IP Tech Blog

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 98

Litigation Patent Intellectual Property Branding 98

The IPKat

OCTOBER 30, 2023

In the recent UK case of Philip Morris v BAT [2023] EWHC 2616 (Pat) , His Honour Justice Hacon (Hacon HHJ) considered the standard for invalidity due to added matter. Case Background: "Heat not burn" Philip Morris (PM) and BAT both market so-called "heat-not-burn" devices as alternatives to conventional cigarettes. Smoke Free World. "

Invention 116

Invention Patent Application Patent Drafting Patent 116

Velocity of Content

APRIL 26, 2023

Registration records, however, can only provide one piece of the puzzle because registration is not mandatory for copyright protection (though it is necessary to go to court over infringement of a US work or to seek certain types of compensation in litigation).

Intellectual Property 98

Intellectual Property Registration Intellectual Property Law Marketing 98

SpicyIP

FEBRUARY 21, 2025

This case is crucial to understand not only the novel concept of Confidentiality Clubs in the Indian IP Litigation but also the issues with regard to the composition of such clubs and the accessibility of the members to confidential information vis-a-vis independently appointed Scientific Advisor. It noted that Serial No.

Confidentiality 103

Confidentiality Litigation Intellectual Property IP 103

Patently-O

JUNE 7, 2023

2023) , the Federal Circuit once again granted a writ of mandamus , ordering a patent infringement case to be transferred out of Judge Albright’s courtroom in the Western District of Texas (WDTX). states, including Texas, is no stranger to litigation in the Lone Star state. This decision was made under the provisions of 28 U.S.C.

Litigation 116

Litigation Privacy Patent Infringement Patent 116

The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. So the market is busy, growing and lucrative. The patent is valid until 21 December 2023.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

JD Supra Law

SEPTEMBER 5, 2024

On July 10, the Senate unanimously passed the Affordable Prescriptions for Patients Act of 2023 (S.150), 150), which seeks to increase competition and lower drug prices by imposing limits on patent litigation related to biological products. By: Knobbe Martens

Patent 107

Patent Litigation Marketing Marketing 107

The IPKat

SEPTEMBER 3, 2024

Brussels Court of Appeal, 30 January 2023, Biogen v. The Court notably considered that such harm would be more difficult to quantify than the harm caused to the patentee in the absence of a PI, as it cannot be evaluated how many generic products might have been sold if the generic company had been able to enter the market.

Litigation 64

Litigation Law Patent Invention 64

Copyright Lately

FEBRUARY 17, 2025

Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision. Judge Bibas acknowledged this in his original 2023 summary judgment ruling, stating that whether Rosss copying was transformative “depends on the precise nature of Rosss actions. A case with potentially limited impact.

Fair Use 69

Fair Use Copying Public Domain Copyright 69

Technology & Marketing Law Blog

MARCH 10, 2023

Ordinarily, hiring an attorney should improve the success rate; but not in this litigation genre. Both pro se and attorney-represented litigants fail equally when it comes to suing services over their editorial discretion. 2023 WL 2414258 (N.D. Alphabet appeared first on Technology & Marketing Law Blog. Alphabet Inc.

Blogging 111

Blogging Litigation Marketing Marketing 111

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. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IPKat

OCTOBER 9, 2023

Amsterdam Kat The IPKat has learned that on, 22-24 January 2023, the Pharma and Biotech Patent Litigation Summit will return to the Anantara Grand Hotel Krasnapolsky in Amsterdam (Netherlands). A UPC Litigation Forum will take place on 22 January too. The IPKat has negotiated a special discount for readers.

Litigation 64

Litigation Patent Editing IP 64

Copyright Lately

OCTOBER 20, 2024

The judge did side with the airline on its copyright infringement claim, ruling that Skiplagged had used American’s flight symbol logo without permission as recently as August 2023. A good example comes from a case I litigated years ago on behalf of Costco. Skiplagged’s disclosures about “hidden city” ticketing.

