JD Supra Law

DECEMBER 13, 2024

This article is the second in our series on patent litigation strategies for cybersecurity companies. It expands on Tactic #1, Challenge the courts jurisdiction, from our earlier article, Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims.. By: Fish & Richardson

Litigation 71

Litigation Patent Infringement Patent 71

Intellectual Property Law Blog

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 187

Licensing IP Art Business 187

Plagiarism Today

APRIL 5, 2022

When it comes to copyright, the photography space has been especially fraught with litigation and legal threats over the past decade plus. In short, the goal of the service is not to threaten users with litigation, but to bring them on as legitimate customers and provide education about best practices. Bottom Line.

Copyright Infringement 321

Copyright Infringement Copyright Licensing Litigation 321

IP Watchdog

FEBRUARY 2, 2023

The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, argued in a reply brief to the U.S. Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S.

Inventor 126

Inventor Technology Patent Trademark 126

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 334

Licensing Copying Public Domain Copyright 334

Plagiarism Today

AUGUST 11, 2021

Not only does fashion enjoy very limited copyright protection in the United States, but Stein is a Chinese company, making any litigation even more difficult. In the United States, fashion is considered a useful article that, by itself, cannot be protected by copyright. The Good, The Bad and the Ugly of Fast Fashion. Bottom Line.

Plagiarism 264

Plagiarism Designs Design Copying 264

IP Watchdog

JUNE 19, 2023

While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. application and should be addressed in an IDS, and how this information can be used for monetization and litigation.

Patent Application 122

Patent Application Patent Litigation Patent Prosecution 122

Plagiarism Today

AUGUST 3, 2023

Bell is the author of Winning Isn't Normal, but he's made a name as a regular litigant. Author Keith F. Now, he's coming to the CCB. The post ‘Winning Isn’t Normal’ Author Files First Cases with the CCB appeared first on Plagiarism Today.

Plagiarism 246

Plagiarism Litigation Copyright Law Law 246

Plagiarism Today

AUGUST 26, 2021

Note: I am not a musicologist and will offer no commentary on the plagiarism allegations themselves, instead, this article intends to focus on the legal and cultural environment that has set up these disputes.). The answer is likely a bit more complicated than that. Blurred Lines, Legal and Otherwise.

Plagiarism 246

Plagiarism Music Publishing Litigation 246

Plagiarism Today

OCTOBER 4, 2022

This case clearly illustrates how, with copyright, two different cases with nearly identical facts can have wildly different outcomes depending on the court and the litigators involved. Songwriting and Litigation. There’s not much doubt that there is more litigation around songwriting.

Copyright 290

Copyright Music Litigation Plagiarism 290

Intellectual Property Law Blog

SEPTEMBER 13, 2023

Five of the top issues to understand and consider are addressed in this article. A wave of litigations and enforcement actions has swelled. Many other issues can arise. Boards should get educated on these issues and ensure appropriate policies and corporate governance are implemented to manage the business and legal risks.

Government 147

Government Business Litigation Reporting 147

Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. Issues Does Allgenesis have standing under Article III to seek review of the PTAB’s decision? Allgenesis Biotherapeutics Inc.

Marketing 162

Marketing Marketing Settlement Patent 162

IP Watchdog

FEBRUARY 8, 2024

On February 6, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v. Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use.

Fair Use 105

Fair Use Journalism Registration Copyright 105

IP Watchdog

OCTOBER 4, 2024

This week in Other Barks & Bites: Author files class action lawsuit against Meta for copyright infringement; Industry leaders urge Advisory Committee on Civil Rules to clarify third-party litigation; YouTube pulls popular music videos from platform amidst copyright dispute.

Copyright Infringement 105

Copyright Infringement Litigation Copyright Music 105

Plagiarism Today

DECEMBER 12, 2022

The Seuss estate is well-known for being aggressive with litigation. Though we’ve already touched on some in this article, one that definitely needs to be discusses is the myth that Coca-Cola owns Santa Claus. He won that case in September 2017. 4: A Pair of Christmas Copyright Myths. 4: A Pair of Christmas Copyright Myths.

Copyright 312

Copyright Public Domain Music Intellectual Property 312

TorrentFreak

OCTOBER 25, 2022

Emailed Boing Boing Article. Copying isn’t the issue here; it’s the topic of the article that’s important. The article covers a Rightscorp call center script that was surfaced during an earlier lawsuit. The Boing Boing Article. The email contains a copy of a blog post published by Boing Boing.

Music 145

Music Copying Business Blogging 145

Plagiarism Today

OCTOBER 4, 2022

Last week, Moss summarized the history of the case in an article that is well worth reading. Instead, this case was litigated for over four years in regular federal court, at great expense to both sides. There’s surprisingly little copyright litigation in the tattoo space. From Three Defenses to One. Why the Worry?

Copyright 246

Copyright Fair Use Licensing Copyright Infringement 246

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 119

Patent Invention Inventor Litigation 119

IP Watchdog

OCTOBER 15, 2024

The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The litigation that has unfolded in the past year foretells the downstream implications of the Supreme Court ruling, particularly for trademark dilution law.

Trademark 124

Trademark Litigation IP Designs 124

IP Watchdog

JULY 30, 2024

Strong intellectual property rights are a cornerstone of the modern American economy. When inventors and creators know that their work will be protected, they are more likely to invest time, money, and resources into developing new ideas and technologies.

