IP Watchdog

JANUARY 3, 2024

holding that the language of the governing contract's forum selection clause expressly allowed for the filing of inter partes review (IPR) proceedings in certain circumstances. entered into a settlement and license agreement in 2014, following years of patent litigation over their competing glucose monitoring system patents.

Contracts 59

Contracts Settlement Government Licensing 59

The IPKat

FEBRUARY 23, 2023

This post discusses a recent patent case in which the Supreme People’s Court of China (SPC) awarded punitive damages upon post-settlement-agreement repeated infringement. One month later, a settlement was reached. Shelly: 'Oops!…You You did it again ?' In April 2021, Jin sued Baijia store for patent infringement.

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Settlement Patent Infringement Patent Intellectual Property 67

Plagiarism Today

MAY 25, 2022

However, HP argues that many of the servers involved predate Oracle’s current contract system, making the patches legal. The two sides had entered into settlement negotiations following the first filing, but those broke off after the judge ruled in favor of AimJunkies. AimJunkies, for their part, no longer sells the cheats.

Publishing 220

Publishing Copyright Infringement Plagiarism Copyright 220

IP Watchdog

AUGUST 26, 2022

This week in Other Barks & Bites: USPTO Director Vidal grants sua sponte review of IPR institution decisions to clarify the General Plastics factors; the Ninth Circuit rules that secondary meaning only needs to identify a single source, not a particular source, to support trade dress infringement claims; the Fifth Circuit affirms the dismissal (..)

Licensing 52

Licensing Settlement Copyright Copyright Infringement 52

IPilogue

SEPTEMBER 9, 2022

In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. Sales vs Licences.

Music 104

Music Intellectual Property Contracts Settlement 104

JD Supra Law

NOVEMBER 4, 2021

Rudimentary principles of contract law stipulate that words in a contract that are plain and free from ambiguity must be understood in their usual and ordinary sense. By: McDermott Will & Emery

Government 55

Government Contracts Settlement Licensing 55

TorrentFreak

OCTOBER 27, 2021

Tusa had been on the radar of the studios for some time and had previously shut down Area 51 after reaching a settlement agreement with anti-piracy coalition Alliance For Creativity and Entertainment. Tusa then signed a settlement agreement but went on to launch Digital UniCorn Media but denied he had anything to do with it.

Settlement 143

Settlement Copyright Infringement Confidentiality Copyright 143

TorrentFreak

AUGUST 21, 2021

A pending settlement agreement included a clause that Tusa couldn’t launch or be involved with any similar services. After the apparent demise of Area 51 but in advance of the settlement being finalized, it’s alleged that Tusa launched a close copy of Area 51 called SingularityMedia, which scooped up Area 51’s customers.

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 96

Blogging Contracts Copyright Law Copyright 96

Copyright Lately

MARCH 16, 2023

A Central District of California judge has denied Mary Bono’s motion to dismiss a lawsuit over composition royalties Cher claims are owed under her 1978 marital settlement agreement with Sonny Bono. At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage. “Therefore, her claim fails.”

Copyright 79

Copyright Music Contracts Settlement 79

Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 134

Privacy Law Contracts Designs 134

The IPKat

APRIL 4, 2024

The disproportionate remuneration stemmed from contracts entered into with dominant players, especially in the music industry, and this has over time been a major source of worry for the South African government. The MITT and CRC found the Copyright Act to be inadequate in addressing the issues.

Copyright 131

Copyright Music Artistic Work Contracts 131

LexBlog IP

NOVEMBER 28, 2023

All meme-like images in this article are properly licensed. If the creator has greater leverage or financial means than the enforcement-targeted business, the result of these demands is often swift settlement. As these warnings often go unread, it is often a surprise that memes must be licensed, as they are copyrighted material.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

43(B)log

NOVEMBER 27, 2023

But DNP isn’t actually licensed to practice law. The false association claim was based on the theory that consumers are misled to believe that DNP is affiliated with licensed attorneys and that State bar authorities approve of or sponsor DNP’s services.) It sought to represent a class of similar law firms.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

TorrentFreak

APRIL 28, 2022

Initially, the parties entered settlement discussions. Bungie also accused AimJunkies of a variety of other wrongdoings, including breach of contract, tortious interference, and unjust enrichment. This is in line with Bungie’s own license agreement and both parties are encouraged to resolve these issues outside of court.

Copyright 75

Copyright Copyright Infringement Copying Trademark 75

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 101

Copying Copyright Law Copyright Social Media 101

The IPKat

FEBRUARY 29, 2024

Sony maintains that the worldwide copyright for the recordings is held by Experience Hendrix LLC and Authentic Hendrix LLC, who license the rights to exploit and distribute the recordings to them.

