SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

JD Supra Law

MAY 11, 2023

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. and consider their implications on U.S. This series of articles – directed at U.S. European parallel.

Contracts 102

Contracts Litigation Patent 102

Patently-O

FEBRUARY 7, 2023

Mo 2023) Bayer and its subsidiary Monsanto have filed a new set of patent infringement lawsuits against farmers who saved seeds and replanted them in violation of Monsanto Roundup Ready patents and license agreements. Jan 25, 2023) Bayer CropScience LP v. Jan 25, 2023) Bayer CropScience LP v. Bayer CropScience v. Pierce, et al.

Litigation 75

Litigation Patent Patent Infringement Contracts 75

The IP Law Blog

JANUARY 19, 2023

Genius sued Google for breach of contract over music transcriptions. The petition states that the Court must clarify whether the Copyright Act’s preemption clause permits a plaintiff to use “state-law contract remedies to enforce a promise not to copy and use its content.” Next up, we have Genius v. Finally, we have Green v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

JD Supra Law

MAY 10, 2023

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. and consider their implications on U.S. This series of articles – directed at U.S. European parallel.

Contracts 97

Contracts Litigation Patent 97

JD Supra Law

MAY 15, 2023

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. and consider their implications on U.S. This series of articles – directed at U.S. European parallel.

Contracts 94

Contracts Litigation Patent 94

Copyright Lately

OCTOBER 20, 2024

He dismissed American’s claims for breach of user agreement, conditions of carriage (the rules governing air travel), and tortious interference with contract, ruling they were barred by the statute of limitations. A good example comes from a case I litigated years ago on behalf of Costco.

Copyright 86

Copyright Fair Use Social Media Business 86

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 78

Contracts Artistic Work Copyright Copyright Law 78

The IPKat

SEPTEMBER 4, 2023

The EUIPO published The Baseline of Trade Secrets Litigation in the EU Member States in 2018. On 28 June 2023, the EUPIO published the follow-up report , Trade Secret Litigation Trends In The EU , focusing on trends in trade secrets litigation since the implementation of the Directive.

Reporting 72

Reporting Litigation Contracts Publishing 72

Technology & Marketing Law Blog

JULY 14, 2023

You’d think that if that claim is your strongest/only claim, you’d go ahead and give up, but I’m not a litigator so what do I know? The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. Google LLC , 2023 WL 4372701 (N.D. Case citation : Divino Group LLC v.

Contracts 98

Contracts Blogging Litigation Licensing 98

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. The Plaintiffs also claim that the contract granted Cardinal a limited, irrevocable, and nonexclusive license to use the drawings, specifications, calculations, etc. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

The IPKat

NOVEMBER 24, 2023

The perennial topic of anguish, anger, anxiety, annoyance, etc amongst patent attorneys and litigators, alike. Patent litigation strategists are not just plotting out their timelines of national proceedings v EPO, but also the UPC. So, very similar to the national courts of most EPC contracting states.

Contracts 115

Contracts Journalism Litigation Publishing 115

The IPKat

APRIL 2, 2024

Andrew Lykiardopoulos KC and Henry Edwards of 8 New Square presented the highlights of the 2023 patent cases in the form of a Christmas menu, including culinary delicacies such as Turkey with Apixaban Sauce and Caviar by Ocado. Over to Ada : "Before the starters, the chefs served hors d'oeuvres consisting of some outcomes from 2023.

Reporting 64

Reporting Patent Invention Litigation 64

Trading Secrets

DECEMBER 5, 2023

We invite you to watch our highly anticipated webinar, where Seyfarth Shaw LLP’s leading attorneys in non-compete law skillfully guide you through the intricacies of non-compete agreements in the United States, focusing on the latest updates in 2023. California recently enacted two new non-compete laws.

Contracts 64

Contracts Editing Law Litigation 64

Technology & Marketing Law Blog

APRIL 26, 2023

Although we have experienced a technological revolution in the way parties communicate, technological innovation has not altered these fundamental principles of contract formation… there is no evidence that the email allegedly sent to drivers adequately notified drivers of the update. ” Judge Graber dissents in part.

Contracts 105

Contracts Copying Technology Licensing 105

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JULY 29, 2023

Davis argued that the TOSes are contracts of adhesion. Nor can Davis point to a single instance of a court finding the Meta Forum-Selection Clause invalid as a product of a contract of adhesion. This will produce litigation tsunamis and likely inhibit content moderation decisions that promote healthy communities. July 26, 2023).

Social Media 98

Social Media Contracts Law Litigation 98

Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. The Defendant argues (1) that breach of contract (essentially downloading in violation of the terms and conditions) is preempted by copyright law, and (2) that the copying was fair use.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

JD Supra Law

SEPTEMBER 25, 2023

On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed at U.S. and consider their implications on U.S. This series of articles – directed at U.S.