Copyright 86

Copyright Fair Use Social Media Business 86

Technology & Marketing Law Blog

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” To that end, I am giving a couple of public talks on the paper: Tarrant County Bar Association , Texas A&M Law School, Fort Worth, TX, March 27, 2023. Free RSVP! I would welcome yours.

IP 105

IP Intellectual Property Journalism Settlement 105

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 post Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions appeared first on Copyright Clearance Center. Case 1- Doe 1 v. GitHub Inc.,

Litigation 98

Litigation Fair Use Copying Derivative Work 98

TorrentFreak

FEBRUARY 8, 2023

Nezar Saeed Hammo allegedly acted as Alfa’s marketing manager while Mohammed Abu Oun was identified as the company’s general manager. Then on May 21, 2021, Alfa TV marketing manager Nezar Saeed Hammo filed for bankruptcy in Florida. On January 10, 2023, a stipulation was filed jointly by DISH and defendants Alfa TV Inc.,

Copyright Infringement 138

Copyright Infringement Litigation Copyright Confidentiality 138

JD Supra Law

NOVEMBER 27, 2023

On November 8, 2023, Regeneron Pharmaceuticals Inc. in the district court for the northern district of West Virginia, asking the Court to block Celltrion’s biosimilar product “CT-P42” – Celltrion’s proposed biosimilar of Regeneron’s drug Eylea® (aflibercept) – from entering the United States market. Regeneron Pharmaceuticals Inc.

Litigation 68

Litigation Marketing Marketing 68

JD Supra Law

MARCH 27, 2024

In this article, we provide a further update on developments regarding biosimilars in Canada (approvals, pending submissions, litigation, regulatory, and market access) since our March 2023 update. By: Smart & Biggar

Litigation 77

Litigation Marketing Marketing 77

LexBlog IP

MARCH 6, 2024

In March 2023, Health Canada granted tentative approval for YESAFILI 2 mg vials, subject to resolution of any patent disputes. patent litigation related to biosimilars of EYLEA (aflibercept) can be found on the Big Molecule Watch’s BPCIA Litigation Tracker. Extensive cover of U.S.

Marketing 52

Marketing Marketing Settlement Litigation 52

Patently-O

MARCH 11, 2025

2023-1027 (Fed. This case highlights a significant divergence between the evidentiary standards for proving prior art status in district court litigation versus AIA trials. This case highlights a significant divergence between the evidentiary standards for proving prior art status in district court litigation versus AIA trials.

Art 40

Art Invention Litigation Marketing 40

Technology & Marketing Law Blog

JUNE 16, 2023

” This is the kind of argument only a pro se litigant would make in 2023. ” 22 years later, I guess we’re still litigating that conclusion. Zotos , 2023 WL 3946827 (11th Cir. June 12, 2023) The post Of Course Section 230 Applies to Amazon Reviews–McCall v. Case citation : McCall v.

Litigation 98

Litigation Publishing Blogging Government 98

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

Technology & Marketing Law Blog

OCTOBER 23, 2023

It is theoretically possible that bounty-based private litigation is the best way to enforce a law, but in practice those situations are rare or non-existent. LeBlanc , 2023 WL 6464768 (E.D. LeBlanc , 2023 WL 6464768 (E.D. LeBlanc appeared first on Technology & Marketing Law Blog. The scheme has countless downsides.

Litigation 98

Litigation Law Government Blogging 98

43(B)log

NOVEMBER 6, 2023

2023 WL 7109914, No. Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” In a particularly “yikes” bit, one marketing defendant 1990.

Marketing 59

Marketing Marketing False Advertising Advertising 59

IP Watchdog

FEBRUARY 28, 2023

Microsoft on Monday February 6, 2023, and the CAFC issued its opinion in the case this past Thursday. market for the China-controlled multinational. I attended the hearing at the U.S. Court of Appeals for the Federal Circuit (CAFC) in Maalouf v. This case has curious origins. In other words, a U.S.

