IP Watchdog

MAY 17, 2024

On May 16, the Mechanical Licensing Collective (MLC), a non-profit entity responsible for administering blanket licenses enacted by the Music Modernization Act (MMA), filed a lawsuit in the Southern District of New York alleging that Swedish streaming media company Spotify has failed to meet its royalty obligations for MMA blanket licenses.

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LexBlog IP

SEPTEMBER 20, 2021

In the attached article , we examine some of the differences between these types of marketplaces and business models, highlight some of the varying license terms of these marketplaces and discuss why IP owners who license their IP for NFTs often are best served by developing their own licenses to be used in connection with sale of their NFTs.

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IP Watchdog

MARCH 2, 2022

s suit against several standard-essential patent holders and their licensing agent, claiming violations of federal antitrust law and state law. Court of Appeals for the Fifth Circuit on Monday vacated and remanded a district court decision that had dismissed Continental Automotive Systems, Inc.’s

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IP Watchdog

MAY 2, 2024

In so doing, the Federal Circuit found that Article III standing was not extinguished by the plaintiff’s default on a patent security agreement that granted a secured third party the right to assign the patents at issue in the appeal. Zebra Technologies Corp.

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IP Watchdog

OCTOBER 16, 2023

told the Patent Trial and Appeal Board (PTAB) that threats made by ASSA ABLOY Global Solutions “to file IPR petitions and a declaratory judgment action unless granted a free license to three valuable patents,” among other allegations, “runs directly counter to the purpose and goals of the post-grant administrative challenge system.”

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Traverse Legal Blog

APRIL 6, 2022

” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game. The brand licensing deal apparently had a ‘term’ that expired. F1 did not renew the license. It is also a valuable and hard lesson for all NFT projects, brands, and IP owners.

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IP Watchdog

FEBRUARY 14, 2024

On February 12, the Mechanical Licensing Collective (MLC) filed a lawsuit against streaming music company Pandora Media in the Middle District of Tennessee seeking unpaid royalty fees for blanket licenses under the Music Modernization Act (MMA).

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Licensing Music Technology Litigation 68

IP Watchdog

SEPTEMBER 30, 2021

On September 27, the National Music Publishers’ Association (NMPA) and online game platform provider Roblox announced that the two parties had settled ongoing copyright litigation in the Central District of California over Roblox’s unauthorized use of copyrighted music on its online gaming platform.

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IP Watchdog

DECEMBER 26, 2021

This is Part II of a two-part article discussing FRAND (fair, reasonable, and non-discriminatory) licensing developments taking place in the United States in 2021. After a slow summer on the FRAND licensing front, the Court of Appeals for the Fifth Circuit’s ruling in the matter of HTC v. Read Part I here.

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Licensing Law Technology Litigation 77

Kashishipr

FEBRUARY 2, 2022

Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share. However, keep in mind that using your IP assets to support the current and future market position of your business can prove to be a major challenge. Managing the IP Portfolio Well.

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IP Watchdog

NOVEMBER 4, 2021

It was another banner week in district court complaints, led primarily by a deluge of new IP Edge complaints—49 in all, by my count—including newer subsidiaries (like Wiesblatt Licensing or Hickory IP) and old mainstays like Moxchange and Tunnel IP (over a dozen entities in total).

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IP Watchdog

JULY 17, 2024

Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Backertop Licensing LLC v. On July 16, the U.S. Canary Connect, Inc. affirming a pair of orders entered by U.S. District Judge Colm Connolly of the District of Delaware.

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IP Watchdog

FEBRUARY 17, 2022

District Court for the District of Maryland when the court granted their request for a preliminary injunction enjoining enforcement of the Maryland Act, which essentially calls for compulsory licensing of electronic literary works to libraries on “reasonable terms”. The law went into effect on January 1, 2022. Copyright Act.

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LexBlog IP

SEPTEMBER 2, 2022

Without thorough due diligence, purchasers may be exposing themselves and their companies to costly litigation, unforeseen limitations on use of the software and, even, unexpected competition. READ THE ARTICLE IN THE LICENSING JOURNAL HERE. READ THE ORIGINAL POST HERE.

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IP Watchdog

APRIL 21, 2023

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures.

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Licensing Intellectual Property Patent Patent Infringement 74

The IPKat

APRIL 14, 2024

Check out the latest IP events, news, and opportunities! Read the article here. The Licensing Executives Society International (LESI) annual conference will be held from 28 to 30 April 2024 in Madrid, Spain. 5 th IP Case Law Conference. Lecture ‘The Impact of Artificial Intelligence on IP Law in the World of Fashion’.

