JIPL Online

APRIL 22, 2021

This Blog aims to examine the Hatch-Waxman Act and one of the most significant incentives behind it, a three-year market exclusivity period for the “new clinical investigations.” iv] If deemed insignificant, the new drug is blocked from entering the market by the existing drug’s three-year market exclusivity. [v] Introduction.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

Technology & Marketing Law Blog

AUGUST 25, 2022

” In May 2017, LinkedIn sent hiQ a C&D and blocked its IP addresses. In August 2017, the district court: found that hiQ showed a likelihood of irreparable harm, crediting hiQ’s assertion that the survival of its business was threatened absent a preliminary injunction. hiQ sought relief from the courts.

Cease and Desist 110

Cease and Desist Business Litigation Law 110

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. MGA Entertainment.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

Technology & Marketing Law Blog

MARCH 21, 2022

2017); Parker v. 16, 2017); Richard v. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Biden appeared first on Technology & Marketing Law Blog. 3d 938, 952-53 (N.D. 2020), aff’d , 851 F. App’x 723 (9th Cir. 2021); La’Tiejira v. Facebook, Inc. , 3d 981, 994-95 (S.D. PayPal, Inc.

Social Media 145

Social Media Blogging Government Publishing 145

43(B)log

OCTOBER 11, 2022

Appian disseminated the report through its sales team, social media, and other marketing. I’m proud to work for a company that is not afraid to undertake the unpleasant action of litigating against those whose actions we believe are unlawful and unethical. The BPM market is large.

Marketing 59

Marketing Marketing Business False Advertising 59

Technology & Marketing Law Blog

JUNE 23, 2023

Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. The court says the issue of standing to challenge 230’s constitutionality was already litigated and decisively resolved in AFDI v. Freedom Def. Initiative v.

Government 110

Government Litigation Advertising Advertising 110

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 132

Registration Fair Use Copyright Design 132

Technology & Marketing Law Blog

APRIL 8, 2025

Maritas * 512(f) Plaintiff Must Pay $91k to the DefenseDigital Marketing v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) CaseAutomattic v.

Cease and Desist 52

Cease and Desist Fair Use Copyright Blogging 52

Patently-O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. That provision defines infringement as seeking approval from the FDA to market a drug that is covered by a patent. Sharing marketing and receiving administrative support is insufficient. Celgene Corp.

Business 95

Business Marketing Marketing Patent 95

Technology & Marketing Law Blog

MAY 16, 2022

Several recent court cases spotlight the challenges that messaging apps present in litigation. In particular, these cases show that messaging apps—whose features may cause message content to either be kept or deleted—have an outsized impact on litigation results. by guest blogger Philip Favro. GoDaddy.com LLC , 340 F.R.D.

Blogging 134

Blogging Litigation Intellectual Property Privacy 134

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. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 52

Litigation Patent Intellectual Property Branding 52

Technology & Marketing Law Blog

JUNE 11, 2022

After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. This is a preview of the future of CCB litigation…CAN’T WAIT! in February 2017. 2017 WL 11665339 (SDNY Feb. Wilmont Storage Services, LLC , No. 19-55882 (9th Cir. Dish Network LLC v.

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

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.” That’s what Chisholm Trail High School’s softball team and color guard did in 2017, on Twitter, to under 1000 followers, crediting Bell. at 566–69.”

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Technology & Marketing Law Blog

AUGUST 18, 2022

400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. MGA Entertainment.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

LexBlog IP

FEBRUARY 2, 2023

This installment will focus on NPE litigation as a whole, and what to expect in 2023. On balance, there is a mixed bag of indicators that suggest a slight decline in NPE litigation with the same household names leading the charge. The prevailing view is that litigation generally increases during a recession.

Litigation 40

Litigation Patent Troll Settlement Technology 40

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. .” Amount Taken. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

TorrentFreak

APRIL 29, 2022

LaBossiere comes out swinging, reminding the court that after eight years of Department of Justice litigation, a massive judgment against DISH put the company into financial turmoil. Since 2017, Dish has been struggling to keep its stock price up from its 2015 and 2017 peaks,” LaBossiere’s answer begins.

