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.” The SAD Scheme capitalizes on weak spots in the Federal Rules of Civil Procedure, judicial deference to IP rightsowners, and online marketplaces’ desire to reduce their liability exposure.

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IP Watchdog

JULY 17, 2024

The Administrative Procedure Act (APA), a foundation in U.S. Patent and Trademark Office (USPTO) examination and post grant proceedings, in patent and trademark federal court cases and in International Trade Commission (ITC) proceedings, has been implemented more or less faithfully under U.S.

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Intellectual Property Trademark Business Patent 101

Technology & Marketing Law Blog

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” These TROs produce substantially more benefits to rightsowners than the standard notice-and-takedown procedure that has dominated IP enforcement for the past quarter-century.

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IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. There are notable exceptions. In Pyrrha Design Inc.

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IP Watchdog

JUNE 25, 2024

The first half of 2024 has been a significant one for IP in Europe. This article does not attempt a comprehensive review of all IP developments across Europe in 2024, not least because the detail of the Unified Patent Court’s (UPC’s) decisions and operations are outside the scope of the article.

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The IPKat

MAY 26, 2023

Last year, former GuestKat Jan Jacobi reported both the Warsaw District Court’s Referral to the CJEU and AG Rantos’ Opinion on the TB v Castorama Polska and Knor litigation (see IPKat posts here and here ). Article 4(a) refers to the ‘holders of intellectual property rights’ being entitled to apply for an Article 8 request.

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IP Watchdog

AUGUST 2, 2021

A highly creative and successful writer, producer and performer, Prince was also a savvy IP strategist, who sought to control his work, name and image. He also railed against his record company, which sought to assert ownership rights over his catalogue and name.

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Intellectual Property Music Ownership IP 137

43(B)log

OCTOBER 1, 2022

Maltbie: Article of manufacture definitions, as Burstein has written about. Is the text that defines the article or is it the drawing? Virtual designs: how do you get potential IP protection on the design patent side for designs that don’t exist in physical space? Q: important issues now?

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Intellectual Property Design Patent Law Designs 83

LexBlog IP

OCTOBER 12, 2021

This well written article by Martha M. from Medical Economics , provides insight into the many aspects of intellectual property law as it relates to the medical profession. As an additional point regarding the discussion of patent law, it must be kept in mind that patent litigation costs are not inexpensive.

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LexBlog IP

FEBRUARY 15, 2023

There are, however, several challenges related to obtaining IP protection for algorithms in China. Lack of IP protection may expose the development to theft, infringement and misuse by Chinese competitors and it may result in huge economic losses for the developers. But rights holders must be prepared.

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The IPKat

APRIL 22, 2024

Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. As an added bonus, participants will have the exclusive opportunity to attend a hearing at the Court of Justice of the European Union in Luxembourg.

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Intellectual Property Law Intellectual Property IP Litigation 60

IPilogue

OCTOBER 20, 2021

The US has started a worldwide complaint about China’s new legal strategy against intellectual property (IP) theft claims. Since the beginning of 2020, four claims of IP theft have gone to Chinese courts. These injunctions help prevent identical intellectual property thefts in multiple jurisdictions.

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IP Watchdog

JANUARY 1, 2023

Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers. Since this is the most significant happening in this space with respect to IP in 2022, this post will provide an overview of that activity as well as a summary exposure analysis.

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SpicyIP

JANUARY 20, 2024

While the question made sense ever since I read the post, it started making more sense (and bothering me more) after working on the SpicyIP Open IP Syllabus where I witnessed a relative “over-accessibility” of US-European IPR scholarship. I began to wonder – are there actually fewer IP scholars in India (or the Global South in general)?

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IPilogue

JANUARY 18, 2023

Mac Mok is an IP Innovation Clinic Senior Fellow and a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. This semester, I participated in Osgoode’s Intellectual Property (IP) Law and Technology Intensive program (IP Intensive).

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IP Intellectual Property Government Technology 119

IP Watchdog

MAY 15, 2024

Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman made of attendees of IPWatchdog’s Patent Litigation Masters 2024 program on Monday, imploring them to “think creatively” to solve the intellectual property problems of today. That was the request U.S.

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Litigation Intellectual Property Patent Law 57

SpicyIP

MARCH 27, 2024

So, we dive into the dispute over the role of scientific advisers versus expert evidence in IP litigation. The decision comes at a very interesting stage of IP discussion especially in a globally reclusive IP forum in India, albeit for the sake of inspiration and education. What about our ‘reclusive’ IP forum in India?

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Litigation IP Intellectual Property Patent 59

IP Watchdog

APRIL 9, 2024

District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film.

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IPilogue

AUGUST 11, 2021

The past few years have witnessed some astounding advances in artificial intelligence, with high profile breakthroughs, such as software now in use autonomously diagnosing disease , algorithms that can design new microchips better than teams of people , and machines that can write interesting articles.

