Copyright Lately

AUGUST 22, 2021

Liebowitz is probably the best known example of a copyright troll, a moniker that one circuit court defined as a someone who brings “strategic infringement claims of dubious merit in the hope of arranging prompt settlements with defendants who would prefer to pay modest or nuisance settlements rather than be tied up in expensive litigation.”.

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Copyright Fair Use Settlement Designs 90

Trading Secrets

JUNE 3, 2022

2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”). 4:19-CV-00402, 2021 U.S. Tex August 4, 2021)(injunction prohibiting use or disclosure of trade secrets does not break causation regarding defendant’s continuing benefit from the misappropriation). Karya Prop.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. Defendant had not obtained the Deposit Design from the Copyright Office. As a result, we’ve seen very, very few successful 512(f) enforcements.

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Registration Fair Use Copyright Designs 113

SpicyIP

FEBRUARY 27, 2024

She was awarded the Junior Research Fellowship (2021-2022) and is presently co-teaching third-year students Labor Law and Industrial Relations II. We’re very excited to see what Malobika’s research finds and her contributions to the discourse around the need for subject matter experts in IP litigation.

Intellectual Property 89

Intellectual Property IP Litigation Law 89

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. US proceedings were filed by PQ against CyberMetrics in October 2017, Mr Aughton was deposed in October 2021 and the proceedings then settled on confidential terms.

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Copyright Infringement Copyright Confidentiality Copying 64

Trading Secrets

JUNE 24, 2021

In the fourth installment of our 2021 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green outlined recent legal developments in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions. Code Section 15.50(a).

Contracts 52

Contracts Confidentiality Litigation Business 52

Indiana Intellectual Property Law

JULY 12, 2021

Per the Complaint, Jarman, Criblez, and Kolb all signed confidentiality agreements in connection with their Watch employment. In January 2021, Watch claims it discovered the principal office address for GRiT was located at Jarman’s personal residence and that Jarman was holding himself out as a GRiT principal.

Cease and Desist 52

Cease and Desist Confidentiality Business Designs 52

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” It’s 2021 FFS. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir. Nirmel, 2021 WL 3475596 (S.D.N.Y. Case citation : Jim S. Adler, P.C.

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Advertising Advertising Trademark Settlement 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.

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Litigation Patent Marketing Marketing 98

Trading Secrets

JANUARY 19, 2022

Foro anticipated that, at the conclusion of the feasibility study, Vita would provide a design of the deployment wheel that provided sufficient detail for manufacturing the equipment. Vita’s conceptual design was therefore readily ascertainable by proper means, and every feature was visually observable.

Patent 52

Patent Designs Design Confidentiality 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

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Trademark Registration Copyright Patent 59

LexBlog IP

SEPTEMBER 27, 2021

after they hired engineers from Motorola’s Malaysian office and allegedly took “thousands of [Motorola’s]’ technical, confidential documents,” and then used that information to invent a radio “that is functionally indistinguishable from [Motorola’s] radios.” 1:20-cv-00053 (ALC), 2021 U.S.

Web Development 52

Web Development Confidentiality Invention Blogging 52

Trading Secrets

JULY 31, 2023

SCCs One of the components of the new SCCs that were adopted in 2021 (which did not exist in the prior version of the SCCs) is the requirement for all SCCs to be accompanied by a transfer impact assessment (“TIA”) [1]. 1] Commission Implementing Decision (EU) 2021/914 Recitals 19 through 21 [2] GDPR, Article 15(4) and Recital 63. [3]

Privacy 52

Privacy Business Law Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. 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.

Litigation 52

Litigation Settlement Marketing Marketing 52

Trading Secrets

NOVEMBER 11, 2022

266, § 30 , which defines a trade secret as “anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement.” June 9, 2021).

Invention 59

Invention Law Litigation Journalism 59

LexBlog IP

NOVEMBER 11, 2022

266, § 30 , which defines a trade secret as “anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement.” 4] 357 Mass.

Invention 52

Invention Law Litigation Intellectual Property 52

LexBlog IP

JULY 15, 2021

On June 16, and then on July 6, 2021, Connecticut Governor Ned Lamont signed into law a pair of bills that together address privacy and cybersecurity in the state. Both laws take effect October 1, 2021. Public Act 21-59. Personal Information.

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Reporting Privacy Business Law 40

SpicyIP

DECEMBER 5, 2022

It seems like there are two issues involved in this litigation- first, regarding use of confidential information and second, concerning passing off. It further argued that the Plaintiff cannot claim confidentiality as both its and the Defendant’s products are made using publici juris. Puma Se vs D.K.