Litigation 98

Litigation Intellectual Property Inventor Copying 98

Plagiarism Today

JUNE 28, 2022

We’ve seen mass litigation against news agencies , paparazzi repeateldy sue celebrities over Instagram post and lots of demand letters filed on behalf of photographers. The cost of litigation meant that, in many cases, demand letters had no teeth. This has led us down some difficult paths.

Copyright 264

Copyright Litigation Plagiarism Copyright Infringement 264

IP Watchdog

OCTOBER 15, 2024

There are two distinct procedures available to parties for resolving patent infringement matters in China: an administrative procedure before the IP office and a civil procedure before the courts.

Patent Infringement 104

Patent Infringement Intellectual Property Patent Litigation 104

Olartemoure Blog

FEBRUARY 21, 2024

Article 5 of Law 2213 of 2022 establishes that the special powers of attorney required to carry out any type of legal action may be conferred by data message, without requiring a handwritten or digital signature. Therefore, it is not required to provide proof of the sending of a power of attorney by data message for it to be valid.

Intellectual Property 102

Intellectual Property Litigation Law 102

IP Watchdog

FEBRUARY 11, 2025

The story is every inventor's nightmare: A small innovative company develops a breakthrough technology. A much larger company takes notice. Shortly thereafter, it launches a suspiciously similar product. I understand this story well,because I lived it as General Counsel of SilcoTek, a small technology company.

Litigation 91

Litigation Inventor Technology Business 91

Technology & Marketing Law Blog

NOVEMBER 16, 2024

The article included multiple photos of Sewell, including the photo in question , and the Post apparently liked the image so much that they used a portion of the photo as the background for the newspaper cover that day (see screenshot at right). However we get there, the overall litigation enterprise here makes no economic sense.

Copyright 102

Copyright Settlement Licensing Litigation 102

JD Supra Law

MARCH 5, 2025

This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation.

Intellectual Property 61

Intellectual Property Reporting Litigation Patent 61

TorrentFreak

NOVEMBER 1, 2022

Ironically, Yout then amplified that message by seeking out news coverage of this litigation,” the RIAA notes. Nader has frequently retweeted the articles, proclaiming that he had ‘made the news today’ and that Yout was ’emboldened’,” the RIAA adds.

Music 143

Music Social Media Technology Copying 143

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

Patently-O

JULY 9, 2024

This post follows up with a discussion of a recent article titled “ Fixing Double Patenting ” released in draft form by Stanford Professors Mark Lemley and Lisa Larrimore Ouellette. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. Lemley & Kimberly A.

Patent 108

Patent Invention Patent Application Art 108

Patently-O

AUGUST 22, 2024

The petition focuses on the ITC’s “domestic industry” requirement, and the level of nexus required between substantial domestic investment, the scope of the asserted patent, and any articles that embody the patented invention.

Patent 115

Patent Invention Government Patent Infringement 115

Technology & Marketing Law Blog

OCTOBER 12, 2022

” Plus, “the facts that form the basis for the “missing context” assessment are disclosed in the Forest Fire Article linked to the “Fact Check” button.” Facebook needs explain its fact-checks, but doing so fuels unhappy litigants like Stossel. See, e.g., this post. Case Citation : Stossel v. Meta Platforms, Inc. ,

Litigation 145

Litigation Advertising Advertising Blogging 145

IP Watchdog

JUNE 24, 2024

This article provides an overview of some of the key decisions issued in 2024, as well as important cases to watch in the remainder of the year. Courts have been busy with copyright cases in the first half of 2024.

Copyright 111

Copyright Business Fair Use Technology 111

IP Watchdog

DECEMBER 18, 2022

What could be a more fitting way to open a 2022 year-in-review article on AI and machine learning than by asking OpenAI’s newly beta-released ChatGPT tool to contribute? Additionally, the development and use of AI and machine learning technologies can raise issues related to privacy and security.

Business 145

Business Privacy Technology IP 145

IP Watchdog

DECEMBER 9, 2024

Government Accountability Office (GAO) published a report reflecting the agencys investigation into third-party funding of patent litigation in the United States. On December 5, the U.S.

Reporting 98

Reporting Litigation Patent Government 98

IP Watchdog

NOVEMBER 22, 2024

In this article, we delve into the complexities surrounding injunctive relief in patent cases that are sure to impact Xockets’ chances of obtaining an injunction in a post?eBay As is often the case in patent cases, Xockets seeks an injunction in addition to monetary damages. eBay world.

Patent Infringement 111

Patent Infringement Patent Law Litigation 111

The IPKat

DECEMBER 27, 2023

Second-hand Chanel cosmetics and fragrances were sold in some of those shops, including samples [ IPKat on Chanel recent litigation here and here ]. Relying on a combined reading of the former Article L. The Court here applied the aforementioned article rigorously, narrowing its focus to the case of perfumes and cosmetic products.

Marketing 114

Marketing Marketing Intellectual Property Law 114

43(B)log

MARCH 21, 2024

In re Amazon Prime Video Litig., Amazon argued that Article III standing was absent because plaintiffs haven’t lost access to their digital content, and that their claims of overpayment also rested on the mere threat of future unavailability. 2024 WL 1138906, No. 2:22-cv-00401-RSM (W.D.

Licensing 114

Licensing Contracts Ownership Litigation 114