Inventor 124

Inventor Patent Infringement Marketing Marketing 124

Technology & Marketing Law Blog

SEPTEMBER 5, 2023

Or was this just a ploy to find any tenable legal theory against YouTube so it could be exploited in future litigation? YouTube appeared first on Technology & Marketing Law Blog. Is it possible that he didn’t keep copies of his own videos? Or did he want the users’ comments for some reason? ” Cites to Daniels v.

Copying 98

Copying Blogging Litigation Marketing 98

JD Supra Law

MARCH 31, 2023

In this article, we provide a further update on developments regarding biosimilars in Canada (approvals, pending submissions, litigation, regulatory, market access and competition) since our last update in June 2022. By: Smart & Biggar

Litigation 52

Litigation Marketing Marketing 52

JD Supra Law

MARCH 30, 2023

A “patent cliff” refers to the end of IP protection for a drug that has enjoyed market exclusivity since its launch. Various types of regulatory exclusivity can occasionally lengthen the protection for drugs, but generally when a drug loses patent protection we begin seeing generic competitors on the market.

Patent 52

Patent Marketing Marketing Litigation 52

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? Practice pointer: YouTube’s lawyers should have scrubbed this language if they reviewed it rather than adding it when there’s pending litigation on this very point).

Contracts 98

Contracts Blogging Litigation Licensing 98

SpicyIP

SEPTEMBER 25, 2023

Adding another leaf to the FCM patent litigation saga, the Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s product in the market. Macleods Pharmaceuticals Ltd , the order dated April 11, 2023, in the case of Vifor (International) Ltd.

Patent Infringement 105

Patent Infringement Patent Marketing Marketing 105

Technology & Marketing Law Blog

NOVEMBER 2, 2023

Even pro se litigants typically recognize these cases are doomed and rarely file them any more. 2023 WL 7165042 (D. Nextdoor appeared first on Technology & Marketing Law Blog. Massachusetts’ anti-SLAPP law is old-school and narrow, so Nextdoor didn’t have the option to invoke anti-SLAPP protection.

Contracts 98

Contracts Business Blogging Law 98

Technology & Marketing Law Blog

MARCH 4, 2023

Implications In the ARK case, I wrote: “Section 230 as a basis for removal isn’t a new issue; Cisneros is directly on point and from 2005; but the question has not been litigated frequently. Xcentric Ventures LLC , 2023 WL 2316200 (S.D. March 1, 2023) The post Ripoff Report Gets a Pricey Lesson on Section 230–Selker v.

Reporting 97

Reporting Blogging Law Litigation 97

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. 2023 WL 3933719 (D.D.C.

Government 110

Government Litigation Advertising Advertising 110

Technology & Marketing Law Blog

JANUARY 19, 2023

” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. However, this case’s litigation approach is problematic. Snap appeared first on Technology & Marketing Law Blog. Despite Doe v.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

Technology & Marketing Law Blog

JANUARY 21, 2023

There are no such facts in the present litigation, which concerns defendants’ decisions to remove, restrict, or demonetize plaintiffs’ videos. Google, LLC, 2023 WL 218966 (N.D. Google appeared first on Technology & Marketing Law Blog. Case Citation : Divino Group, LLC v.

Publishing 105

Publishing Blogging Litigation Marketing 105

Technology & Marketing Law Blog

JULY 29, 2023

I wouldn’t be surprised to see Davis’ future marketing claim that a federal judge has praised him as “sophisticated” LOL. This will produce litigation tsunamis and likely inhibit content moderation decisions that promote healthy communities. 2023 WL 4670491 (E.D. 2023 WL 4764813 (D.N.J.

Social Media 98

Social Media Contracts Law Litigation 98

SpicyIP

AUGUST 11, 2023

Image from here On 24 July, 2023 the Delhi High Court had passed a detailed order in Vifor v. Explaining the nitty gritty of these types of claims, the court refused to grant an injunction to Vifor (the plaintiff) and allowed the defendants to launch their products in the market.

Patent 97

Patent Litigation Marketing Marketing 97