

Contracts Business Law Government 52

LexBlog IP

AUGUST 30, 2022

And a claim for breach of contract (whether a restrictive covenant or NDA) also may present issues of fact when it comes to the elements of whether that contract was breached and what damages result, which again are issues that only a jury can decide. A case that I recently litigated illustrates how this can work.

Contracts 52

Contracts Invention Ownership Law 52

The IPKat

MAY 12, 2023

The defendant - Mr Aughton - had been developing software for over 50 years and was employed by PQ from 1989 as a software developer and was appointed a director in 2013. Peripheral issues relating to Mr Aughton's duties under his employment contract overlapped with these three core issues.

Copyright Infringement 64

Copyright Infringement Copyright Confidentiality Copying 64

The IP Law Blog

MAY 27, 2021

In 2013, Constellation acquired perpetual, irrevocable, and exclusive license rights in the Corona marks, which gave Constellation the right to sell products under the Corona trademark. However, Modelo Grupo (“Modelo”) and Constellation Brands (“Constellation”) would say there is a lot riding on the answer.

Licensing 103

Licensing Branding Brands Branding 103

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. 201 (Spring 2013). Gutman , JLM, the bridal wear company was successful at the PI stage precisely because it asserted trademark and contract claims. (NB: TELECOMM. &

Social Media 81

Social Media Contracts Ownership Business 81

The IP Law Blog

AUGUST 25, 2022

Likewise, as to prong two, VNG had taken the position throughout the litigation that it was not “subject to the personal jurisdiction of any state court of general jurisdiction in the United States.” The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

Technology & Marketing Law Blog

OCTOBER 28, 2022

Ryanair has a long history of litigating against OTAs in Europe and the United States. It has previously litigated against OTAs in Spain, France, Ireland, and Switzerland, with mixed results. It previously litigated against Expedia in Washington. The facts of the case are relatively simple, with a couple of twists.

Blogging 88

Blogging Cease and Desist Business Litigation 88

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 124

Litigation Reporting Settlement Government 124

IP Intelligence

FEBRUARY 22, 2022

In 2013, Larry Junker sued defendants for infringing US D450,839 (the D’839 Patent), in the U.S. To qualify a “commercial” offer for sale, the Federal Circuit at least relies on the Uniform Commercial Code, Restatement (Second) of Contracts (1981) (the UCC). District Court for the Eastern District of Pennsylvania. Wells Elecs.,

Designs 52

Designs Design Design Patent Contracts 52

Trading Secrets

DECEMBER 21, 2021

It is only by keeping up with the newest laws and court pronouncements that litigants can hope to prevail in this ever-changing landscape. Legislation such as anti-SLAPP laws can have a dramatic impact on a litigant’s ability to bring or defend a claim. It recently held a workshop where academics and regulators addressed the issue.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

AUGUST 25, 2022

Likewise, as to prong two, VNG had taken the position throughout the litigation that it was not “subject to the personal jurisdiction of any state court of general jurisdiction in the United States.” The Court also found it significant that VNG had “contracted with U.S. businesses in conjunction with Zing MP3.”

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

LexBlog IP

DECEMBER 21, 2021

It is only by keeping up with the newest laws and court pronouncements that litigants can hope to prevail in this ever-changing landscape. Legislation such as anti-SLAPP laws can have a dramatic impact on a litigant’s ability to bring or defend a claim. It recently held a workshop where academics and regulators addressed the issue.

Confidentiality 52

Confidentiality Law Contracts Business 52

Technology & Marketing Law Blog

JULY 9, 2022

The FTC alleged that: from 2013 to mid-2018, nonsubscribers were unaware that “as many as 25-30 percent of Match.com members who registered each day were using Match.com to perpetrate scams.” Dismissing the case again , but saying breach of contract claim (and associated conversion/replevin claims) might have a chance if repled properly.

Advertising 123

Advertising Advertising Publishing Blogging 123

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. BPCIA Litigation. Biosimilar Regulatory Updates.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

APRIL 18, 2023

What if such editing would violate the contract with old promotional partners?] Defendants argued that Owoc’s video was not purely commercial as it does more than propose a commercial transaction by including his critiques about Monster’s litigation tactics, his opinions on defendants’ and Monster’s studies, and VPX’s reorganization.