Copyright 107

Copyright Reporting Contracts Settlement 107

Intepat

JUNE 19, 2023

Further, such sale may also conflict with the existing licensing agreements with regard to the concerned intellectual property, should there be any. Commercialization Through Licensing A licensing contract is one where the owner of an intellectual property grants permission to use it for some form of regular payment generally called royalty.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Technology & Marketing Law Blog

JANUARY 12, 2022

Google Successfully Amends Adwords Contract to Add Arbitration–AdTrader v. If Singh can’t get this ruling reversed on appeal, then this case is dead and Singh spent a lot of unrecouped money over the past 5 years. Case Citation: Singh v. Google LLC , 2022 WL 94985 (N.D. The CourtListener page. More Click Fraud Posts.

Advertising 90

Advertising Advertising Settlement Blogging 90

Plagiarism Today

APRIL 7, 2022

Also in 2018, FDN filed the original complaint, targeting both Amazon and CCA, alleging that they both breached contracts and committed copyright infringement. Barring a settlement, this case has a long way to go and there may be appeals and other courts to weigh in. But this is where FDN introduces a new wrinkle. Bottom Line.

Publishing 267

Publishing Registration Social Media Copyright 267

TorrentFreak

JANUARY 11, 2022

Initially, the parties entered settlement discussions. The cheat seller also questions the court’s jurisdiction and counters the other accusations, including “breach of contract,” “tortious interference,” and “unjust enrichment.”

Copyright 139

Copyright Law Copying Copyright Infringement 139

The IPKat

JANUARY 31, 2023

This was because: Both sides engaged in settlement discussions, there was mediation and an Early Neutral Evaluation. An appeal would potentially create pointless market uncertainty as to whether ONI would remain licensed in respect of its main product and on what basis. The result being that money was due.

Confidentiality 52

Confidentiality Contracts Licensing Inventor 52

The IPKat

SEPTEMBER 26, 2023

Regent believed that it held the right to synchronise this work under a sub-publishing contract with Delphine productions. In April 2022, a settlement was reached concerning his economic rights. noticed that his music had been synchronised in a murder scene shown in episode 10 of season 2 of Narcos - Mexico.

Moral Rights 70

Moral Rights Music Cease and Desist Contracts 70

Patently-O

SEPTEMBER 3, 2022

The case against the engineer settled, and as part of the settlement agreement the engineer assigned any claim against the lawyer to Prince’s estate. The Massachusetts firm initially represented the defendant, but then was named as a defendant. The firm later was dismissed for lack of personal jurisdiction. McCann, 429 Mass.

Law 56

Law Settlement Contracts Licensing 56

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. A few plaintiffs have won default judgments (including one I blog below).

Registration 120

Registration Fair Use Copyright Designs 120

LexBlog IP

JANUARY 19, 2024

That IPR was terminated in August in view of a settlement agreement and before there was any decision on institution. The FDA had accepted the Biologics License Application for priority review in November 2022. Biocon Biologics then filed its own IPR on the same patent in IPR2023-01444. That petition is pending. million in expenses.

Settlement 52

Settlement Litigation Patent Reporting 52

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? On September 8, 2022, the parties filed a notice of settlement. Miramax, LLC v. Tarantino , Case No.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” If anything, the Second Circuit musings give the parties more to fight over, rather than providing enough clarity to estimate the Coase Theorem entitlement and facilitate a settlement.

Social Media 88

Social Media Ownership Designs Design 88

Patently-O

FEBRUARY 22, 2023

It generally amounts to more than 50% of the total settlement recovery, acknowledging, at least by basic math, that they are the primary beneficiary of the litigation.). Interim Settlement Funding Corp., Many start with and later add investors to ongoing funds and matters. 17] At least, that’s as far as can be pieced together.

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Litigation Reporting Settlement Government 126

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. Creative Commons : New License Enforcement Principles for Public Comment. 26, 2021).

Copyright 118

Copyright Copying Copyright Infringement Copyright Law 118

43(B)log

FEBRUARY 4, 2023

Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. May also resolve through settlement. What goes on in settlement? Gena Feist: you might look at whether they were added to the master ownership/composition ownership as a way of detecting settlement. Who sues who?

Copyright 64

Copyright Editing Settlement Music 64

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Already, FDA has licensed almost 30 biosimilars, nearly 20 of which are available to patients in the United States. FDA has reported numerous biosimilar-related submissions in its pipeline for Fiscal Year (FY) 2020, including seven original biosimilar biologics license application (BLA) submissions in FY 2020.

Settlement 40

Settlement Licensing Designs Design 40

IP and Legal Filings

NOVEMBER 30, 2022

Collateral between the investor and the creative economy actor can be in the form of: Fiduciary guarantee of intellectual property; A contract for creative economic activities; and/or. The IP valuation is to be done by an IP appraiser who must be licensed by the Ministry of Finance. Receivables from the creative economic activities.

IP 52

IP Intellectual Property Business Government 52

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 52

Marketing Marketing Licensing Patent 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. The settlement agreement. Marketing. * FTC cracks down on live reads on the radio. * Comptroller , No. C-02-cv-02-10509 (Md. Turtle Island Foods SPC v. . Facebook and BrandTotal settled. Prior blog post. *

Privacy 107

Privacy Marketing Marketing Social Media 107

LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

Licensing 52

Licensing Patent Confidentiality Registration 52