Television 96

Television Licensing Branding Branding 96

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]). The Judge decided to adopt the same approach as in Unwired Planet v Huawei [2017] EWHC 711 (Pat) and in the US judgment TCL v Ericsson (C.D. 21, 2017) (Selna, J.)

Patent Infringement 87

Patent Infringement Licensing Patent Litigation 87

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law. 3d 14 (2d Cir.

Blogging 98

Blogging Copyright Settlement Ownership 98

SpicyIP

APRIL 15, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. I have also covered the litigative attempts of PPL to continue to issue licenses by getting rights assigned in its favour and cleverly using the first proviso to Section 33(1). PPL’s Revival or Reincarnation? Akshat Agrawal.

Registration 105

Registration Licensing Copyright Litigation 105

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

Litigation 40

Litigation Cease and Desist Patent Infringement Intellectual Property 40

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. It further alleged that Johnson Enterprises intended to “deceive the public as to the source or origin” of its game to benefit from “P&P’s goodwill and reputation in the four in a row market.”.

Copying 98

Copying Marketing Marketing Advertising 98

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v.

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Technology & Marketing Law Blog

MARCH 6, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Babybus appeared first on Technology & Marketing Law Blog. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

TorrentFreak

AUGUST 16, 2021

In 2017 the RIAA sued Grande Communications for failing to take meaningful action against customers who allegedly carried out more than a million BitTorrent-based infringements. Grande Was Given The Chance To Avoid a Lawsuit.

Copyright Infringement 143

Copyright Infringement IP Copyright Reporting 143

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. MGA Entertainment The post Surprise!

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. Libre 2 was launched in October 2020.

Litigation 98

Litigation Patent Marketing Marketing 98

Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. I’ve blogged this case three times before, in 2017 , 2018 and 2020. Remember that point when we consider the litigation costs of the Georgia Supreme Court’s ruling. The Facts.

Designs 97

Designs Design Litigation Blogging 97

Technology & Marketing Law Blog

MARCH 29, 2023

The picture at issue was taken in 2017, and was registered with the U.S. Copyright Office on July 29, 2017. Other cases where Oppenheimer has been a litigant show that he has some licensing history, however minimal. This Final Determination really opens up the market for photographers to file CCB claims for uses.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Kluwer Copyright Blog

FEBRUARY 28, 2024

In this regard, an important precedent lies in the history of US litigation involving Google Books. In other words, Google did not merely copy the books; it made use of them to create a new and valuable product, in the form of the Google Books service, and one that, according to the court, did not compete with the existing market for books.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

Technology & Marketing Law Blog

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. On that front, the plaintiffs’ other key piece of evidence came from a 2017 meeting between YouTube “queer” creators and Google’s Vice President of Product Management, Johanna Wright. The CourtListener page.

Contracts 98

Contracts Social Media Blogging Law 98

TorrentFreak

MARCH 4, 2024

In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages. By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30

Publishing 123

Publishing Social Media Copyright Infringement Copyright 123

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. Next, from the early 2000s until 2017, the primary legal theory that was used to deter web scraping was the Computer Fraud and Abuse Act or the CFAA. And then, in 2017, the famous hiQ Labs, Inc. LinkedIn Corp.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. PermaKat Eleonora Rosati wrote an article about those referrals and summarised it here.

Intellectual Property 69

Intellectual Property Reporting Design Designs 69

IPilogue

OCTOBER 28, 2021

Interestingly, the court noted that Rozier produced evidence which called into question whether Fun World’s mask possessed the requisite originality, given that a third-party created and marketed a similar “Wailer” mask several months before the “Ghost Face” mask was registered. Outside of masks and jewellery, a 2017 U.S. DIY Tricks?

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

The IP Law Blog

MAY 20, 2021

It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. Dropbox launched its Smart Sync feature in 2017 and was previously aware of Ironhawk’s SmartSync mark.

Trademark 98

Trademark Marketing Marketing Business 98

LexBlog IP

NOVEMBER 5, 2021

After giving an excellent summary of Hatch-Waxman Act litigation, the Federal Circuit recounted the history of the action: Celgene filed its first case in May 2017. The defendants-appellees moved to dismiss for improper venue and failure to state a claim in August 2017. Mylan Pharmaceutics Inc.,

Litigation 40

Litigation Patent Business Marketing 40