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  • Article

    Federal Circuit Dismisses IPR Petitioner's Appeal Of Final Written Decision For Lack Of Standing

    Earlier this month, the Federal Circuit dismissed for lack of standing an appeal filed by an inter partes review petitioner of a final written decision issued by the PTAB that held two instituted claims not unpatentable.
    United StatesIntellectual Property
    Akin
    Akin
  • Article

    Federal Circuit Finds No Bar to TTAB Opposition After Final Decision in District Court Infringement Action

    Noting the many important distinctions between trademark infringement actions and trademark oppositions, the U.S. Court of Appeals for the Federal Circuit has held that failure in one does not automatically preclude pursuing the other.
    United StatesIntellectual Property
McDermott Will & Emery
McDermott Will & Emery
  • Article

    Federal Circuit Holds Pleading‑Level Knowledge Triggers DTSA Statute Of Limitations

    The Federal Circuit's recent decision in Insulet Corp. v. EOFlow addresses a critical question in trade secret litigation: when does the statute of limitations begin to run under the Defend Trade Secrets Act? The court's application of an access-plus-similarity framework and its treatment of multiple related trade secrets as a single claim for limitations purposes has significant implications for how companies must monitor and respond to potential misappropriation.
    United StatesIntellectual Property
    A&O Shearman
    A&O Shearman
  • Article

    Federal Court Rejects Albert Einstein Right of Publicity Claim

    In rejecting a right of publicity claim by Hebrew University of Jerusalem, which claims to control the rights to Albert Einstein, a California federal court has ruled that the common law right of publicity under New Jersey law has a maximum post-mortem duration of 50 years.
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Foley Hoag Tells Supreme Court That Congressional Guarantees For Patents Are Being Negated By Courts

    Foley Hoag LLP attorneys, on behalf of the New York Intellectual Property Association (NYIPLA), filed an amicus curiae brief at the U.S. Supreme Court in Cellect, LLC v. Katherine Vidal...
    United StatesIntellectual Property
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    IPR: Scope Of Estoppel

    IPR includes an estoppel provision, similar to that provided by the inter partes reexamination statute.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    No Junior Associates, No Hearing: Supplementation Granted

    In an effort to promote judicial efficiency, Courts often allow a plaintiff to supplement its complaint if doing so would settle the parties' controversies in one action.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Patent Owner Must Be Subject To Personal Jurisdiction For Declaratory Judgment

    The Federal Circuit agreed and concluded that the district court's refusal to allow New World a second chance at the pleading was not an abuse of discretion.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Premature Threats, Premature Suit: No Declaratory Judgment Jurisdiction Based On Threats Prior To Patent Issuance

    The Middle District of Florida recently dismissed a declaratory judgment claim for non-infringement in a patent dispute involving flood panel systems. The court held that cease-and-desist demands made before a patent issued, without subsequent post-issuance threats, did not establish the actual controversy required under Article III to maintain such an action.
    United StatesIntellectual Property
    Akin
    Akin
  • Article

    The Honorable Judge Douglas P. Woodlock To Become Senior Judge

    Judge Douglas P. Woodlock of the United States District Court for the District of Massachusetts has advised President Obama that he will become a Senior Judge on June 1, 2015.
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Trademark "Tacking" Questions Should Go To A Jury, SCOTUS Rules

    The Supreme Court issued its first substantive trademark decision of the current term yesterday in Hana Financial, Inc. v. Hana Bank.
    United StatesIntellectual Property
    BakerHostetler
    BakerHostetler
  • Article

    What Qualifies as a Famous-Mark Exception to the Territoriality Principle?

    The U.S. Court of Appeals for the Ninth Circuit has now found that the famous-mark exception to the territoriality principle gave the owner of a famous mark superior geographical rights.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    New York's Highest Court Dismisses Complaint By French Asset Management Firm Alleging Breach Of Fiduciary Duty And Unlawful Interference With Contract

    Oddo Asset Mgt. v. Barclays Bank PLC, et al., No. 126 (NY 2012), involves the application of state common law principles to an international transaction gone bad.
    United StatesInternational Law
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    Seventh Circuit Upholds Corporate Liability Under The Alien Tort Statute

    On Monday, July 11, for the second time in four days, a U.S. appellate court issued a decision stating that corporations are proper defendants in cases involving claims under the Alien Tort Statute ("ATS").
    United StatesInternational Law
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Maximizing Access To Justice Through Pro Bono Priorities

    Earlier this month, a Law360 article explored a fundamental—yet often overlooked—question: whether the long-held standard practice of tallying pro bono hours remains "the best way to measure pro bono success."
    United StatesLaw Department Performance
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    2016 Mitigating Risk: Key Litigation Developments - Commercial Litigation: Procedural Issues >> Protecting The Attorney-Client Privilege While Using Third-Party Consultants

    There can be no question that business and legal transactions have become increasingly multi-disciplinary and complex.
    United StatesLitigation, Mediation & Arbitration
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    A Motion By Any Other Name . . . .

    Courts often note that they should avoid exalting form over substance when interpreting laws. Similarly, in construing legal filings, courts typically eschew reliance on document titles in favour...
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    A Motion By Any Other Name...

    Most appeals in federal court must be taken within 30 days of entry of a final judgment.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    A Poor Substitute: The Eastern District Of Texas Holds That Facebook Screenshots Are Not Sufficient To Avoid Sanctions Under Rule 37

    In Edwards v. Junior State of America Foundation, the Eastern District of Texas determined that screenshots of social media messages are not sufficient evidentiary substitutes for spoliated native files.
    United StatesLitigation, Mediation & Arbitration
    FBT Gibbons
    FBT Gibbons
  • Article

    A Reminder From The Seventh Circuit To Proofread The Form Of The Judgment

    The Seventh Circuit’s docket appears to be rife with cases involving little errors that turn out to have not-so-little effects.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Showing 801–820 of 4296 results

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