Archives: Intellectual Property

Subscribe to Intellectual Property RSS Feed

Full steam ahead for the EU’s new Trade Mark Directive

On 15 January 2016, Europe’s new Trade Mark Directive (2015/2436) will come into force, with the aim of harmonising trade mark laws across the EU. The news follows the publication of the new Directive in the Official Journal 23 December 2015. The new Directive replaces the previous Directive (2008/95/EC), with effect from January 2019. Member States … Continue Reading

Consumer Review Freedom Act of 2015 Wins Support of Every Senator

There isn’t much that all members of the U.S. Senate can agree on these days, but protecting the ability of consumers to write reviews of businesses has emerged as a uniting issue. The Senate voted unanimously December 14 to approve the Consumer Review Freedom Act, which outlaws contract provisions that prohibit or restrict individuals’ ability … Continue Reading

In a First, E.D. Tex. Finds Plaintiff’s Massive Litigation Campaign Asserting Patent Invalid Under Alice ‘Exceptional,’ and Awards Defendants Attorneys’ Fees

On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas awarded attorneys’ fees under 35 U.S.C. section 285 to defendants in a set of consolidated patent lawsuits initiated by eDekka LLC. 12/17 Order at 1. A prolific patent assertion entity, eDekka filed more than 200 lawsuits in 2014 and 2015 in the Eastern … Continue Reading

Federal Circuit’s ClearCorrect ruling impacts ITC ability to police 3D printing and other disputes involving digital data transmission

The ITC does not have jurisdiction over digital data transmitted into the United States from abroad, according to a recent Federal Circuit ruling related to 3D printing. On November 10, 2015, in a decision that could have a significant impact on the 3D printing and other industries, the Federal Circuit held in ClearCorrect Operating LLC … Continue Reading

Second Circuit Holds That the Google Digital Books Project Is Protected Under the Fair Use Doctrine

On October 16, the Second Circuit ruled that Google’s scanning of millions of books without the copyright holders’ permission, for use in its “Google Books” database, is permissible under the fair use doctrine. Google Books enables members of the public to search for terms within these books and view snippets of machine-readable text containing their search … Continue Reading

Ninth Circuit Holds Fair Use Must Be Considered Prior to Issuing Takedown

In the so-called “dancing baby” case, the Ninth Circuit ruled recently that copyright owners must consider the fair use doctrine before sending Digital Millennium Copyright Act (“DMCA”) takedown notifications to online service providers, such as YouTube.  If copyright owners fail to do so, they risk incurring penalties under DMCA section 512(f). In 2007, Universal Music … Continue Reading

Navigating Intellectual Property Ramifications of 3D Printing

3D printing technology is rapidly evolving and has the potential to significantly change the way that medical devices are used in patient treatment.  As the potential benefits and use of 3D printing of medical devices increases, so do the IP implications and ramifications associated with its use.  Current IP laws pre-date the use of 3D … Continue Reading

Defend Trade Secrets Act of 2015 May Open Door to Employers Wishing to Pursue Trade Secret Claims in Federal Court

For years, employers have sought access to federal courts for trade secret misappropriation claims against departing employees who have taken the employer’s proprietary information to use in a new venture or for a new employer. Absent diversity, employers’ options to secure federal jurisdiction were limited, however. In the 2000s, employers began including claims under the … Continue Reading

Ninth Circuit Considers Liability for Takedown of “Fair Use” Content in “Dancing Baby” case

On July 7, a Ninth Circuit panel heard oral argument regarding whether copyright owners abuse the Digital Millennium Copyright Act (“DMCA”) when they utilize the statute’s Notice and Takedown procedures to request the Takedown of material that constitutes a “fair use” of copyrighted material. In 2007, Universal Music Group sent a Takedown Notice to YouTube … Continue Reading

Supreme Court Upholds 50-year Ban on Patent Royalties After Patent Term Expiration in Kimble v. Marvel Entertainment, LLC, No. 13-720 (U.S. June 22, 2015)

This week, the Supreme Court reaffirmed its 50-year ban on patent royalties after a patent term expires. Kimble v. Marvel Entertainment, LLC, No. 13-720 (U.S. June 22, 2015). Justice Kagan authored the opinion (filled with colorful superhero references), joined by Justices Scalia, Kennedy, Ginsburg, Breyer and Sotomayor. Justice Alito penned the dissent, joined by Justices … Continue Reading

Judge Gilstrap Announces New Procedure For ‘Alice’ Motions in Patent Cases

Eastern District of Texas District Judge Rodney Gilstrap, who has the busiest patent docket in the United States, recently announced a new model procedure for handling the onslaught of so-called “101” or “Alice” motions. “Alice” refers to the United States Supreme Court’s June 2014 decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 … Continue Reading

Update on State Attorneys General: Connecticut Creates a Permanent Privacy Department; NAAG Covers Big Data, Cybersecurity, and Cloud Computing; and States Amend Breach Laws

The federal government may be pushing a cybersecurity and data privacy agenda, but that doesn’t mean that the states are taking a back seat. The state attorneys general are maintaining their focus on issues relating to privacy and data security and expanding the scope of that focus to address the ever-evolving nature of those issues. … Continue Reading

The Future of the Internet: New gTLDs have arrived

This post was written by Gregory S. Shatan. The number of Top Level Domains (such as .com, .net, .eu, etc.) are expanding exponentially. On October 31st, the first of the new gLTDs opened registration for a trademark “Sunrise,” which allows trademark owners to register domains matching their trademarks. The first English language new gLTDs will … Continue Reading

The Dish from Durban on Day Five at ICANN 47

On AdLaw By Request, partner Greg Shatan tells of his experiences in Durban while attending ICANN 47. During a jam packed Day 5, Greg reports back on the happenings at the Contractual Compliance Update, the IGO/INGO meeting, and the much-anticipated Generic Names Supporting Organization Council Meeting, as well as key developments related to ICANN’s Trademark … Continue Reading

German Court ‘Un-Friends’ Facebook: Ruling on Friend Finder, User’s IP Rights and Data Use Policy

On March 6, 2012, the Regional Court of Berlin issued a ruling on a case initiated by the Verbraucherzentrale Bundesverband, the Federation of German Consumer Organisations, against Facebook Ireland Limited. The court took this rare opportunity to object to several key features of Facebook’s user experience and actions: The court criticized that users are not … Continue Reading

The European Court of Justice rules twice in one day on data protection issues: Emerging clarity and consistency is in everyone’s interests.

“You wait for ages for one and then two turn up at the same time!” The European Court of Justice issued two significant rulings this past November. The first addressed the manner in which Spain enacted the Data Protection Directive. In Asociación Nacional de Establecimientos Financieros de Crédito (ASNEF) v Administración del Estado (C-468/10) and … Continue Reading

Barnes & Noble’s Acquisition of Borders’ Database On The Shelf?

On September 15, Barnes & Noble (“B&N”) acquired several of Borders’ intellectual property assets, including a database of customer information, as part of Borders’ bankruptcy auction.  The sale of those assets hit a potential roadblock on Thursday, though, when a New York bankruptcy judge refused to approve the transaction, saying that he needed more time … Continue Reading
LexBlog