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In In re Violation of Rule 28(d), No. 11-M976 (Fed. Cir. Mar. 29, 2011), the Federal Circuit imposed monetary sanctions on counsel for Sun Pharmaceutical Industries, Ltd. and Caraco Pharmaceutical Laboratories, Ltd. (collectively "Sun") for violating Federal Circuit Rule 28(d) by improperly designating material as confidential that fell outside the scope of the protective order.

Recent decisions in the Second and Ninth Circuit Court of Appeals have caused tremendous concern about the eroding rights of copyright co-owners.

The Fifth Circuit recently ratified the right of holders of standard essential patents ("SEP") to choose where in the supply chain to license SEPs and dealt a blow to the "hold up"

When both sides claim victory, it usually means no one is happy. Such is the sentiment following the U.S. Supreme Court’s decision in a closely watched patent case, eBay v. MercExchange. The key question was how easy it should be for a patent owner to put a stop to infringing activity.

What can a trademark licensee do when the licensor files for chapter 11 protection?

The law on scraping and linking remains undeveloped, and has not provided clear remedies for this kind of access. Given the state of the law, sites often employ the "kitchen sink" strategy against scraping competitors: throwing multiple claims at the unauthorized party in the hope that at least one viable legal theory survives. We last wrote about this approach in a May 2009 post when Facebook brought a multi-count suit against Power Ventures, an online service that allowed social networki

Monday, March 23, began with the Opening Ceremony, even though the work of ICANN started on Saturday for many attendees.

The plaintiffs in the landmark O'Bannon trial called an EA Sports executive, Joel Linzner, to testify about EA's now-discontinued NCAA football- and basketball-themed video games.

Have you heard of Creative Commons? If not, you may soon. Creative Commons</A> consists of a U.S. charitable corporation and a not-for-profit company in the United Kingdom. It believes that all-out copyright has failed to help many artists and entrepreneurs gain the exposure and widespread distribution they desire.

The Telephone Consumer Protection Act ("TCPA") was primarily implemented to prevent consumers from receiving what had devolved into a veritable onslaught of calls from telemarketers and debt collectors.

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) recently released a new final rule effectively rescinding almost all of a Biden-era interim...

The relatively modest updates to the Guidelines affirm that the antitrust agencies still believe that intellectual property issues do not require an altered analysis, and that the licensing of intellectual property is generally procompetitive.

In this final edition of our four-part series, we talk about AI-related IP licensing issues that implicate antitrust concerns. We discuss antitrust implications of licensing pools that may emerge to address AI content...

As the COVID-19 pandemic continues to disrupt our lives, wreak havoc on our economy and force millions to social distance, shelter at home or even quarantine

On January 23, 2023 Oracle changed how it licenses Java SE moving away from named user plus and processor metrics and instead transitioning to an employee metric based on the total number of full and part time employees and contractors of a company.

If your company is about to invest in launching a licensed product or brand in a new territory or product category, the most important provisions in the licensing agreement are generally the ones governing what happens when the license term ends. Simply put, the time to protect market-creation value is usually before it exists.