False Advertising 70

False Advertising Advertising Advertising Social Media 70

43(B)log

AUGUST 5, 2021

It seems that boat designers/manufacturers used C&Ds under this regime, but there were 1100 utility patents on boat hulls and 20 design patents since 2013, which was the last boat hull registration. Was more heavily used 1999-2003. Sharp shift to regular regime. Other nations: much more pro arbitration.

IP 44

IP Invention Designs Design 44

IPilogue

SEPTEMBER 27, 2021

First proposed in 2013 , the UPC is an agreement among 24 countries to create a single expert patent court to assess patent filings from all contracting European states. However, it may also leave inventors open to litigation in 24 states for any possible infringement.

Inventor 111

Inventor Patent Litigation Contracts 111

Technology & Marketing Law Blog

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. That said, few scraping-related cases pursue these issues past the first few stages of litigation.

Blogging 106

Blogging Cease and Desist Contracts Marketing 106

Trading Secrets

MARCH 22, 2022

But the real question to me as a litigator is whether this doctrine should become part of the tool bag going forward. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. Gutman , 24 F.4th 4th 785 (2d Cir.

Social Media 59

Social Media Contracts Confidentiality Business 59

Kluwer Copyright Blog

MAY 30, 2022

An aspect that remains fully obscure is the interplay between these criteria and the parties’ freedom to contract. The Italian provision requires the negotiation of the contract to be conducted “taking into account the criteria set by AGCOM” (Art. to trigger litigation, and thus for the Court to be called to action. 43bis (9)).

Publishing 55

Publishing Law Contracts Licensing 55

Kluwer Copyright Blog

MAY 30, 2022

An aspect that remains fully obscure is the interplay between these criteria and the parties’ freedom to contract. The Italian provision requires the negotiation of the contract to be conducted “taking into account the criteria set by AGCOM” (Art. to trigger litigation, and thus for the Court to be called to action. 43bis (9)).

Publishing 52

Publishing Law Contracts Licensing 52

43(B)log

FEBRUARY 4, 2023

A relatively new willingness to litigate, but lack of awareness/understanding of copyright law in Carribean is a barrier. Risk of strategic litigation; most restrictive jurisdiction prevails, leading to race to the bottom. Contract instead of ©? Google’s global injunction against Google requiring delisting a site worldwide.

Copyright 57

Copyright Fair Use Privacy Derivative Work 57

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. OK, that’s a clear breach of contract, but how is it copyright infringement? MGM is an unusual case in which an exclusive licensee is suing its own licensor for copyright infringement. 17 U.S.C. §

Blogging 87

Blogging Copyright Licensing Copyright Infringement 87

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. The House also advanced the Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act (H.R. BPCIA Litigation. Biosimilar Approvals and Launches in 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

Trading Secrets

DECEMBER 29, 2022

Employers should implement a holistic strategy for protecting trade secrets at every stage of the employment relationship, from onboarding to pre-litigation enforcement efforts post-termination, with coordination between HR, Legal, IT, and other stakeholders within the company. its training procedures, and its off-boarding policies.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

JUNE 7, 2023

The EUIPO would conduct non-binding checks to determine whether a patent is essential to a standard; Before launching a litigation, parties to a SEP licensing dispute would have to go through a mandatory conciliation procedure administered by the EUIPO. Essentiality checks do not eliminate litigation. 4] Recital 7 and Article 1. [5]

Licensing 52

Licensing Patent Confidentiality Registration 52

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. The record label business model is simple – labels are in the business of selling and distributing recorded music that they didn’t create. [1] BACKGROUND. ANALYSIS AND UPSHOT. CONCLUSION.

Music 98

Music Ownership Copyright Law Contracts 98

LexBlog IP

DECEMBER 29, 2022

Employers should implement a holistic strategy for protecting trade secrets at every stage of the employment relationship, from onboarding to pre-litigation enforcement efforts post-termination, with coordination between HR, Legal, IT, and other stakeholders within the company. its training procedures, and its off-boarding policies.

Confidentiality 40

Confidentiality Business Law Contracts 40

LexBlog IP

APRIL 4, 2023

I have to confess this decision seems extreme, given that a standard confidentiality order would achieve the narrow purpose sought–protection of confidential information involving a pending litigation–and the breadth of this ruling may unfairly impinge on the ability of counsel to engage in joint defense communications.

Confidentiality 40

Confidentiality Blogging Litigation Reporting 40

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. So what do we make of the earlier rulings that suggested hiQ had a legally protected right to scrape? ¯_(ツ)_/¯ CCB Launches We have a new venue for copyright litigation.

Law 115

Law Social Media Government Privacy 115