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A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex Pharmaceuticals, Inc. CyDex) filed a breach of contract action against Bexson Biomedical, Inc. By: DLA Piper
A bipartisan pair of Senators have proposed the “ Pride in Patent Ownership Act.” ” The premise is that if you own a patent, you should be proud to own the patent — and actually record your ownership interest. The pair also proposed a second proposal that they call “ Unleashing American Innovators Act.
The Pride in Patent Ownership Act, S.2774, Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law. Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law. 2774, is currently being attached to the National Defense Authorization Act (NDAA).
During a hearing of the Senate Judiciary Committee’s IP Subcommittee today, Senators Chris Coons (D-DE) and Mazie Hirono (D-HI) were the only senators present to question the Pride in Patent Ownership Act’s (PPOA’s) approach to penalizing patent owners who fail to record accurate ownership information within 90 days after the issuance date.
Last September, a bipartisan pair of Senators introduced the Pride in Patent Ownership Act, which, if passed, would add greatly-needed transparency to our patent system. Right now, inventors, businesses, and other interested members of the public often have to undertake time consuming and expensive litigation to determine who owns a patent.
This week in Other Barks and Bites: the Government Accountability Office published its report on third-party funding for patent litigation showing mixed responses to proposed disclosure requirements; the Second Circuit affirms a lower ruling that copyright ownership claims to George Clinton sound recordings are time-barred; the U.S.
District Judge James Selna granted a motion for sanctions after finding that ConsumerDirect fraudulently represented its ownership of unregistered trademarks while obtaining a preliminary injunction in U.S. On November 8, a Central California jury entered a verdict awarding $3.9 The verdict comes weeks after U.S.
However, patent ownership controversy with the NIH is a separate story ( here and here ). However, as is evident, ownership over this technology and its component parts is extremely fuzzy. When ownership is itself in dispute, the process of obtaining a license from either entity becomes a risky and expensive exercise.
One notable example is Meta’s (formerly known as Facebook) ownership of a wearable magnet technology that can track a user’s body poses when worn around the torso. As the patent collections of large corporations grow and products begin to materialize, one should expect an increase in patent litigation surrounding virtual reality soon.
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]
million, saying on Friday it appeared the litigation is an "attempt to exploit open questions of ownership in the still-developing NFT field." A New York federal judge dismissed a Canadian entity's lawsuit claiming to own Quantum, a digital artwork certified by a non-fungible token that Sotheby's sold for $1.47
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.
As patent litigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patent litigation, each issued orders regulating litigation in their districts in 2022. The orders require extensive disclosure of entities that are related to the parties and the litigations.
Do defendants and the court have the right to ask who is funding a particular patent litigation? The first standing order requires non-governmental companies and corporations to disclose the name of every person all the way up the chain of ownership who has “a direct or indirect interest in the party.” .
This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle isn’t in a good position to resolve. The litigants are an employer and former employee.
The National Institutes of Health (NIH) is at legal odds with Moderna, claiming that Moderna neglected to add three NIH scientists to Moderna’s patent application on a principal COVID-19 vaccine.
Intel is urging Delaware's chief federal judge to make VLSI Technology reveal its ownership and sources of litigation funding, saying the disclosures provided so far in their dispute over the scope of a patent license are "plainly deficient."
The past week in London has seen Dechert LLP face up to yet another lawsuit over allegations of email hacking in ongoing litigation involving the Ras Al Khaimah Investment Authority, white rum maker Bacardi bring legal action against seven logistics companies in a carriage of goods claim, and an art collector fighting for legal ownership of a $7.5
Next up today, Andy Maxwell at Torrentfreak writes that Voltage Holdings, a company best known for strongly litigating against piracy of films it holds the rights to, has begun sending out threatening letters to suspected UK pirates, seeking settlement fees for alleged illegal downloads.
The author of a new book who was previously accused of employing junk economic science says that software ownership is damaging innovation and impeding U.S. competition. Continue reading.
