Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 81

Social Media Ownership Designs Design 81

LexBlog IP

JANUARY 19, 2024

Regeneron’s Suits Against Proposed Biosimilars of EYLEA The year 2023 saw significant developments in litigation related to biosimilars referencing Regeneron’s EYLEA (aflibercept) product. That IPR was terminated in August in view of a settlement agreement and before there was any decision on institution.

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Settlement Litigation Patent Reporting 52

Patently-O

FEBRUARY 24, 2022

20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

TorrentFreak

SEPTEMBER 15, 2021

For movies this can include releasing them in theaters, licensing to streaming services, or releasing on physical formats such as blu-ray. In some cases, people will opt to pay a settlement fee, which over hundreds or even many thousands of threats, can amount to a significant new revenue stream for the movie company.

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Settlement Copyright IP Reporting 98

LexBlog IP

JANUARY 25, 2024

FDA Approvals In 2023, there were 23 FDA approvals of Biologic License Applications , including for Vertex’s CASGEVY and Bluebird’s LYFGENIA, the first cell-based gene therapies for the treatment of sickle cell disease. ” (CMS’s position on this has been challenged in pending litigation.)

Marketing 52

Marketing Marketing Licensing Litigation 52

SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. 2023 (Delhi High Court) Delhi High Court granted an interim injunction to the plaintiff against unauthorized use of its mark “Burger King”, the Crescent Logo Design and Hamburger Refresh Design Logo. on 15 September.

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Cease and Desist Copyright Infringement Invention Social Media 105

Biswajit Sarkar Copyright Blog

SEPTEMBER 17, 2021

Law Protection: An Imperative for Prosperity of Rural Poor and Their Settlement” by V. Period 2 (07:31 PM-09:00 PM): “Alternative Dispute Resolution in Intellectual Property Rights: The WIPO Arbitration and Mediation Center” by Dr. Eleftheria Papadimitriou, Lawyer, Mediator, Trainer, ODR System Designer, Greece. – Mediation.

Intellectual Property 40

Intellectual Property Settlement Registration Confidentiality 40

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. This New York action has been stayed pending resolution of the English litigation. removed from the pleadings).

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Copyright Reporting Contracts Settlement 107

43(B)log

AUGUST 31, 2021

Until recently, Pine served as one of Proactive’s licensed distributors for the pumps. The principal issue in this lawsuit is whether Pine can continue to rent Proactive’s pumps to its customers despite the termination of that license, particularly where Pine has made or will make repairs to the rented pumps.”

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Licensing Settlement Trademark Registering Trademarks 57

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. 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.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

JANUARY 29, 2024

Do read our summaries of the post on the DHC restraining generic competitors for Ibrunitib, Delhi High Court’s finding on opposition and examination process, and some quick tidbits on the Ram Mandir, Oppo-Nokia dispute settlement, and the Bombay High Court order on Pan cards. Read Yogesh’s post to know more about the judgment!

Music 59

Music Intellectual Property Copyright IP 59

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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Trademark Registration Copyright Patent 59

Bio Law Blog

JANUARY 8, 2020

This year we will see more litigation under the BPCIA, with biosimilar makers sharing or withholding information about their biosimilar products during the pre-suit BPCIA information exchanges, and continued disputes about what constitutes other manufacturing information under the statute and whether it will be disclosed. While the U.S.

Marketing 40

Marketing Marketing Settlement Litigation 40

Copyright Lately

OCTOBER 24, 2022

This prompted a quick settlement which allowed the chair to remain in the picture. I also recognize that there are lots of situations in which a set designer may want to use a specific copyrighted work that needs to be cleared. A still from 12 Monkeys (left) and Lebbeus Woods’ “Neomechanical Tower (Upper) Chamber.”

Artwork 89

Artwork Copyright Infringement Copyright Art 89

43(B)log

AUGUST 27, 2021

After a settlement with one defendant, the two remaining defendants “are the sole licensors of the PS 1-09 stamp to 36 Brazilian plywood mills that export structural plywood to the United States.” In doing so, the licensing board is making a powerful statement—some would say, the most important statement—about the doctors’ qualifications.”

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False Advertising Advertising Advertising Business 57

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

For category placement, we relied on data collected and analyzed in the Stanford Law School NPE Litigation Database.[6] 13] Settlement occurred after the court ordered Energy Innovation to show cause why it failed to comply with the court’s fee order[14] and NCR moved the court to enforce the judgment.[15].

