On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. On August 20, 2024, the United States District Court for the...more
8/27/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Constitutional Challenges ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lack of Authority ,
Non-Compete Agreements ,
Popular ,
Preliminary Injunctions ,
Regulatory Authority ,
Set-Asides ,
Statutory Authority
On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. On July 3, 2024, the United States District Court for the...more
7/8/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Popular ,
Preliminary Injunctions ,
Texas
The Federal Trade Commission (FTC) recently issued a Final Rule that invalidates non-compete clauses in standard employment agreements. This new regulation, with some limited exceptions, imposes a nationwide and retroactive...more
6/7/2024
/ Best Practices ,
Continuing Legal Education ,
Federal Trade Commission (FTC) ,
Final Rules ,
Inevitable Disclosure Doctrine ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets ,
Webinars
On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more
5/9/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Trade Commission (FTC) ,
Final Rules ,
Former Employee ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Notice Requirements ,
Popular ,
Regulatory Requirements ,
Trade Secrets
Amazon’s Patent Evaluation Express (APEX) program provides an expedited and low-cost tool for patent owners to stop the sale of infringing products on Amazon’s platform. But low cost does not mean low risk. The U.S. Court of...more
5/8/2024
/ Amazon ,
Apex Doctrine ,
Appeals ,
Declaratory Judgments ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patent Ownership ,
Patents ,
Remand ,
Reversal
Join Directors Daniel E. Yonan, Uma N. Everett, and Paul A. Ainsworth for the "ITC Section 337 Year in Review" webinar on Wednesday, February 28, 2024, at 2:00 p.m. EST. This webinar wraps up our 2023 series, Navigating the...more
2/22/2024
/ Continuing Legal Education ,
Design Patent ,
Hyundai ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Kia ,
Patent Infringement ,
Patent Litigation ,
Section 337 ,
Webinars
The year 2023 was marked by two landmark Commission determinations resulting in exclusion orders and cease and desist orders against a popular consumer wearable—the Apple Watch. both investigations focused on health...more
2/19/2024
/ Administrative Law Judge (ALJ) ,
Appeals ,
Apple ,
Comment Period ,
Food and Drug Administration (FDA) ,
Innovation Patent ,
International Trade Commission (ITC) ,
Patent Litigation ,
Patents ,
Public Interest ,
Technology
Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants...more
2/15/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Legislative Agendas ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Proposed Legislation ,
Regulatory Requirements ,
Section 337
Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants...more
2/15/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Legislative Agendas ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Proposed Legislation ,
Regulatory Requirements ,
Section 337
Directors Uma Everett and Paul Ainsworth will present the “Trade Secrets at the ITC” webinar on Wednesday, November 15, 2023, at 1:00 PM (EDT).
During the webinar, attendees will understand strategic considerations...more
Danny Yonan, Director and head of the firm’s ITC practice, and Directors Uma Everett and Paul Ainsworth will present the webinar "What is the ITC and How to Minimize Your Risk of Being Sued in that Forum" on Wednesday, July...more
In borrowing a page from the '80s band "Men Without Hats," on June 12, 2017, the U.S. Supreme Court brought greater certainty for both biosimilar applicants and originator companies. In Sandoz Inc. v. Amgen Inc., the Supreme...more
7/19/2017
/ Amgen ,
Biosimilars ,
BPCIA ,
Commercial Marketing ,
Declaratory Relief ,
Notice Requirements ,
Patent Dance ,
Patent Infringement ,
Remedies ,
Sandoz ,
Sandoz v Amgen ,
SCOTUS ,
State Law Claims
Biosimilars Around the World -
Last month’s Supreme Court ruling in Sandoz v. Amgen brought greater certainty to both biosimilar applicants and originators in the United States. The July 2017 issue of Sterne Kessler’s...more
In Sandoz Inc. v. Amgen Inc., the Supreme Court brought greater certainty to two key issues relating to the “patent dance” under the Biologics Price Competition and Innovation Act (BPCIA). First, the Court held that where a...more
6/13/2017
/ Amgen ,
Biologics ,
Biosimilars ,
BPCIA ,
Commercial Marketing ,
Declaratory Judgments ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Notice Requirements ,
Patent Dance ,
Patent Infringement ,
Patents ,
Pharmaceutical Patents ,
Preemption ,
Preliminary Injunctions ,
Sandoz ,
Sandoz v Amgen ,
SCOTUS ,
State Law Claims ,
Unfair Competition
In Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189 (U.S. May 30, 2017), the Supreme Court fundamentally changed patent licensing in the United States by eliminating a key limitation on patent exhaustion,...more
5/31/2017
/ Exports ,
Foreign Sales ,
Imports ,
Impression Products v Lexmark International ,
IP License ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
SCOTUS ,
Single-Use/No Resale Restriction ,
Stream of Commerce
The US Supreme Court this week held that the broad venue provision of 28 U.S.C. § 1391(c) does not apply to patent law—at least, when the defendant is a domestic entity. This decision arises after years of judicial...more
5/24/2017
/ Biologics ,
Biosimilars ,
BPCIA ,
Forum Selection ,
Hatch-Waxman ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
SCOTUS ,
State of Incorporation ,
TC Heartland LLC v Kraft Foods ,
Venue
This week, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law. Widely described as the most significant expansion of federal intellectual property law in years, the DTSA creates a new federal cause of...more