2017, Licensing, Marketing and Settlement - Intellectual Property Pulse

DDE Excludes Damages Testimony Based on “Built-In Apportionment,” Prior Jury Verdicts, and Settlement Agreements

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Stec, from testifying as to reasonable royalty damages, where Dr. Stec had relied on a license agreement between third parties, jury verdicts, and settlement agreements. Dr. Stec cited a number of agreements, but the only one he relied on that was not a litigation settlement was between iPIN Debit Network, Inc. iPIN license”).

Settlement

Settlement Licensing Litigation Technology

3 Count: Plagiarism Again

Plagiarism Today

MAY 11, 2022

However, an element of the bill would make it retroactive for all companies with a market cap of $150 billion, an amount Disney exceeds. This is actually the second lawsuit between the two, as Riot sued Moonton over similar allegations in 2017. million settlement in 2018. That lawsuit resulted in a $2.9

Plagiarism

Plagiarism Public Domain Copyright Law Copyright

Court Awards $200 in Damages for ‘Innocent’ Copyright Infringement

TorrentFreak

SEPTEMBER 7, 2021

The blog post in question was written by Rebecca Marsh, the bank’s Vice President of Marketing & Communications. The backstory and context provide some interesting insight into the copyright infringement settlement mill. Lucrative Settlements. “Innocent Infringement” Backstory. As it turns out, Ms.

Copyright Infringement

Copyright Infringement Copyright Settlement Blogging

5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Bell allegedly offers licenses for its use. Effect on the market: Harm was implausible. at 584–85; Harper & Row, 471 U.S. at 566–69.” Result: fair use. “[C]opyright

Fair Use

Fair Use Social Media Licensing Marketing

Genentech, Roche, and Biogen Sue Dr. Reddy’s and Fresenius for a Proposed Biosimilar of Rituxan in District of New Jersey

LexBlog IP

NOVEMBER 21, 2023

District Court for the District of New Jersey, alleging infringement of 15 patents under the BPCIA based on DRL’s submission of an aBLA for DRL_RI, a proposed biosimilar of RITUXAN (rituximab) and DRL’s provision of Notice of Commercial Marketing with respect to the same.

Settlement

Settlement Marketing Marketing Licensing

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. SETTLEMENT CASES. 9] Both parties reached an amicable settlement. [10] 9] Both parties reached an amicable settlement. [10] TRIAL CASES.

Copyright Infringement

Copyright Infringement Copyright Public Domain Derivative Work

Man Who Lost $90m Pirate IPTV Suit Slams DISH in Response to New Lawsuit

TorrentFreak

APRIL 29, 2022

Since 2017, Dish has been struggling to keep its stock price up from its 2015 and 2017 peaks,” LaBossiere’s answer begins. billion dollar company will stop at nothing to bully people into settlements to help its bottom line.” ExpediteTV Was Supposed to Be Licensed and Legal.

Television

Television Licensing Branding Brands

Unpacking IDC v Lenovo (Part I): The approach on unpacking and comparing prior licence agreements

The IPKat

JUNE 22, 2023

Mellor J, the Judge, explained that in very general terms he adopted the same approach as that of Birss J in Unwired Planet v Huawei [2017] EWHC 711 (Pat) ([42]). He rejected the argument that the royalty in SEP licensing of mobile devices should depend on usage. 21, 2017) (Selna, J.) to apply the same rate to past as future.

Patent Infringement

Patent Infringement Licensing Patent Litigation

SpicyIP Weekly Review (July 1-July 7)

SpicyIP

JULY 8, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the DHC’s direction to frame a code of conduct for Patent and Trademark Agents, MHC’s decision on prior arts, and the settlement between Dabur and Dhruv Rathee of their trademark and copyright dispute. Microsoft Technology Licensing LLC v.

Invention

Invention Art Trademark Patent Application

Court Finds Tweet To Be Fair Use

LexBlog IP

MAY 3, 2022

He markets the books through online retailers and his own website. The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. In December 2017, Chisholm Trail High School’s softball team and color guar posted the WIN Passage to their Twitter accounts.

Fair Use

Fair Use Social Media Copyright Marketing

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. A few plaintiffs have won default judgments (including one I blog below).

Registration

Registration Fair Use Copyright Designs

Biosimilars in 2020: What’s Ahead

Bio Law Blog

JANUARY 8, 2020

It may also provide further guidance on circumstances requiring a 180-day notice of commercial marketing, biosimilar injunctions, interchangeability status and the impact of biosimilar settlements. ” Circumstances requiring a new notice of commercial marketing and biosimilar injunctions. Here is what’s ahead.

Marketing

Marketing Marketing Settlement Litigation

Y2Mate: Massive YouTube-Ripping Service Blocks US & UK Visitors

TorrentFreak

AUGUST 3, 2021

However, there are millions of users online today who would prefer to download music for keeps and that has resulted in a buoyant market for so-called YouTube-to-MP3 ripping services. In 2017, the world’s leading YouTube ripping site, YouTube-MP3, shut down following legal action initiated by the RIAA.

Music

Music Settlement Licensing Reporting

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement.

Copyright Infringement

Copyright Infringement Copyright Intellectual Property Blogging

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020.

