Jedediah Wakefield

Jedediah Wakefield

Fenwick & West LLP

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Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

2/25/2014 - America Invents Act Beastie Boys CLS Bank v Alice Corp Copyright Covered Business Method Patents EU European Commission Fair Use First-to-File First-to-Invent GoldieBlox Inter Partes Review Proceedings Irreparable Harm Patents Post-Grant Review PTO SCOTUS STEM Trade Secrets Trademark Litigation

Ninth Circuit Rejects Presumption of Irreparable Harm for Trademark Owners

Reversing decades of precedent, on Monday the Ninth Circuit ruled that trademark owners no longer enjoy a presumption of irreparable harm when seeking a preliminary injunction. As we wrote last year, the presumption of...more

12/5/2013 - Irreparable Harm Preliminary Injunctions Rebuttable Presumptions Trademarks

Intellectual Property Bulletin - Winter 2013

In This Bulletin: - Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case - Murky Waters: Post-Approval Regulatory Activities and the §...more

4/4/2013 - Covenant Not to Sue Drug Manufacturers FDA Generic Drugs Mootness Nike Public Performance Rights Safe Harbors SCOTUS Standing Trade Secrets Trademarks Transfer of Venue

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more

1/15/2013 - Already LLC Article III Covenant Not to Sue Declaratory Judgments Infringement Justiciable Controversy Mootness Nike SCOTUS Standing Subject Matter Jurisdiction Trade Dress Trademarks Voluntary Cessation

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