Jacob Wharton

Jacob Wharton

Womble Carlyle Sandridge & Rice, LLP

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Latest Publications


No Time to Relax for Inflatable Lounger Companies

With their newly issued design patent in hand, Fatboy the Original B.V. and Fatboy USA have quickly acted to defend their place on the sand. ...more

9/20/2016 - Design Patent Patent Infringement

EPA Issues Final Rule on Formaldehyde Emission Standards for Composite Wood Products

On Wednesday, July 27, 2016, the Environmental Protection Agency (“EPA”) released a prepublication version of its final rule on Formaldehyde Emission Standards for Composite Wood Products. The authority for the rule comes...more

8/4/2016 - CARB Distributors EPA Final Rules Importers Manufacturers National Emissions Standards Reporting Requirements Retailers Toxic Substances Control Act (TSCA) Warning Labels

EPA Issues Final Rule to Protect the Public from Exposure to Formaldehyde

Today the EPA issued its final rule related to formaldehyde emissions standards. This rule will affect manufacturers, importers, distributors, and retailers of furniture manufactured with composite woods (hardwood plywood...more

7/28/2016 - EPA Final Rules Furniture Industry Manufacturers Toxic Chemicals

"Defend Trade Secrets Act" - How Will This New Law Affect Your Business?

With a near unanimous (410-2) vote on April 27, 2016, the House passed the “Defend Trade Secrets Act” (“DTSA”). Having already been passed by the Senate (87-0), the legislation advances to President Obama, who has signaled...more

5/4/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Employment Contract Ex Parte Intellectual Property Protection Misappropriation Non-Disclosure Agreement Notice Requirements Pending Legislation Private Right of Action Remedies State Law Claims Trade Secrets Whistleblower Protection Policies

Federal Circuit Confirms Laches Remains Available in Patent Infringement Actions

Laches is an equitable defense based on a plaintiff’s unreasonable delay in pursuing a claim. In 2014, the Supreme Court effectively eliminated the laches defense in copyright cases, ruling that the copyright statute allows...more

9/23/2015 - Copyright En Banc Review Ex Partes Reexamination Laches Limitation Periods Non-Practicing Entities PATENT Act Patent Infringement Patent Invalidity Patent Litigation Patents Petition For Rehearing Petrella v. MGM Prior Art SCOTUS

Is "New Vintage" On the Way Out?

The furniture business is constantly evolving. New trends come and go. Some stick around for a while, and some burn bright for what constitutes a fleeting second in the industry. The New Times reports that "New Vintage" is...more

8/3/2015 - Design Patent Furniture Industry Patents

Don't Name Your Furniture Store After A Grocery Store

On May 14, 2015, Aldi Inc., the grocery store chain, sued Aldis Furniture Inc. for contempt of a 2002 consent decree. See Aldi Inc. v. Aldsi Furniture Inc., et al., 2:15-cv-2696 (N.D. Ill.). The parties tussled before and...more

5/19/2015 - Grocery Stores Retailers Trademark Infringement Trademarks

Plugged-In Furniture - What's Past Is Prologue

As furniture becomes more and more tech-driven (e.g., USB ports, chargers, coolers, etc.) we can sometimes forget that claims to advancements in the basic sofa have been around for some time. Today's Westlaw's "Headnote of...more

10/8/2014 - Advertising False Advertising Furniture Industry Injunctions

Amini Sues Yuan Tai Enterprises - Again

Amini Innovation Corporation ("AICO") filed suit on June 30, 2014 in the United States District Court for the Central District of California (AICO's home court) again Yuan Tai Enterprises, Inc., a Texas corporation. The...more

7/8/2014 - Copyright Furniture Industry Infringement Manufacturers Patent Infringement Patents

NC Begins Work On Patent Troll Bill

Recently, a joint legislative committee sent a report to the North Carolina General Assembly that recommended passing an anti-troll bill during the legislature’s 2014 Short Session. A copy of the bill may be found here. The...more

4/29/2014 - Extortion Patent Infringement Patent Trolls Proposed Legislation

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