Ann Fort

Ann Fort

Sutherland Asbill & Brennan LLP

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Going Au Naturel: New York Federal Judge’s Recent Decision Represents the Increasing Class Action Litigation Risks of “Natural”...

In today’s competitive food and beverage industry, product labeling plays a significant role in marketing. Labels touting a product’s “natural” ingredients or health benefits allow manufacturers to charge a premium for their...more

10/5/2016 - Corporate Counsel Express Warranty False Advertising Magnuson-Moss Act Natural Products Product Labels Putative Class Actions

Righting Copyright Wrongs Remains Elusive – Kirtsaeng Leaves Fee Awards to District Court Discretion

On June 16, the U.S. Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons Inc., No. 15-375, resolved a circuit court split by reaffirming the test district courts should use to determine whether to award attorney’s fees...more

6/20/2016 - Attorney's Fees Copyright Infringement Fee Awards Fee-Shifting First Sale Doctrine Kirtsaeng v. John Wiley & Sons Prevailing Party SCOTUS The Copyright Act

Stay Out of the Weeds: Egregious, Not Garden-Variety, Patent Infringement Is Subject to Enhanced Damages

On June 13, the U.S. Supreme Court unanimously rejected the Federal Circuit’s rigid two-part test for awarding enhanced damages in patent cases. In two cases decided together, Halo Elecs., Inc. v. Pulse Elecs., Inc., and...more

6/15/2016 - 35 U.S.C. § 284 Enhanced Damages Halo v Pulse Judicial Discretion Octane Fitness v. ICON Patent Infringement Patent Litigation Patents Preponderance of the Evidence SCOTUS Seagate Stryker v Zimmer Willful Infringement

UPDATE: Federal Defend Trade Secrets Act Signed Into Law; Employers May Need to Notify Employees

After overwhelming passage in both the House and Senate, President Obama signed the Defend Trade Secrets Act into law on April 11, 2016. The Act provides a truly uniform, nationwide set of standards for protecting trade...more

5/13/2016 - Consultants Defend Trade Secrets Act (DTSA) Employment Contract Independent Contractors New Legislation Notice Requirements Private Right of Action Restrictive Covenants Trade Secrets Whistleblower Protection Policies

UPDATE: Federal Defend Trade Secrets Act Clears the House, Passage into Law Expected

As expected, overwhelming support for the Defend Trade Secrets Act of 2016 led to its passage in the U.S. House of Representatives yesterday by a 410-2 vote. During the floor debate, one Congressman noted that “Congress has...more

4/29/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Employment Contract Ex Parte Intellectual Property Protection Misappropriation Pending Legislation Private Right of Action Remedies Trade Secrets Whistleblower Protection Policies

Federal Defend Trade Secrets Act Clears the Senate: Is the Uniform Act on Life Support?

The U.S. Senate has unanimously approved a bill increasing the protections available to companies for their commercial secrets. The Defend Trade Secrets Act of 2016 (DTSA or the Act) provides for the first time a truly...more

4/12/2016 - Corporate Counsel Defend Trade Secrets Act (DTSA) Employment Contract Intellectual Property Protection Misappropriation Pending Legislation Popular Private Right of Action Remedies Trade Secrets Uniform Trade Secrets Acts Whistleblower Protection Policies

Trademark Wars: The First Amendment Strikes Back – Lanham Act’s Disparaging Trademark Registration Ban Struck Down as...