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IP Watchdog

APRIL 9, 2024

District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son, respectively, of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film.

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Copyright Infringement Publishing Copyright Litigation 98

Trading Secrets

APRIL 4, 2022

Seyfarth partner Jesse Coleman and associate Kevin Green authored an IP Litigator article focused on a recent DTSA/TUTSA lawsuit which involved the public disclosure of alleged trade secret in an expired patent. Read the full article from the March / April 2022 edition of IP Litigator here.

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Editing Litigation IP Patent 59

IP Watchdog

FEBRUARY 20, 2024

Supreme Court issued an order list that denied petitions for writ of certiorari filed in at least five intellectual property cases. While none of these cases induced large numbers of amici to ask the Court to grant cert, they do represent several current issues in IP law that remain unaddressed.

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IP Watchdog

MAY 25, 2022

Day two of IPWatchdog’s Patent Litigation Masters Program yesterday included panels on IP Finance, Mega Verdicts in Patent Litigation, Expert Witnesses and the Fintiv Saga. During the latter panel, former U.S.

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IP Watchdog

NOVEMBER 10, 2021

Faegre Drinker is actively recruiting a litigation associate to join their thriving Intellectual Property practice. or Wilmington offices.

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IP Watchdog

NOVEMBER 8, 2023

The Senate Subcommittee on Intellectual Property held a hearing today featuring witnesses who weighed in on the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, which was introduced in June by Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL) and Mazie Hirono (D-HI).

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The IPKat

APRIL 14, 2024

Check out the latest IP events, news, and opportunities! Read the article here. The program includes life sciences and artificial intelligence, Unified Patent Court (UPC) litigation, EU Data Act requirements, IP management topics across diverse fields and countries, and a gala dinner. 5 th IP Case Law Conference.

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IP Watchdog

SEPTEMBER 8, 2021

Intangibles, and particularly intellectual property, are curious assets. Yet – as most IP-rich companies know – leveraging the value of intellectual property to secure a financing has traditionally been very hard to do. And yes, some litigation finance deals provide for operating expenses.

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IP Watchdog

MAY 7, 2024

Intellectual property litigation in the 21st century has brought to the fore systems for asserting infringement in which IP owners may be spared some of the huge expense of litigation by “routing” extra-judicial enforcement activities through a third party.

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Intellectual Property Litigation IP Patent 62

IP Tech Blog

APRIL 25, 2023

Every year, on April 26, intellectual property organizations around the world observe “ World IP Day ” – an event established by the World Intellectual Property Organization (WIPO) to raise awareness of patents, copyrights, designs, and trademarks, and to celebrate the creativity and contributions of inventors, authors, artists and entrepreneurs.

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The IPKat

MAY 5, 2024

The IPKat brings you the latest IP events, news, and opportunities! The Webinar will feature current program students presenting their latest articles on cutting-edge IP topics, as published in the Journal of Intellectual Property Law and Practice and The IPKat. This event will be held in-person only.

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IP Close Up

AUGUST 30, 2022

“Few people outside of the innovation ecosystem understand the value of intellectual property,” reports Forbes in an article out this week, “Who is Intellectual Property For? Continue reading.

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IP Watchdog

JANUARY 18, 2023

Engagement in proactive IP litigation by global companies is the bedrock of trademark enforcement, and Adidas is no stranger to this strategy. Since 2008, this athleisure accessories manufacturer has consistently protected its intellectual property by signing over 200 settlement agreements and fighting more than 90 court battles.

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IPilogue

OCTOBER 15, 2021

Ashley Moniz is the Managing Editor of the IPilogue and the Assistant Director of IP Osgoode. . On October 15, 2008, at the Four Seasons Hotel in Toronto, IP Osgoode was officially launched. Known as Osgoode Hall Law School’s Intellectual Property Law and Technology Program, Prof. IP Innovation Clinic. Under Prof.

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IP Law 360

DECEMBER 23, 2021

While the nascent nonfungible token marketplace's intellectual property landscape was the hottest topic this year, Law360 guest experts also dug into the U.S.

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IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. David Vaver. Copilot or Co-Conspirator?

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IP Watchdog

NOVEMBER 30, 2023

Patent and Trademark Office (USPTO) have reached different conclusions regarding “the creative and conceiving capabilities of machines,” which leads to intellectual property (IP) law being self-contradictory. Copyright Office (USCO) and the U.S.

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IP Watchdog

NOVEMBER 29, 2023

Several attorneys associated with patent monetization firm IP Edge are being referred to their state disciplinary bars, the Texas Supreme Court's Unauthorized Practice of Law Committee, the U.S. district court without disclosing the interests of IP Edge, which stood to gain 90% of the gross recovery from the asserted patents.

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