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IP Watchdog

APRIL 10, 2024

A spate of recent lawsuits is shining light on how some generative AI (GenAI) companies are using copyrighted materials, without permission, as a core part of their products. Among the most recent examples is the New York Times Company’s’ lawsuit against OpenAI, which alleges a variety of copyright-related claims.

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IP Watchdog

DECEMBER 21, 2023

With respect to patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2023 saw many interesting developments.

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SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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IP Watchdog

APRIL 23, 2023

The European Union is reportedly considering sweeping new regulations for the licensing and litigation of standard essential patents (SEPs), which make fair-minded observers wonder whether any sane adults are in charge at the European Commission (EC).

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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. Top 10 Most Read IPilogue Articles Published in 2021.

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IP Tech Blog

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. licensing, assignment, JVs, cooperation and co-development etc.)

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The IPKat

JUNE 30, 2022

In IP infringement cases, the compensation of extrajudicial/out-of-court costs is a tricky subject. This creates tension with two rights provided under the Enforcement Directive ( Directive 2004/48 ), namely the right of compensation of damages as mentioned in article 13 and the right to be reimbursed legal costs as set out in article 14.

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LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. For example, companies pursuing patent protection in both the US and the EU should keep in mind a few key differences between these two jurisdictions to avoid losing valuable IP rights. In Europe, Article 123(2) EPC sets very strict requirements for amendments to patent applications.

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LexBlog IP

APRIL 13, 2022

If so, you should consider the caveats and points highlighted in this brief article before finalizing your license or purchase. You may not get everything you think you’re entitled to get, and you may even be unknowingly exposing yourself and your company to costly litigation and unexpected competitors.

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IP Due Diligence Ownership Licensing 52

IP Watchdog

FEBRUARY 1, 2022

Nevertheless, there is an alarming new trend of states pursuing laws that would force publishers, many of whom are also authors, to grant licenses to public libraries for access to their digital works, such as eBooks and audiobooks.

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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. Register here to attend.

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IP Watchdog

DECEMBER 27, 2023

In Part I of our year end summary of key developments regarding patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, we looked at various developments involving patent pools and reviewed some interesting damages awards and interlocutory decisions.

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The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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IP Watchdog

SEPTEMBER 8, 2021

Yet – as most IP-rich companies know – leveraging the value of intellectual property to secure a financing has traditionally been very hard to do. Yes, the litigation finance industry offers capital to intellectual property owners who need to finance the tremendous expense of intellectual property enforcement litigation.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 22, 2021

However, broadly integrating cellular technology into automotive products may implicate Standard Essential Patents (SEP) and Fair, Reasonable, and Non-Discriminatory (FRAND) licensing issues. This article discusses how this exposure may occur. AV Communication. SEPs & FRAND in the Telecommunications Industry.

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Licensing Intellectual Property Law Technology 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

patent applications have mimicked the larger investment in AI technologies, AI-related IP disputes have lagged behind consumer adoption. Even at the Patent Trial and Appeal Board (PTAB) – one of the busiest forums for IP disputes – very few cases directly involve AI technologies. Read the full article on Bloomberg Law.

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IP Watchdog

DECEMBER 9, 2022

This week in Other Barks & Bites: the Office of the United States Trade Representative says it supports delaying a decision to extend the waiver of IP rights under the TRIPS Agreement to diagnostics and therapeutics and orders an investigation be conducted on the matter by the U.S.

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IP Patent Infringement Licensing Litigation 58

IP Watchdog

JULY 14, 2023

Patent and Trademark Office issues a final rule formalizing its Diversion Pilot Program and making other changes to agency practice; the Third Circuit affirms a default judgment for several litigation delays in a trademark case; Huawei announces that it earned $560 million in patent licensing revenues last year; the FTC announces an investigation into (..)

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Licensing Settlement Music Litigation 52

IP Watchdog

DECEMBER 20, 2022

While 2022 was somewhat less eventful than 2021 in terms of significant developments in fair/reasonable and non-discriminatory (FRAND/RAND) licensing occurring in the United States, the past year still did not disappoint and underscores the continued and growing interest from government in the standards related patents space.

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Licensing Government Patent Patent Infringement 68

IP Watchdog

NOVEMBER 9, 2021

A judge has affirmed the ability of the UK courts to settle FRAND terms of a patent license covering foreign patents, despite the defendants challenging the court’s jurisdiction. He explained: “[I]t does encourage expensive parallel litigation in several jurisdictions and more uncertainty than is necessary.

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