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Trademark Registering Trademarks Registration IP 93

Trading Secrets

DECEMBER 19, 2023

The proposed Rule is the FTC’s first test of the broader powers that it claimed in its November statement, and the proposed Rule is much broader than anything that the Biden Administration had previously hinted at, including in then-candidate Biden’s platform campaign statement or the 2021 executive order.

Confidentiality 52

Confidentiality Litigation Business Law 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. But the real question to me as a litigator is whether this doctrine should become part of the tool bag going forward. 20 CV 10575-LTS-SLC, 2021 WL 827749, at *4 (S.D.N.Y.

Social Media 59

Social Media Contracts Confidentiality Business 59

LexBlog IP

DECEMBER 19, 2023

The proposed Rule is the FTC’s first test of the broader powers that it claimed in its November statement, and the proposed Rule is much broader than anything that the Biden Administration had previously hinted at, including in then-candidate Biden’s platform campaign statement or the 2021 executive order.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

SpicyIP

AUGUST 8, 2021

She agrees with the observation that a broader principle of RTBF was undesirable here, in the interest of judicial transparency that would likely invite litigation from those with influence and means, regardless of the circumstances of the acquittal and what evidence or perceptions it was based on. For further details, please read the post.

Privacy 101

Privacy Journalism Inventor Music 101

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Yes, it’s 2021. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. So yes, here we are in 2021, fighting over whether keyword metatags could be both trademark infringement and counterfeiting. Luxy Limited , 2021 WL 4134839 (C.D. July 13, 2021).

Advertising 101

Advertising Advertising Trademark Settlement 101

SpicyIP

DECEMBER 12, 2022

Delhi High Court however permitted the Defendant to file these documents holding them essential to indicate Defendant’s assertion that the suit design lacks novelty, which it held to be one of the defences available in a patent infringement action. Delhi High Court directs Tata Airlines, Kannada news network to not take coercive action.

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Copyright Infringement Settlement Registration Trademark 97

LexBlog IP

MARCH 27, 2023

In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. The “Chat” in ChatGPT refers to this question-and-answer design, where ChatGPT behaves like a ChatBot. 2021-2347 (Fed. In August 2022, the U.S. See Thaler v.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Trading Secrets

DECEMBER 29, 2022

This year’s series included: 2021 Trade Secrets & Non-Competes Year in Review. Protecting Confidential Information and Client Relationships in the Financial Services Industry. 2021 Trade Secrets & Non-Competes Year in Review. Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally.

Confidentiality 59

Confidentiality Business Law Contracts 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. In fact, although most battery patents relate to technical features of a battery, a recent lawsuit related to design patents addresses a specific visual battery pack housing.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

LexBlog IP

DECEMBER 29, 2022

This year’s series included: 2021 Trade Secrets & Non-Competes Year in Review. Protecting Confidential Information and Client Relationships in the Financial Services Industry. 2021 Trade Secrets & Non-Competes Year in Review. Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally.

Confidentiality 40

Confidentiality Business Law Contracts 40

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.

Licensing 52

Licensing Patent Confidentiality Registration 52

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Gallagher Data Breach Litigation , 631 F.Supp.3d The comments are more akin to a commercial solicitation of a potential customer than a consumer review, and thus fall outside the scope of the CFRA.

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Social Media Privacy Advertising Advertising 74

Technology & Marketing Law Blog

JULY 31, 2022

To the extent the law pretextually claims to be just about disclosure, but is in fact intentionally designed to suppress constitutionally protected speech, then it should be an easy call to declare the law unconstitutional. 2021 CA 004450 2 (D.C. ” In other words, all UGC services. Meta , Case No. Superior Ct. March 9, 2022).

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Social Media Reporting Government Law 111

LexBlog IP

APRIL 20, 2022

See Business Standard article entitled Spring cleaning in the Supreme Court: The new Chief Justice swats frivolous litigation but more measures are needed. In a recent post , I’d written about the Petition For Writ Of Certiorari filed November 15, 2021, in Jim Olive Photography, d/b/a Photolive, Inc., 21-735 (2021).

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

43(B)log

FEBRUARY 3, 2024

Terry (Taorui) Guan, Collaborative Protection of IP: the Case of China Proposed by central gov’t, 2021, experimenting now. Confidential terms, but educational institutions and collaboration exist. McKenna and I wrote a bit about this in Claiming Design. Consider also jury instructions: how do we talk to juries about this?

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IP Marketing Marketing Patent 59