District Court for the District of Delaware’s “judicial inquisition” concerning disclosure of their owners and third-party litigation funders. Chief Judge Colm Connolly’s standing orders on initial disclosures in patent litigation cases have been the subject of much controversy and are presently being appealed at the CAFC in a separate case.
Court of Appeals for the Federal Circuit (CAFC) on Thursday, May 23, affirmed a Trademark Trial and Appeal Board (TTAB) decision that found a party with only a minority ownership interest in the owner of allegedly infringed marks did not have standing to seek cancellation of the marks.
Next, we turn to the legal issues, most certainly to be raised in any NFT litigation. NFT’s Intellectual Property Rights- Patent, copyright, trademark ownership, and individual publicity rights are all IP rights that subsist in the underlying asset comprising the NFT. By: Fox Rothschild LLP
Ownership should require a lower burden of proof: comes from the relationship between the spouses and not from the connection to the creation. Many jurisdictions accept special relationship between author and work and give the author control greater than a spouse would have over other property acquired during the marriage. But the US has not.
This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.
The continuing fallout from a decision that changed how patent cases are assigned to Western District of Texas judges, and a Delaware judge's investigation into the funding and ownership of patent plaintiffs are set to continue commanding the patent world's attention in 2023.
On the application, Thaler listed Creativity Machine as the author of the work and indicated himself to be the claimant, with a transfer statement explaining he acquired ownership of the work because of his “ownership of the machine.”.
Third-party litigation financing (TPLF) is an arrangement by which plaintiffs finance litigation costs through a non-party, typically a private firm that obtain funds from other investors. The commercial goal for a funder is a share of any damage award or licensing revenue generated as a result of the lawsuit. By: Haug Partners LLP
As patent litigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patent litigation, each issued orders regulating litigation in their districts in 2022. The orders require extensive disclosure of entities that are related to the parties and the litigations.
During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. when the mask work is involved in litigation. It is recommended for the applicant to keep an unredacted version of the design along with the redacted version used for registration.
What could be an important blockchain patent covering fractional trading of shares of multiple asset classes has been offered for sale at auction as an Continue reading.
If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. This will help avoid surprises from the application of unfamiliar Chinese laws and regulations.
However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. Instead, this case was litigated for over four years in regular federal court, at great expense to both sides. That board has a maximum total damages of $30,000.
Intel claimed that VLSI “has repeatedly failed to disclose its full ownership as required,” and the company’s “opaque ownership structure is an entrenched feature of hedge fund-driven patent litigation.” Intel Corp. has asked the United States District Court for the District of Delaware to throw out a $4.1
The chief judge of the US District Court for the District of Delaware has taken action against two patent plaintiffs who did not comply with recent standing orders
The chief judge of the US District Court for the District of Delaware has taken action against two patent plaintiffs who did not comply with recent standing orders
Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Currently, no court decisions have been rendered regarding Moderna’s patent infringement claim against Pfizer.
Copyright Act preventing Thaler from claiming copyright in the AI-generated work, and that standard principles of property law enables ownership of the work to vest in Thaler, who created the AI system at issue in the case. The reply brief argues that there is no human authorship requirement under the U.S.
However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation. However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation. At a gut level, it makes sense that litigation will increase. Consider the case of Stevie Nicks.
However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.
Delaware's chief federal judge has rejected Nimitz Technologies LLC's request that he withdraw his explanation of why he is investigating the patent owner for not disclosing litigation funding and ownership information.
The Court also dismissed Wright's claims of passing off, which was based on his assertion of ownership of goodwill in the name "Bitcoin". extended passing off) and argued that "that such a claim does not require him to assert authorship or ownership," so it would not be a breach of the earlier injunctions.
The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. In 1982, California amended its copyright law to remove the distinction between pre- and post-publication but continued to use the term “exclusive ownership.”
McDonagh discusses the emergence of the author figure as the owner of a dramatic work by analysis of authorship and ownership of plays from the Elizabethan period up to the early twentieth century. , explores what exactly is a play as copyright protects it and who owns it.
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