ArticleFederal Circuit Expands The Definition Of Direct InfringementThe Supreme Court had ruled that, absent a direct infringer, Limelight could not be liable for indirect infringement under § 271(b). United StatesIntellectual PropertySmith Gambrell & Russell
ArticleIBM - Leading The World In InnovationIn the news this week, research firm IFI CLAIMS Patent Services reported that the U.S. Patent and Trademark Office granted 304,126 utility patents...United StatesIntellectual PropertySmith Gambrell & Russell
ArticleIs The 'Explosion' Of IP Litigation Cases A Mirage?What the data shows is that just looking at the number of lawsuits filed to conclude that there has been an 'explosion' of copyright and patent litigation in recent years can be misleading.United StatesIntellectual PropertySmith Gambrell & Russell
ArticleQuixotic Applicant Cannot Register Tilted Windmill DesignRichard Rivera wrote the article, "Quixotic Applicant Cannot Register Tilted Windmill Design," published in the latest International Trademark Association Bulletin. Below is an excerptUnited StatesIntellectual PropertySmith Gambrell & Russell
ArticleSGR Obtains Patent No. 9,399,144 On Method Of Using The Fundamental Code Unit Of Brain Language In A Medical Co-Processor Device (FCU/MCP)The patented technology provides diagnostic and treatment capabilities that use a unified code that is intrinsic to physiological brain function.United StatesIntellectual PropertySmith Gambrell & Russell
ArticleThe Halo Effect On Willful Patent InfringementFollowing a ten-day jury trial, a Florida jury found that some of BRP's Sea-Doo personal watercraft vehicles infringed two of Arctic Cat's patents relating to steering technology for personal watercraft. United StatesIntellectual PropertySmith Gambrell & Russell
ArticleTrademark Owners, Watch Out! USPTO Getting Strict On SpecimensIn order to register a trademark based on use in commerce, or to renew a registration based on a foreign or international registration, trademark owners are required to verify that the mark is in use in U.S. commerce...United StatesIntellectual PropertySmith Gambrell & Russell
ArticleWillful Patent Infringement And Enhanced DamagesStryker and Zimmer are competitors selling devices which are a combination spray gun and suction tube for cleaning tissue during surgeryUnited StatesIntellectual PropertySmith Gambrell & Russell
ArticleFederal Case Law Impacts Superfund Cost Recovery And Contribution ActionsSeveral recent court decisions provide additional clarity as to which section is appropriate given the procedural status of the claim.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleGeorgia Supreme Court Decision Regarding Causation Testimony In Asbestos CaseOn July 5, 2016, the Georgia Supreme Court issued a decision in Scapa Dryer Fabrics, Inc. v. Knight, et al., in which the plaintiff alleged he was exposed to asbestos-containing products at a textile manufacturer's facility...United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleIs A Foreign Country A More Convenient Forum For Litigation?O.C.G.A. § 9-10-31.1 allows a court to dismiss a lawsuit filed in Georgia, "for the convenience of the parties and witnesses" when that claim "would be more properly heard in a forum outside of" Georgia.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticlePublic Policy And Enforcing Contracts In GeorgiaSeveral Georgians borrowed modest sums and secured those loans using the proceeds they might recover on personal injury claims.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleRecent Developments With Kobe Steel, Ltd.Earlier this month, Kobe Steel, Ltd. made several public announcements stating that products it had shipped during the past year had not met customer specifications.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleThe End (Almost) Of "Physical Precedent" In GeorgiaOne of the unique aspects of decisions of the Georgia Court of Appeals has been the concept of "physical precedent." With rare exceptions, the Georgia Court of Appeals relies on three-judge panels to decide cases.United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleThe Georgia Supreme Court Will Look At Litigation FundingA previous post in this blog reported that the Georgia Court of Appeals decided in Cherokee Funding, LLC v. Ruth, Case No. A17A0132 (decided June 27, 2017) ...United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleFTC Imposes Record COPPA FineContinuing its aggressive approach to the enforcement of privacy law violations, the FTC last week imposed on Musical.ly, Inc., the operator of the popular TikTok app ...United StatesPrivacySmith Gambrell & Russell
ArticleIRS Clarifies Impact Of Postponed Tax Deadline On Retirement Plans, IRAs And HSAsLast week, following President Trump's March 13, 2020 declaration of a national emergency in response to the COVID-19 pandemic, the Internal Revenue Service (IRS) postponed the April 15, 2020...United StatesTaxSmith Gambrell & Russell
ArticleIs Deferred Compensation Dead Under The Proposed Tax Bill?If the Tax Cuts and Jobs Act (the "Act") is enacted, as currently drafted, then it would kill non-qualified deferred compensation as we know it today.United StatesTaxSmith Gambrell & Russell
ArticleLLCs, Partnerships And The Tax Time MachineMany LLCs and partnerships amended their governing documents in 2018 because of the various new tax rules that came into effect last year.United StatesTaxSmith Gambrell & Russell
ArticleTreasury Department Issues Guidance On Payroll Tax DeferralOn August 28, 2020, the U.S. Department of the Treasury issued guidance for employers with respect to the deferral of the employee portion of certain payroll taxes.United StatesTaxSmith Gambrell & Russell