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30 Jun 2020, 8:29 am by Rebecca Tushnet
” [And we will now rely on courts to ensure that it and other users of generic.coms stick to that concession—but since the US doesn’t have a cause of action for unjustified threats relating to IP, the C&D letters can be pretty aggressive regardless of the likely litigation outcome, and it’s really hard to get a fee shift as a successful defendant, especially if (as they often do) courts treat having a valid mark as making any assertion of infringement… [read post]
16 Jun 2020, 2:18 pm by Kevin LaCroix
John Reed StarkIs a company’s post-breach forensic report subject to discovery in subsequent breach related litigation? [read post]
A type of ‘top-down’ approach was relied on in the 2013 US case In re Innovatio IP Ventures, LLC and the 2014 Japanese case Samsung v Apple Japan (Apple Japan Godo Kaisha v Samsung Electronics Co). [read post]
4 May 2020, 4:26 pm by Brittany Walter and Steven Hollman
The Alternative: Trade Secret Protection With lingering uncertainty regarding the patentability of such discoveries, companies increasingly turn to trade secret protection to fill the gaps and protect their investments. [read post]
3 May 2020, 4:16 pm by INFORRM
Internet and Social Media IP Harbour had a post “TikTok owner use Blockchain evidence in Chinese Courts to prove IP Infringement””. [read post]
29 Apr 2020, 6:00 am by Matt Ramsey
In more conventional time, automatically turning to outside counsel based on past engagements may have been the quick answer. [read post]
9 Apr 2020, 9:01 pm by Vikram David Amar
”  But in assessing federal statutes that subject states to damages for intellectual property rights violations, the question isn’t how frequently states violate IP entitlements, but how often they are acting unconstitutionally when they do so. [read post]
26 Mar 2020, 3:54 pm by Michael Abramowicz
We will, of course, have more production if IP rights are suppressed than we otherwise would. [read post]
10 Mar 2020, 8:43 pm by Chris Castle
  However gloomy this turn of events may first appear for creators, it presents an opportunity for the Subcommittee to question the witnesses about the influence of Big Tech on efforts to reign in pirate operations, particularly off shore pirate operations. [read post]
6 Dec 2019, 9:37 am
 Panel 3: Contracts The next panel saw Oliver Oosterbaan from Leopold Meijnen Oosterbaan Advocaten turn to the use of US agreement models in the EU. [read post]
18 Nov 2019, 5:40 am by Barry Sookman
In an important decision released Friday, the Federal Court of Canada issued the first Canadian site blocking order against sites that predominantly facilitate copyright infringement. [read post]