Contracts 68

Contracts Litigation Patent 68

Technology & Marketing Law Blog

APRIL 1, 2023

Maritas, 2023 WL 2726030 (E.D. March 30, 2023) * * * BONUS 1: Edelmania Productions, LLC v. Jordan Service, 2023 WL 424238 (C.D. Patrick, 2023 WL 2478550 (E.D. March, 13, 2023): on February 4, 2020, Bar-Z submitted a DMCA notification to Google Play and Apple that App Star’s applications needed to be taken down.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

NOVEMBER 2, 2023

In the spring of 2021, he relocated to Montana and revamped his contracting business. Even pro se litigants typically recognize these cases are doomed and rarely file them any more. 2023 WL 7165042 (D. Duffer complains that he received no new business through Nextdoor after those negative reviews were left online. Nextdoor, Inc.

Contracts 98

Contracts Business Blogging Law 98

Patently-O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. 2023-1795 (Fed. After an extended bit of patent litigation, the parties entered a 2014 settlement agreement that included a mutual covenant not to challenge each other’s patents again until 2021. DexCom at 9.

Patent 64

Patent Contracts Settlement Patent Infringement 64

JD Supra Law

SEPTEMBER 19, 2023

On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed at U.S. and consider their implications on U.S. This series of articles – directed at U.S.

Contracts 65

Contracts Litigation Patent 65

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. The contract adjustment mechanism and other contractual safeguards explicitly apply to commissioned works and work-for-hire ex Art. 19 CDSM Directive.

Art 105

Art Contracts Publishing Licensing 105

LexBlog IP

MAY 16, 2023

What You Need To Know From 1 June 2023, a new EU unitary patent system (UPS) will become fully effective. There is a sunrise period prior to 1 June 2023, during which EPs can be opted out of the UPC’s jurisdiction before those EPs can be pinned in proceedings before the UPC.

Contracts 52

Contracts Patent Design Designs 52

Technology & Marketing Law Blog

DECEMBER 8, 2023

The court disagrees: Meta operates online services across the globe—even Wise Guys consist of users located throughout the United States—so Meta included this forum-selection clause limiting litigation to California, its principal place of business. 2023 WL 8434452 (N.D. 4, 2023) Also noted: Reaud v. 2023 WL 8455206 (D.

Social Media 98

Social Media Law Litigation Blogging 98

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Two key issues have generated much argument, relating respectively to the inputs to and outputs from large models.

Copyright 135

Copyright Ownership Social Media Licensing 135

IPilogue

MARCH 8, 2023

This situation is exacerbated by the risk of litigation, as lawsuits are a legitimate consequence of a privacy breach. Ongoing activity in the privacy breach litigation space calls for organizations to re-examine their privilege strategies and prepare for potential scrutiny that may occur in the event of a dispute.

Privacy 105

Privacy Confidentiality Litigation Reporting 105

JD Supra Law

JUNE 2, 2023

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. and consider their implications on U.S. This series of articles – directed at U.S. European parallel.

Contracts 55

Contracts Litigation Patent 55

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Shatrughan Kumar AKA Khesari Lal Yadav and Ors. Manju Singhal v. W R Grace v. Saurav Chaudhary v.

Registration 105

Registration Trademark Copyright IP 105

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. The following is a recap of some of the top five legal decisions and developments in the biosimilars and biologics space in 2023 that we covered on the Big Molecule Watch. 271(e)(4)(D).

Settlement 40

Settlement Litigation Patent Reporting 40

TorrentFreak

AUGUST 2, 2023

In February 2023, after reaching settlements with three defendants, a California court rejected Bungie’s request for a $2.2m The sale and use of cheat software “violates a raft of federal and state laws, breaches users’ contracts with Bungie, and is a basis for significant tort liability,” Bungie writes.

Copyright Infringement 98

Copyright Infringement Contracts Copyright Business 98

Patently-O

NOVEMBER 27, 2023

An exotic insurance product has recently taken the litigation world by storm. 1] Now, it’s hard to avoid; a brief Internet search will turn up hundreds of hits and dozens of explainer articles by insurance brokers, law firms, and litigation funders extolling the benefits and pitching such policies to appellants. 14, 2023). [3]

Settlement 83

Settlement Litigation Branding Branding 83

Trading Secrets

FEBRUARY 6, 2024

We saw an increasing hostility towards restrictive covenants by certain judicial officers in the Delaware Chancery Court, including employment and equity agreements with out of state executives, with notable differing view in recent Delaware Supreme Court case , which reaffirmed Delaware’s deference to parties’ freedom to contract.

Confidentiality 59

Confidentiality Contracts IP Law 59