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18 Dec 2017, 12:12 am
According to the BGH, the provider of a search function cannot be expected to check the lawfulness of the images automatically retrieved from publicly accessible websites.At last the reasons for the judgment have been made available, and Katfriend Mirko Brüß (Waldorf Frommer Rechtsanwälte) has had a chance to analyze them.Here’s what Mirko writes:“Google’s Image Search has been the subject of copyright-related decisions of Germany’s Federal… [read post]
15 Aug 2018, 9:26 am
We therefore reversethe Commission’s finding that Diebold violated § 337.Diebold's argument:Diebold argues on appeal that “cheque standby unit”is a purely functional term that connotes no specificstructure and is therefore subject to § 112, para. 6.2Specifically, it contends that the word “unit” is a “genericnonce word” akin to “‘mechanism,’ ‘element,’ ‘device,’ andother nonce words that reflect… [read post]
9 Jul 2013, 4:39 am
Or on encountering the Applicant’s mark would he be likely to attempt to order Caviar, Foie Gras, Filet Mignon and Crème Brûlée, to be washed down with a bottle of 2005 Chambertin Grand Cru, as he might have done when in one of the Opponent’s establishments? [read post]
14 Aug 2021, 12:26 pm
Appellee’s Br. 44 (“At the time of filing, . . . for marine applications, . . . historically gimbaled geophones were used. [read post]
7 Mar 2015, 9:26 pm
” Appellant Br. 29.Id. at *11.Although claim differentiation is a useful analytic tool, it cannot enlarge the meaning of a claim beyond that which is supported by the patent documents, or relieve any claim of limitations imposed by the prosecution history. [read post]
29 Dec 2017, 1:00 pm
Linking for profit, technical means and burden of proof - German BGH applies CJEU case law to Google’s Image SearchKatfriend Mirko Brüß (Waldorf Frommer Rechtsanwälte) has had a chance to analyze the reasoning of the decision of the German Federal Court of Justice (BGH), which refused the idea of having to apply the GS Media [Katposts here] presumption of knowledge for for-profit link providers to search engines, in case I ZR 11/16. [read post]
4 Dec 2022, 8:31 am
Appellant’s Br. 15. [read post]
4 Jun 2018, 3:02 am
Sleepwalking KatIn Germany, GuestKat Mirko Brüß reports on a recent judgment of the Higher Regional Court of Cologne that short video clips taken from other networks' TV shows for entertainment purposes are not permissible as a parody or a quotation and thus need to be licensed: German Court: TV show may not use ‘bloopers’ from other network without permission.GuestKat Hayleigh Bosher reports on the news of a Bill put before the US Congress that… [read post]
18 Apr 2018, 8:07 pm
” Philips’s Br. 23. [read post]
15 Aug 2017, 1:01 pm
" (Tiffany Br. at 3.) [read post]
17 Oct 2016, 12:43 pm
See Appellant’sOpening Br. 39 n.8. [read post]
23 Feb 2021, 2:08 am
And even then, there was nothing that Samsung wanted more than to be left alone and compete on the merits of their products--something that Ericsson failed to do in the handset market and is increasingly struggling with in the network infrastructure business.Yesterday evening by Eastern Time, Samsung filed its opening brief in the Federal Circuit appeal of Ericsson's anti-anti-antisuit injunction from the Eastern District of Texas (this post continues below the document):21-02-22 Samsung… [read post]
23 Dec 2015, 9:03 am
” Appellee’s En Banc Br. 43. [read post]
19 Oct 2014, 4:42 am
A notic detailing infringing URLs on the file-hosting site was sent to the given abuse contact of the site,” Mirko Brüß, a lawyer with record label lawfirm Rasch Legal, told TorrentFreak. [read post]
30 May 2017, 10:33 pm
Supreme Court hosts London launch of ChIPs with call to action to advance women in tech, law and policy I Br*x*t and brands – out of the EU in 680 days I In memoriam: Adolph Kiefer, Olympic gold medalist, innovator and inventor extraordinaire I Digital copies, exhaustion, and blockchains: lack of legal clarity to be offset by technological advancement and evolving consumption patterns? [read post]
4 Jan 2014, 8:03 pm
Br. at 2. [read post]
16 Apr 2019, 12:46 pm
Johnson’s En Banc Br. at 18-23. [read post]
15 Mar 2019, 8:36 am
” Appellee Br. 37 (citing ’865 patent 1:41–44). [read post]
24 Oct 2017, 8:33 am
No, the DeVOL is in the detail | AG Szpunar advises CJEU on cloud-based recording and private copying exception | Br*x*t and Brands – 568 days and counting – the EU’s position | 6th Global Forum on Intellectual Property: Ideas to Assets (part 1) | Mark your calendars: Design Law Reform Conference in Singapore! [read post]
4 Jan 2015, 2:47 am
However, The Court of Justice of the EU (CJEU) has subsequently had to decide on fundamental issues raised by patenting of embryo stem cells in Brüstle (see Katposts hereand here) and International Stem Cell Corporation v Comptroller (see Katpost here).The patenting of medicines leads to the ‘access to medicines’ debate (see Katpost here). [read post]
