Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. To safeguard this sensitive information, courts issue protective orders limiting who can access it, under what conditions, and for what purpose. Protective orders are court orders.

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TorrentFreak

AUGUST 15, 2022

Shortly after the settlement was announced, MarkMonitor asked the court to make sure that sensitive evidence doesn’t see the light of day. However, that can be valuable information to competitors. The filing lists several others that contain sensitive information, including an email about decompiling tools.

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Trading Secrets

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. The Division determined that the provision covered only information that was “clearly proprietary and trade secrets.”

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TorrentFreak

OCTOBER 8, 2021

The filing described the filmmakers as “opportunistic litigants” that rely on “unsupported” liability theories. Settlement Reached. While it’s clear that both sides have an entirely different view on the matter, settlement negotiations began behind the scenes. Both parties agreed on a confidential settlement agreement.

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TorrentFreak

FEBRUARY 11, 2023

Citing a confidential settlement agreement between the parties, the lawsuit was dismissed with prejudice , meaning that it cannot be refiled. If defendants happen to have something the plaintiffs want – information, for example – that could encourage a meeting of minds and a mutually beneficial end to hostilities.

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Settlement Confidentiality Copyright Infringement Television 77

LexBlog IP

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. The Division determined that the provision covered only information that was “clearly proprietary and trade secrets.”

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Confidentiality Settlement Contracts Business 52

LexBlog IP

APRIL 13, 2023

Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit. Patent trolls normally prefer to keep their operations as confidential as possible, as I wrote about in connection with the District of Delaware. .” How can you tell?

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Patently-O

FEBRUARY 17, 2023

DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation. DTSA added to the large and growing federal caseloads.

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Litigation Intellectual Property Business Government 105

TorrentFreak

DECEMBER 26, 2022

Confidential agreements with domain registrars and registries, for example, help to efficiently take down domain names. It can easily shift focus between continents and share information back and forth. Interestingly, ACE has collected some large damages payments through its legal actions and many confidential settlements too.

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TorrentFreak

OCTOBER 20, 2022

“At that time, Grande’s witness testified that admissible information concerning customer calls regarding copyright infringement does not exist,” the music companies informed the court. Aside from contradicting the information obtained during discovery, the testimony should also be rejected as hearsay, the labels said.

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Patently-O

JANUARY 4, 2023

In the USA, civil litigation typically involves substantial discovery — with each party demanding to see the other side’s secrets. That information may be needed to resolve the infringement litigation, but you could imagine a competitor also using the information for a competitive advantage in the marketplace.

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Litigation Confidentiality Designs Design 56

LexBlog IP

OCTOBER 18, 2023

A lawyer who has formerly represented a client in a matter may not represent another person in the same or substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. [1]

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LexBlog IP

NOVEMBER 28, 2023

If the creator has greater leverage or financial means than the enforcement-targeted business, the result of these demands is often swift settlement. Plainly, predicting the merits of a copyright claim in this realm is extraordinarily difficult, and for many small businesses, settlement is the better part of valor. Associated Press v.

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Fair Use Intellectual Property Settlement Business 52

Technology & Marketing Law Blog

AUGUST 30, 2023

The litigants directly compete. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. ” Relatedness of goods. Mark similarity.

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Advertising Advertising False Advertising Trademark 88

Technology & Marketing Law Blog

JANUARY 8, 2024

In that time, the parties have waged innumerable formal battles over seemingly everything available to parties in civil litigation: countless discovery disputes, motions for sanctions, and two rounds of summary judgment. The informal battles total at least three times three.

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Trademark Advertising Advertising False Advertising 80

SpicyIP

MARCH 25, 2024

In Part I of their discussion, they focus on the amendments to the obligation to disclose crucial information about the working of the patent, and the amendments on the corresponding patent foreign application, and how these amendments affect the patent bargain. The court ordered the employee to appear and disclose the required information.

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Trademark Patent Copyright Confidentiality 52

Nelligan Law

JUNE 30, 2021

Reading Time: 3 minutes Given the increasing cost of family law litigation – not to mention the acrimony that accompanies the court process – many Canadians are seeking alternative avenues for resolving parenting and financial issues arising from their separations. The mediator’s role is largely one of process design.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. A few plaintiffs have won default judgments (including one I blog below).