Litigation

Litigation Settlement Marketing Marketing

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology

Technology Patent IP Invention

Collective rights management and abuse of dominance: Court of appeal of Brussels applies the CJEU principles in a major Belgian festival case

Kluwer Copyright Blog

APRIL 27, 2023

The court of appeal was seized to decide whether SABAM abused its dominant market position with an increase of its royalty rates for festivals. The facts of this case date back to 2017, when SABAM increased the royalty rates owed by organisers of music festivals and concerts.

Music

Music Technology Copyright Publishing

Patent Eligibility Jurisprudence

Patently-O

OCTOBER 5, 2021

The following comes from the Notice: Since 2017, the Federal Circuit has issued numerous decisions applying the Supreme Court’s legal framework in a variety of contexts, and many petitions for writ of certiorari have been filed. marketing; h. licensing of patents and patent applications; k. research and development; e.

Patent

Patent Intellectual Property Invention Inventor

A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 30, 2021

It was certified as a class action on behalf of a large number of sound recording copyright owners (but excluding the major record labels, which had already entered into a separate settlement with Sirius XM). That settlement left Flo & Eddie’s lawyers representing a class of only about 20% of the pre-1972 sound recording copyright owners.

Blogging

Blogging Copyright Settlement Ownership

Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Technology & Marketing Law Blog

MARCH 29, 2023

At an initial conference on January 23, 2023, the parties reached a settlement and asked to dismiss the claim. The picture at issue was taken in 2017, and was registered with the U.S. Copyright Office on July 29, 2017. On February 3, they submitted a joint request to dismiss the proceeding: So, did the CCB process work?

Blogging

Blogging Fair Use Copyright Copyright Notice

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

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

Fair Use Derivative Work Blogging Licensing

Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

Patently-O

FEBRUARY 22, 2023

It generally amounts to more than 50% of the total settlement recovery, acknowledging, at least by basic math, that they are the primary beneficiary of the litigation.). Many start with and later add investors to ongoing funds and matters. Nearly all require oversight and consultation at all key decision points.

Litigation

Litigation Reporting Settlement Government

Unpacking IDC v Lenovo (Part III): $0.175 per cellular unit

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

Marketing Marketing Licensing Patent

Quick Links from the Past Year, Part 2 (Copyright)

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. in February 2017. 2017 WL 11665339 (SDNY Feb. 26, 2021). 19-55882 (9th Cir.

Copyright

Copyright Copying Copyright Infringement Copyright Law

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying

Copying Copyright Law Copyright Social Media

SpicyIP Weekly Review (February 05- February 11)

SpicyIP

FEBRUARY 12, 2024

Read Yogesh’s critique of the judgement in light of DHC’s OpenTV decision and the CRI 2017 Guidelines. Case Summaries Gujarat Cooperative Milk Marketing v. Deputy Controller will have major implications on the patentability of business methods, in the future.

Trademark

Trademark Social Media Registering Trademarks Copyright

Biosimilars 2021 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021. Yet, given fewer FDA approvals in 2020 and 2021, this year saw the lowest number of commercial launches since 2017. No earlier than 2023 per settlement. Introduction. Humira ® (AbbVie).

Litigation

Litigation Settlement Patent Marketing

Which VPN Providers Really Take Privacy Seriously in 2023?

TorrentFreak

JULY 23, 2023

With regards to limits on the number of devices simultaneously connected, no timestamps or IP addresses are ever logged; our systems are merely able to identify how many active sessions a given license has at a given moment in time and use that counter to decide whether a license is allowed to create one additional session.

Privacy

Privacy IP Technology Reporting

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. A number of policies are gaining support within the United States and internationally, encouraging a shift away from fossil fuels propelling the growth of the EV industry (the largest market for batteries).

Intellectual Property

Intellectual Property Technology Journalism IP

Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

LexBlog IP

APRIL 20, 2022

It concerned the campaign practice of Prabhu Datta Goud, a candidate for local village chief, who each day on the campaign trail would buy a live fish in the market and then cradle the flopping fish in his bare hands as he visited voters door-to-door. (He Even if there’s no base for the claim,” Sheeran said.

Intellectual Property

Intellectual Property Music Copyright Fair Use

Intellectual Property Pulse

DDE Excludes Damages Testimony Based on “Built-In Apportionment,” Prior Jury Verdicts, and Settlement Agreements

3 Count: Plagiarism Again

Trending Sources

Court Awards $200 in Damages for ‘Innocent’ Copyright Infringement

5th Cir affirms fair use on a motion to dismiss, fee award to D

Genentech, Roche, and Biogen Sue Dr. Reddy’s and Fresenius for a Proposed Biosimilar of Rituxan in District of New Jersey

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

Man Who Lost $90m Pirate IPTV Suit Slams DISH in Response to New Lawsuit

Unpacking IDC v Lenovo (Part I): The approach on unpacking and comparing prior licence agreements

SpicyIP Weekly Review (July 1-July 7)

Court Finds Tweet To Be Fair Use

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Biosimilars in 2020: What’s Ahead

Y2Mate: Massive YouTube-Ripping Service Blocks US & UK Visitors

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

Biosimilars 2020 Year in Review

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

Collective rights management and abuse of dominance: Court of appeal of Brussels applies the CJEU principles in a major Belgian festival case

Patent Eligibility Jurisprudence

A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)

Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

Unpacking IDC v Lenovo (Part III): $0.175 per cellular unit

Quick Links from the Past Year, Part 2 (Copyright)

‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

SpicyIP Weekly Review (February 05- February 11)

Biosimilars 2021 Year in Review

Which VPN Providers Really Take Privacy Seriously in 2023?

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

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