Lincoln Mayer

Lincoln Mayer

McDermott Will & Emery

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FTC Commissioners Disagree on Section 5 Authority

Section 5 of the Federal Trade Commission (FTC) Act confers broad enforcement powers on the Commission to prohibit “unfair methods of competition.” In her February 13, 2014 keynote address to the Competition Law & Economics...more

3/7/2014 - FTC Section 5

Lawmakers Go Hunting for “Patent Trolls”

Oregon has now become the second state to take aim at non-practicing entities (NPEs), more colorfully called “patent trolls,” with laws addressing patent enforcement. On February 25, 2014, the state attorney general...more

3/5/2014 - Patent Reform Patent Trolls Patents

U.S. International Trade Commission Grants Injunctive Relief on Standard Essential Patent

The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was...more

6/19/2013 - Apple FRAND Imports Infringement Injunctions ITC Patents Samsung Standards-Essential Patents

IP Update, Vol. 16, No. 5, May 2013

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

5/31/2013 - Arbitration Bowman v Monsanto Claim Construction CLS Bank CLS Bank v Alice Corp Copyright FRAND Genetically Engineered Seed Infringement Monsanto Obviousness Patent Exhaustion Patents SCOTUS Self-Replicating Inventions Standards-Essential Patents Standing Trademarks

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme...more

5/17/2013 - Antitrust Investigations Bowman v Monsanto Genetically Engineered Seed Monsanto Patent Exhaustion Patents Seeds

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