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Registration Fair Use Copyright Designs 113

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. No earlier than July 31, 2023 per settlement.

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The IPKat

JUNE 22, 2023

Secondly, the consideration on how information should be deployed to reach a FRAND rate which is applicable to Lenovo ([271] – [272]). 202] notes that a licensor is not willing if it refuses to provide information necessary for a willing licensee to evaluate an offer which has been made.

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Patent Infringement Licensing Patent Litigation 86

The IPKat

JULY 5, 2021

The social media posts that morning were of course riddled with congratulatory messages greeting the settlement, with some seizing the moment to declare that the settlement meant the end of component-level licensing arguments, while others pointed to the contrary, not least because no one knows the terms of the settlement.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. The ledger consists of unalterable digitally recorded information in packages called blocks.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. The ledger consists of unalterable digitally recorded information in packages called blocks.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. The ledger consists of unalterable digitally recorded information in packages called blocks.

Technology 52

Technology Patent IP Invention 52

Trading Secrets

DECEMBER 19, 2023

A day before the FTC issued its proposed rulemaking, the FTC issued a press release that it had sued, and reached a settlement with, three employers in the security and manufacturing sector that the FTC alleged had “illegally imposed noncompete restrictions on workers.” We expect to see even more large jury results in 2023.

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

DECEMBER 19, 2023

A day before the FTC issued its proposed rulemaking, the FTC issued a press release that it had sued, and reached a settlement with, three employers in the security and manufacturing sector that the FTC alleged had “illegally imposed noncompete restrictions on workers.” We expect to see even more large jury results in 2023.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

TorrentFreak

JULY 19, 2023

Rare File-Sharing Trial Many of these cases result in private settlements and are never heard of again. It’s unusual for such a file-sharing case to be so heavily litigated since that’s quite costly for both sides. On Sunday evening, however, there was a sudden breakthrough after the parties reached a confidential settlement.

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Settlement Confidentiality Copyright Litigation 76

TorrentFreak

JUNE 29, 2023

The case was then referred back to the Federal Court with two questions: was a reverse class action the preferable procedure in this case, and did Voltage have a workable litigation plan? “Another major advantage of a reverse class proceeding is that any settlement must be approved by the Court.

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Technology & Marketing Law Blog

MAY 22, 2023

The court says it needs more information to understand the call logs. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.

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Advertising Advertising False Advertising Trademark 108

Technology & Marketing Law Blog

JUNE 29, 2022

Not enough information for the court to use this factor. 1-800 Contacts’ keyword ad litigation campaign went on hiatus during the pendency of the FTC enforcement. With that resolved, 1-800 Contacts reverted to its old litigation tricks–and is getting the same futile outcomes. Irrelevant among direct competitors.

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SpicyIP

DECEMBER 12, 2022

Delhi High Court decreed the suit as per the terms settlement between the parties. Dismissing the application the court held that the Appellant should have sought information of all the violators from Respondent no. The Defendant also agreed to pay a sum of INR 5,50,000 to the Plaintiff towards full and final settlement of all claims.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. The tables below provide an overview of publicly available information regarding approved and select pending BLAs. Table 1 summarizes information related to the biosimilars approved as of 2021.

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Litigation Settlement Patent Marketing 52

LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. The Court here ruled that Ericsson had made a prima facie case it will prevail, and further ordered that Intex must pay 100% of the royalty while the case was pending (not just 50%). Ericsson argued that the Nokia v.

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Licensing Technology Intellectual Property Patent 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. 19 Ancillary technologies have likewise seen a spike in patent litigation activity in recent years, including charging technologies and battery control systems (e.g., district courts, the U.S.

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Intellectual Property Technology Journalism IP 52

LexBlog IP

JUNE 7, 2023

The EUIPO would conduct non-binding checks to determine whether a patent is essential to a standard; Before launching a litigation, parties to a SEP licensing dispute would have to go through a mandatory conciliation procedure administered by the EUIPO. Essentiality checks do not eliminate litigation.

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