Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it. dispute back in the Ninth Circuit in 2016.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

Patently-O

JULY 7, 2022

Parties that participate in these standards development organizations (SDOs) generally agree to license patents that are essential to the implementation of those standards (standards-essential patents or SEPs) to manufacturers of standardized products on terms that are fair, reasonable and nondiscriminatory (FRAND). The Litigation.

Licensing 87

Licensing Contracts Patent Law 87

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 2016) 245 Cal.App.4th

Blogging 102

Blogging Contracts Law Privacy 102

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 52

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 54

Licensing Contracts Patent Law Law 54

43(B)log

FEBRUARY 3, 2023

Much of the litigation thus turns on what it means for a similarity to be probative of copying. Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. Before 2016, appeared to be that these multipliers were impermissible punitive damages. In 2016, Leonard v. Mostly music infringement.

Copyright 57

Copyright Copying Music Fair Use 57

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Court, before the U.S.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

The IP Law Blog

AUGUST 25, 2022

In 2016, the Ninth Circuit reversed that decision and ordered the district court to allow Lang Van to conduct discovery directed at jurisdictional issues. 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. or other places outside Vietnam.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

LexBlog IP

JANUARY 19, 2024

Regeneron’s Suits Against Proposed Biosimilars of EYLEA The year 2023 saw significant developments in litigation related to biosimilars referencing Regeneron’s EYLEA (aflibercept) product. The FDA had accepted the Biologics License Application for priority review in November 2022.

Settlement 52

Settlement Litigation Patent Reporting 52

Technology & Marketing Law Blog

MARCH 10, 2022

The analogous non-digital conduct would be to take a photograph of a crowd inside La Baguette with the caption “La Baguette, Christmas party 2016,” erase “La Baguette,” write-in “Tito & Tita,” and keep the photograph on the wall where customers can see it. Further, Maryland courts allow departing employees to take preparatory actions.

Social Media 81

Social Media Contracts Ownership Business 81

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. In re: StubHub Refund Litigation , No. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. This legal standard ensures lots of meritless litigation.

Contracts 73

Contracts Law Reporting Blogging 73

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

LexBlog IP

AUGUST 25, 2022

In 2016, the Ninth Circuit reversed that decision and ordered the district court to allow Lang Van to conduct discovery directed at jurisdictional issues. 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. content owners.”

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

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. 2016; resubmitted May 2018). September 23, 2016.

Litigation 52

Litigation Settlement Marketing Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

Alkutkar joined Bumble in 2016. And that evidence-preservation must be done in a way that it can convince a judge even if all of the relevant employees have turned over by the time of litigation. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising.

False Advertising 127

False Advertising Marketing Marketing Advertising 127

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 Tech Blog

JULY 10, 2023

The defendant below originally operated as a licensed distributor for these products, but later concluded that it held the rights to much of the plaintiff’s intellectual property, including the black and yellow marks on the products at issue. Relying on its 2016 decision in RJR Nabisco Inc. European Community, 579 U.S. court forum.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

43(B)log

AUGUST 4, 2023

2016 survey says 59% of Americans would be willing to buy a smart gun, including 56% of political conservatives and 4 of 14 gun owners. Tort tries to get people to make safer products to encourage innovation, but also leads to anxieties about creating new stuff b/c it risks litigation v. Super-narrow © license.

Copyright 52

Copyright Fair Use Marketing Marketing 52

43(B)log

FEBRUARY 24, 2021

Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Moose Knuckles parka, 2016, lacked qualifying statement (made with Canadian and imported components); settled for $750,000 donation.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 52

Marketing Marketing Licensing Patent 52

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

43(B)log

FEBRUARY 24, 2023

Discussants: Dev Gangjee: If even what counts as an indication of source has changed so much, must wonder where TM is going b/c of franchises, contractual arrangements and licensing—the whole guarantee of quality story just doesn’t make sense any more. Assignment in gross seems anachronistic given the development of licensing.

Trademark 48

Trademark Branding Brands Branding 48

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (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 124

IP Copyright Trademark Intellectual Property 124

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. 2016; resubmitted May 2018). September 23, 2016. August 30, 2016. April 5, 2016. November 2016. Biosimilar Approvals and Launches in 2021. Biosimilar Regulatory Updates.

Litigation 52

Litigation Settlement Patent Marketing 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. CONCLUSION.

Music 98

Music Ownership Copyright Law Contracts 98

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). The Falwell court was on solid ground in denying relief on the grounds of an implied license. complaint filed Jan.

Copyright 120

Copyright Blogging Publishing Fair Use 120

The IP Law Blog

FEBRUARY 23, 2023

The audiobook, The Trump Tapes , is comprised of 20 audio interviews, one with Trump during his presidential campaign in 2016 and the remaining 19 from the interviews conducted during his term as president. Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

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