JD Supra Law

FEBRUARY 6, 2024

Through tactical litigation practices, copyright trolls rely on copyright law to allege infringement and threaten major statutory damages upon unsuspecting defendants.

Intellectual Property 71

Intellectual Property Copyright Settlement Copyright Law 71

LexBlog IP

OCTOBER 25, 2023

collectively, “Genentech”) filed BPCIA litigation against Biogen MA Inc. On September 29, Biogen received FDA approval for its tocilizumab biosimilar, marketed as TOFIDENCE (tocilizumab-bavi). As we previously reported , in July 2023 Genentech, Inc., Hoffmann-LaRoche, Inc., and Chugai Pharmaceutical Co.,

Litigation 52

Litigation Settlement Reporting Marketing 52

The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. So the market is busy, growing and lucrative. So what is going on? Let’s start at the beginning.

Patent Troll 84

Patent Troll Marketing Marketing Patent 84

Patently-O

NOVEMBER 27, 2023

An exotic insurance product has recently taken the litigation world by storm. 1] Now, it’s hard to avoid; a brief Internet search will turn up hundreds of hits and dozens of explainer articles by insurance brokers, law firms, and litigation funders extolling the benefits and pitching such policies to appellants.

Settlement 81

Settlement Litigation Branding Brands 81

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Stec, from testifying as to reasonable royalty damages, where Dr. Stec had relied on a license agreement between third parties, jury verdicts, and settlement agreements. Dr. Stec cited a number of agreements, but the only one he relied on that was not a litigation settlement was between iPIN Debit Network, Inc. iPIN license”).

Settlement 40

Settlement Licensing Litigation Technology 40

IP Law 360

NOVEMBER 10, 2021

district court data on how patent damages expert testimony has been challenged based on comparability, and how courts have ruled with regard to license and settlement agreements, litigation verdicts, market studies and more. Rich Franciosa and Michael Herrigel at Charles River Associates analyze nearly seven years of U.S.

Settlement 98

Settlement Patent Licensing Litigation 98

Intellectual Property Law Blog

DECEMBER 15, 2023

Furthermore, the Federal Circuit found the declaration was conclusory and failed to establish that Allgenesis had any concrete plans to develop and bring to market a nintedanib treatment for pterygium. Accordingly, the Federal Circuit concluded that Allgenesis failed to show an injury in fact based on potential infringement liability.

Marketing 162

Marketing Marketing Settlement Patent 162

43(B)log

MAY 2, 2022

15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. But when it comes to surveys or, here, approving settlements, matters can differ.

Settlement 116

Settlement Advertising Advertising Marketing 116

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] ” That prompted this litigation. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. OxBlue * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit? ” Say what?

Trademark 100

Trademark Advertising Advertising False Advertising 100

SpicyIP

JUNE 25, 2024

The latest settlement order dated 18th June 2024, authored by Justice R.I. The latest settlement not only puts an end to the immediate litigation but also builds upon crucial prior judgments that have shaped the frameworks and discourse for digital streaming platforms, commonly known as OTT platforms, in India.

Copyright 45

Copyright Settlement Television Music 45

IAM Magazine

NOVEMBER 5, 2021

An August litigation settlement with the Chinese giant means that 55% of the market is now taking licences from the firm.

Licensing 52

Licensing Settlement Marketing Marketing 52

Technology & Marketing Law Blog

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. I would welcome yours.

IP 104

IP Intellectual Property Journalism Editing 104

TorrentFreak

SEPTEMBER 30, 2021

courts, collecting millions of dollars in settlements. Not too long ago Malibu was one of the most active anti-piracy litigants in the U.S., The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. but in recent years this activity ground to a halt.

Copyright 130

Copyright Settlement Litigation Fair Use 130

Trading Secrets

FEBRUARY 5, 2024

In investigating Aegis’s conduct, Life Spine discovered that, while negotiating the distribution agreement with Life Spine, Aegis filed a 510(k) premarket notification with the Food and Drug Administration to begin marketing AccelFix, listing the ProLift as the “substantially equivalent” “Primary Predicate Device” for the product.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

Technology & Marketing Law Blog

JULY 26, 2022

You can get less damages than the cost of litigation, so the whole effort is unprofitable. The court says this lawsuit qualified: “LVSA litigated this case in an unreasonable manner. Its claims were tenuous at best, and that should have been apparent from the outset to its counsel, who has litigated numerous such lawsuits.”

Trademark 100

Trademark Advertising Advertising Litigation 100

Technology & Marketing Law Blog

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” GmbH as a Possible Trademark Troll The post Now Available: the Published Version of My SAD Scheme Article appeared first on Technology & Marketing Law Blog.

Publishing 69

Publishing Intellectual Property Litigation IP 69

LexBlog IP

FEBRUARY 5, 2024

Litigation continued for years, with Aegis raising unsuccessful counterclaims. On December 20, 2023, the parties filed a stipulated settlement agreement by which judgment would be entered in Life Spine’s favor, and Aegis would pay $8,000,000 to Life Spine by June 1, 2026.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

Technology & Marketing Law Blog

MARCH 8, 2024

As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value). If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year.

Trademark Law 100

Trademark Law Trademark IP Blogging 100

Traverse Legal Blog

JULY 14, 2022

If the infringer does not comply, this cease and desist letter now becomes evidence in your trademark infringement litigation. If a cease and desist letter does not clear up the matter, then it may be time to litigate. How much do you spend on marketing related to your trademark? Litigation is always unpredictable.