Patent 52

Patent Litigation Patent Infringement Inventor 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. However, are the blockchain technologies really patentable?

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. However, are the blockchain technologies really patentable?

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. However, are the blockchain technologies really patentable?

Technology 52

Technology Patent IP Invention 52

The IP Law Blog

MARCH 2, 2021

The issue arose from a dispute between Romag, a manufacturer of magnetic snap fasteners for leather goods, and Fossil, a designer and distributor of a wide range of fashion accessories. When settlement discussions proved fruitless, Romag sued. Importance of the Defendant’s Mental State to Awarding Pro?ts.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. This decision indicates that a FRAND commitment is not a one-way street, but imposes obligations on both the SEP owner and someone seeking to license the SEP. those who stall licensing negotiations).

Licensing 52

Licensing Technology Intellectual Property Patent 52

Indiana Intellectual Property Law

APRIL 13, 2023

Patent Title US 11589674 B2 Side rail mounted organizer US 11591937 B2 Remotely mounted idler gear US 11591003 B2 Stowable steering column US 11591574 B2 Optical-quality surface that imparts spatial control of macrophage fusion US 11594682 B2 Semiconducting polymer blends for high temperature organic electronics US 11592201 B2 Space conditioning control (..)

Patent 52

Patent Settlement Patent Application Licensing 52

Plagiarism Today

APRIL 12, 2022

However, in an interview with BBC2’s Newsnight, Sheeran said that ever since an earlier settlement over his song Photograph , he now videotapes all his songwriting sessions. Sheeran also expressed regret for settling the Photograph case, saying that it opened up the floodgates of litigation against him.

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Non-Fungible Tokens Copyright Infringement Music Reporting 130

43(B)log

FEBRUARY 24, 2021

Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B. Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Designed in US” can also work. Joseph Lewczak: FTC v.

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Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. I proceeded to do that. It seems like it did. I then offered $500.00.

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Blogging Fair Use Copyright Copyright Notice 96

LexBlog IP

JUNE 22, 2023

The PREVAIL ACT is a collection of pro-litigation/anti-Tech proposals that would do far more harm to the U.S. This requirement reduces incentives for privateering or extortion of nuisance settlements. What nuisance settlements? That stick is the proposed provisions of the PREVAIL ACT. Completely nonsensical.

Settlement 52

Settlement Litigation Patent Art 52

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name?

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

OCTOBER 23, 2023

He is interested in IP law, and commercial and criminal litigation. Agreeing with the statutory interpretation adopted by the single judge, the court held against the argument of “copyright hoarding” by the respondent and called out the appellant for resorting to Section 31D to avoid paying the license fees. Sidhi is a final year B.A.

Designs 52

Designs Design Music IP 52

LexBlog IP

JUNE 20, 2023

In this regard, the PTO is further considering, for determining whether a party is under-resourced, whether it should consider: government funding; third-party litigation funding support; the resources of anyone with an ownership interest in the patent owner; anyone with a stake in the outcome of the proceeding. Litigate it?

Litigation 52

Litigation Ownership Patent Inventor 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.)

False Advertising 48

False Advertising Advertising Advertising Contracts 48

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. This is a preview of the future of CCB litigation…CAN’T WAIT!

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

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

SpicyIP

DECEMBER 12, 2022

Delhi High Court however permitted the Defendant to file these documents holding them essential to indicate Defendant’s assertion that the suit design lacks novelty, which it held to be one of the defences available in a patent infringement action. Delhi High Court decreed the suit as per the terms settlement between the parties.

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Copyright Infringement Settlement Registration Trademark 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation.

Litigation 52

Litigation Settlement Patent Marketing 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. In fact, although most battery patents relate to technical features of a battery, a recent lawsuit related to design patents addresses a specific visual battery pack housing.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Open Source Smell Culture: perfumers can share formulas using CC licenses.

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Music Art Copying Licensing 52

43(B)log

FEBRUARY 23, 2024

What you’re seeing is cross-licensing/branding. Another big difference along with legal research is that the TM bar used to be small; now the money is good so lawyers not really trained as TM lawyers are litigating these cases; generalists that pick & choose things—you hear that in the arguments.

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Trademark Law Branding Brands 44