The U.S. Court of Appeals for the Federal Circuit, en banc, has ruled that Section 2(a) of the Lanham Act precluding “disparaging” trademark registrations is unconstitutional, rejecting the argument that trademark...more

12/30/2015 - Disparagement First Amendment Lanham Act Redskins Strict Scrutiny Standard Trademark Cancellation Trademark Litigation Trademark Registration

The Finite Life of a Patent Upheld: No Royalties After Expiration

The U.S. Supreme Court, in a 6 to 3 ruling citing stare decisis, upheld the half-century rule against royalty payments accruing after expiration of a patent. The Court’s decision in Kimble v. Marvel Entertainment, LLC is a...more

6/24/2015 - Brulotte Expiration Date Kimble v Marvel Enterprises License Agreements Patent Expiration Patent Infringement Patent Royalties Patents Royalties SCOTUS Settlement Agreements Stare Decisis

“Use It or Lose It”: Service Mark Registration Canceled When Application Supported Only by Advertising

On March 2, 2015, the U.S. Court of Appeals for the Federal Circuit issued its first-ever ruling addressing use requirements for registering service marks. The court held that offering a service, without the actual rendering...more

3/6/2015 - Advertising Appeals Lanham Act Registration Service Marks Use in Commerce

U.S. Supreme Court Unanimously Rules That Juries Should Decide Trademark Tacking

In its first substantive trademark ruling in more than a decade, the U.S. Supreme Court unanimously held on January 21, in Hana Financial, Inc. v. Hana Bank et al., No. 13-1211, that tacking – which is whether two trademarks...more

1/26/2015 - Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademarks

De Novo Review of Claim Construction No Longer the De Facto Standard

On January 20, the U.S. Supreme Court, in Teva Pharmaceuticals USA, Inc. v. Sandoz, rejected the de novo review standard applied by the U.S. Court of Appeals for the Federal Circuit when reviewing all claim construction...more

1/22/2015 - Claim Construction Clear Error Standard De Novo Standard of Review Intellectual Property Litigation Patent Litigation Patents Pharmaceutical Industry Prescription Drugs SCOTUS Standard of Review Teva Pharmaceuticals Teva v Sandoz

What Do You Mean? Nautilus Ruling Holds That a Patent Claim Must Convey with Reasonable Certainty the Scope of the Invention

On June 2, a unanimous U.S. Supreme Court held in Nautilus Inc. v. Biosig Instruments Inc. that a patent claim may be found indefinite if it fails to convey the scope of the invention “with reasonable certainty” to a person...more

6/4/2014 - Claim Construction Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

It Takes One to Infringe: Akamai Ruling Holds That Induced Infringement Requires Direct Infringement by a Single Party

On June 2, 2014, a unanimous U.S. Supreme Court held in Limelight Networks, Inc. v. Akamai Technologies, Inc. that direct infringement by a single party is a prerequisite to a finding of induced infringement. In doing so, the...more

6/3/2014 - Akamai Technologies Appeals Direct Infringement En Banc Review Induced Infringement Limelight Networks Patent Infringement Patent Litigation Patents SCOTUS

Legal Alert: UPDATE: The Hare Loses Steam – Patent Litigation Reform Law Unlikely This Year

Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling...more

5/26/2014 - Apple Attorney's Fees DuPont Fee-Shifting Ford Motor FTC General Electric Highmark Highmark v. Allcare IBM Innovation Act Medtronic Microsoft Octane Fitness v. ICON Patent Litigation Patent Reform Patent Trolls Patents Pfizer USPTO

High Octane Patent Litigation? Supreme Court Relaxes Standards for Awarding Attorneys' Fees While Increasing Deference on Appeal

In twin unanimous opinions issued yesterday, the U.S. Supreme Court has rejected long-standing Federal Circuit rules governing the award of attorneys’ fees to the prevailing party in patent litigation, and appellate review of...more

4/30/2014 - Attorney's Fees Brooks Furniture Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

Legal Alert: Better Luck Next Time? Trial Judge Rejects RICO Claim Against Innovatio IP Ventures, Wireless Hot Spot NPE

For those interested in the unique legal issues presented by the licensing and litigation efforts of non-practicing entities, the Chicago-based litigation involving non-practicing entity Innovatio IP Ventures, LLC, has...more

2/8/2013 - Breach of Contract False Statements Licenses Non-Practicing Entities Patents RICO

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