Cease and Desist 98

Cease and Desist Trademark Litigation Intellectual Property 98

SpicyIP

SEPTEMBER 18, 2023

Furthermore, the continuous sales done by the violating party flood the market with infringing products where they are sold at a fast pace on a regular basis. There is a strong chance that the violating party may on the receipt of the cease-and-desist notice stop the sale of the infringing products in the market.

Cease and Desist 115

Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

Technology & Marketing Law Blog

NOVEMBER 22, 2022

Three cases have filed a “notice of settlement,” though some of the other dismissals may reflect undisclosed settlements. We believe this shows that understanding the law does not improve the perceived benefits of the CASE Act venue relative to traditional copyright infringement litigation.

Copyright 133

Copyright Fair Use Settlement Blogging 133

Technology & Marketing Law Blog

AUGUST 30, 2023

“Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” The litigants directly compete. ” Marketing channel. ” Relatedness of goods.

Advertising 87

Advertising Advertising False Advertising Trademark 87

BYU Copyright Blog

JANUARY 8, 2024

Additionally, Springdale denied allegations of intentionally providing unauthorized public access to Marenems works or diminishing their market value. Following eighteen months of legal proceedings, both parties arrived at a settlement agreement and jointly requested that the court dismiss the case with prejudice.

Settlement 40

Settlement Publishing Copyright Copyright Infringement 40

LexBlog IP

MARCH 10, 2022

The announcement states that under the settlement agreement, Alvotech has non-exclusive rights to market AVT02 in the United States starting July 1, 2023. ” The announcement further states that FDA has deferred action on Alvotech’s BLA until necessary inspections are completed. .”

Patent 52

Patent Settlement Litigation Patent Infringement 52

TorrentFreak

FEBRUARY 11, 2023

In May 2018, a massive copyright infringement lawsuit targeted PrimeStreams, one of the most recognizable pirate IPTV brands ever to hit the market. Citing a confidential settlement agreement between the parties, the lawsuit was dismissed with prejudice , meaning that it cannot be refiled.

Settlement 81

Settlement Confidentiality Copyright Infringement Television 81

Technology & Marketing Law Blog

OCTOBER 6, 2023

I’m sure ShutterStock would have written a $2,131 settlement check to avoid the litigation. ShutterStock appeared first on Technology & Marketing Law Blog. Is the attorneys’ fee shift motivating some or all of this lawsuit? Otherwise, this case appears to be economically irrational. ShutterStock. ShutterStock, Inc. ,

Licensing 81

Licensing Blogging Settlement Litigation 81

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more.

Litigation 40

Litigation Technology Business Patent 40

LexBlog IP

SEPTEMBER 15, 2022

On September 7, 2022, Genentech and Samsung filed a joint stipulation of dismissal of their BPCI patent litigation. In August 2020, the European Commission granted marketing authorization for the product, marketed as AYBINTIO (bevacizumab).

Patent 52

Patent Settlement Marketing Marketing 52

Technology & Marketing Law Blog

MAY 13, 2023

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. Bye, Goff appeared first on Technology & Marketing Law Blog.

Law 93

Law Advertising Advertising False Advertising 93

LexBlog IP

SEPTEMBER 21, 2022

A few weeks ago, we wrote about an interesting development in what had been a fairly standard Federal Trade Commission (FTC) Made in the USA (MUSA) settlement. The company and its owner filed a motion to get out of its settlement and to make the FTC change its press release, which, among other things, accused the company of “ lying.”.

Settlement 52

Settlement Government Marketing Marketing 52

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Even though this is an obviously stupid legal theory that wasn’t worth anyone’s time or money, Edible turned to an Atlanta litigation boutique (shoutout to Bondurant Mixson & Elmore LLP!!!) 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. They could not.

IP 128

IP Advertising Advertising Trademark Law 128

Technology & Marketing Law Blog

JANUARY 9, 2022

GmbH as potentially a trademark troll due to their high litigation volume and dubious litigation tactics. Dear [smiley]” formed a settlement agreement. The post 2021 Emoji Law Year-in-Review appeared first on Technology & Marketing Law Blog. I wrote an expert opinion characterizing Emoji Co.

Law 139

Law Registration Settlement Litigation 139

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Effect on the market: Harm was implausible. The fact that he extracted settlements from alleged infringers does not a real market make. at 566–69.”

Fair Use 89

Fair Use Social Media Licensing Marketing 89

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. What has been the market-effect on the underlying work? The first factor is of chief concern ordinarily. What is the purpose and character of the use? How much risk are we talking here?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Technology & Marketing Law Blog

JANUARY 12, 2022

Since the resolution of that litigation, click fraud issues have largely faded into the background, flaring up only occasionally. Byrd. * Click Fraud Resources. * Miva Securities Litigation Rejects Most Click Fraud/Syndication Fraud Claims. * Click Fraud Lawsuit Survives Motion to Dismiss–Payday Advance v.

Advertising 84

Advertising Advertising Settlement Blogging 84

Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 104

Advertising Advertising False Advertising Trademark 104

LexBlog IP

AUGUST 30, 2022

” Well, some folks most definitely disagree when a whole settlement potentially is tanked over a press release. The perhaps unnecessarily inflammatory headline boldly touted, “FTC Sues Marketer of Personal Protective Equipment and Light Fixtures for Lying About Products Being Made in the USA and Government-Certified.”

Settlement 52

Settlement Marketing Marketing Advertising 52