Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more
8/10/2017
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Disparagement ,
Extraterritoriality Rules ,
First Amendment ,
Free Speech ,
Impression Products v Lexmark International ,
Jurisdiction ,
Laches ,
Lanham Act ,
Matal v Tam ,
Microsoft v Baker ,
Music Industry ,
Online Platforms ,
Patent Exhaustion ,
Patent Infringement ,
Patents ,
Petrella v. MGM ,
SCOTUS ,
Social Networks ,
Star Athletica v Varsity Brands ,
TC Heartland LLC v Kraft Foods ,
The Slants ,
Trademark Registration ,
Trademarks ,
Venue
California’s Eraser Law: What IP Attorneys and Owners Need to Know -
Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more
6/23/2015
/ Abstract Ideas ,
Attorney's Fees ,
Bad Faith ,
Claim Construction ,
COPPA ,
Copyright Office ,
DMCA ,
Employer Liability Issues ,
Facebook ,
Hiring & Firing ,
Induced Infringement ,
Laches ,
Minor Eraser Law ,
Misappropriation ,
Patents ,
Recruitment Incentives ,
Rulemaking Process ,
Section 101 ,
Social Media ,
Social Networks ,
Software ,
Takedown Notices ,
Trade Secrets ,
Trademarks ,
Twitter
This week, the Supreme Court issued an important ruling that will significantly impact the way parties handle trademark disputes in the United States. The opinion in B&B Hardware, Inv. v. Hargis Industries, Inc., 575 U.S....more
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
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 ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Mootness ,
Nike ,
Pharmaceutical Industry ,
Public Performance Rights ,
Safe Harbors ,
SCOTUS ,
Standing ,
Trade Secrets ,
Trademarks ,
Transfer of Venue
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