IP Watchdog

JANUARY 10, 2022

In that ruling, the Federal Circuit found that Apple’s choice to enter a patent licensing agreement with Qualcomm covering the patents-at-issue extinguished Article III standing as to Apple’s appeals from the Patent Trial and Appeal Board (PTAB).

Licensing 105

Licensing Patent Invention Patent Infringement 105

SpicyIP

AUGUST 12, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? This failure is perhaps typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs, that we’d like to discuss today. Readers can access posts by Rahul here. .

Licensing 134

Licensing Government Reporting Patent Law 134

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.

Licensing 63

Licensing Music Reporting Litigation 63

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

Licensing 110

Licensing Law Patent Patent Infringement 110

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.

Patent 63

Patent Patent Infringement Technology Licensing 63

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.”

Licensing 105

Licensing Patent Trademark Government 105

Traverse Legal Blog

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.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

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).

Licensing 68

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.

Music 104

Music Licensing Copyright Settlement 104

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. Did the initial NFT buyers even know their NFT license was subject to an upstream license that might expire?

Licensing 98

Licensing Trademark Contracts Branding 98

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.

Licensing 77

Licensing Law Technology Litigation 77

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.

Licensing 40

Licensing IP Art Business 40

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.

Publishing 128

Publishing Licensing Law Copyright 128

Velocity of Content

JULY 31, 2024

These misunderstandings extend to content used in end user applications of AI, such as the summarization of collections of articles, interrogation of documents for insights, automation of literature screening, and creation of visualizations of content sets, among others. These cases are still being litigated. True or False? It depends.

Copyright 98

Copyright Fair Use Licensing Copyright Infringement 98

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.

Journalism 52

Journalism Licensing Due Diligence Ownership 52

Patently-O

AUGUST 11, 2024

by Dennis Crouch The newest patent-focused petition for writ of certiorari to the Supreme Court was recently filed by Zebra Technologies , challenging the Federal Circuit’s determination that the a patentee had standing to sue for infringement even though a third party separately held rights to assign, license, and enforce patent rights.

Patent 48

Patent Licensing Litigation Patent Infringement 48

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.

Licensing 74

Licensing Intellectual Property Patent Patent Infringement 74

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.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

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.

Licensing 58

Licensing Government Patent Patent Infringement 58

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.

Licensing 126

Licensing Fair Use Copying Copyright 126

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).

Patent 131

Patent Licensing Litigation Marketing 131

Plagiarism Today

MAY 18, 2022

However, for every site that offers free stock photography, there are dozens of articles saying why you shouldn’t use them. These articles come from a variety of sources including publishing blogs , sites that help those that run churches and even sites that help photographers enforce their images. Reasons to Calm Down (Some).

Licensing 304

Licensing Copying Public Domain Copyright 304

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. 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. I can see the appeal of this question, as it is fundamentally interesting and futuristic. These cases are not against AI.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Patently-O

JULY 9, 2024

In our new draft article, Fixing Double Patenting , we argue that this outcry is unwarranted. Our article provides comprehensive new evidence on the surprising extent of double patenting, particularly for important categories of patents. Portions of this post are adapted from our article, which is available on SSRN.

Patent 117

Patent Invention Inventor Litigation 117

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. grants for the first half of 2021.

IP 120

IP Litigation Inventor Licensing 120

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.

Licensing 115

Licensing Law Copyright Copyright Law 115

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected.

Copyright 245

Copyright Trademark Cease and Desist Copying 245

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.

Licensing 63

Licensing Patent Litigation Technology 63

Bio Law Blog

MAY 31, 2023

Head of Life Sciences Irena Royzman authored a Law 360 article titled “High Court Amgen Patent Ruling Promotes Medical Innovation” on May 22, 2023. The article discusses the impact of the U.S. Sanofi on medical innovation, patent litigation, licensing and preparation of patents. Read the full article here.

Patent 52

Patent Licensing Litigation Law 52

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!)

Litigation 80

Litigation Law Patent Invention 80

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. IJR argued that Philpot provided free licenses to the work. Nature of the Work.

Fair Use 90

Fair Use Licensing Copyright Marketing 90

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.

Licensing 52

Licensing Intellectual Property Law Technology 52

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 78

Related Rights Publishing Licensing Contracts 78

Velocity of Content

JULY 31, 2024

These misunderstandings extend to content used in end user applications of AI, such as the summarization of collections of articles, interrogation of documents for insights, automation of literature screening, and creation of visualizations of content sets, among others. These cases are still being litigated. True or False? It depends.

Copyright 52

Copyright Fair Use Licensing Copyright Infringement 52

IAM Magazine

OCTOBER 26, 2021

Royalty rates to assess the inter-group transfer of intangible assets (eg, intangibles or intellectual property) are the subject of persistent tax controversy in transfer pricing, including multibillion-dollar litigations involving Coca-Cola and Medtronic.

Licensing 98

Licensing Intellectual Property Litigation 98

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 (..)

Licensing 52

Licensing Settlement Music Litigation 52

Plagiarism Today

OCTOBER 4, 2022

Last week, Moss summarized the history of the case in an article that is well worth reading. Implied License – Second, Take-Two could have argued that, by placing the tattoo on Randy Orton, that Alexander granted an implied license for it to be used as part of his image, including on TV, film and video games.

Copyright 207

Copyright Fair Use Licensing Copyright Infringement 207