Teri Nguyen

Teri Nguyen

McDermott Will & Emery

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Two Generics Can Make a Mark - Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

The U. S. Court of Appeals for the Federal Circuit vacated and remanded for further proceedings the decision of the Trademark Trial and Appeal Board (TTAB or Board) cancelling the registration of the mark PRETZEL CRISPS,...more

7/9/2015 - Appeals Food Manufacturers Frito-Lay Generic Trademark Registration Trademark Trial and Appeal Board Trademarks

Pre-Arbitration Injunction May Only Preserve Status Quo - Benihana, Inc. v. Benihana of Tokyo, LLC

In the context of a dispute surrounding a breach of a trademark license agreement that provided for arbitration of certain disputes, the U.S. Court of Appeals for the Second Circuit concluded that it was inappropriate for a...more

6/5/2015 - Arbitration Injunctions Intellectual Property Litigation Jurisdiction License Agreements Restaurant Industry Trademark Litigation Trademarks

An Easy First Impression: Joint Dismissal of Appellate Review - Versata Software, Inc. v. Callidus Software, Inc.

Addressing for the first time the propriety of vacating an appellate opinion when the underlying appeal is rendered moot before issuance of that opinion, the U.S. Court of Appeals for the Federal Circuit determined that it...more

5/8/2015 - America Invents Act Appeals Jurisdiction Mootness Patent Infringement Patent Litigation Patents Post-Grant Review Software Software Developers Subject Matter Jurisdiction

First Sale and Copyright Misuse Doctrines Available to Extinguish Rights to Products Purchased in Gray Market - Omega S.A. v....

In a short majority opinion, the U.S. Court of Appeals for the Ninth Circuit concluded that once a copyright claimant conceded that it authorized a first sale of the watches in a foreign jurisdiction, the first sale doctrine...more

3/19/2015 - Copyright Costco First Sale Doctrine Gray Market Goods Omega Retailers

Thirty-Year-Old Conspiracy to Misappropriate Trade Secrets Lives On - ABB Turbo Sys. AG, et al. v. TurboUSA, et al.

Addressing the standard for pleading trade secret misappropriation and conspiracy under Florida law, the U.S. Court of Appeals for the Federal Circuit reversed an order from the U.S. District Court for the Southern District...more

3/2/2015 - Appeals Misappropriation Pleading Standards Statute of Limitations Trade Secrets

Claim Differentiation Fails to Save Patentees from Their Own Words

Cardsoft, LLC v. Verifone, Inc.; World Class Technology Corp. v. Ormco Corp. - In each of two essentially contemporaneous decisions, the U.S. Court of Appeals for the Federal Circuit rejected the patentee’s contentions...more

11/26/2014 - Claim Construction Patent Litigation Patents

A Hypothetical-License Damages Theory Must Be Rooted in Non-Hypothetical Evidence

Oracle Corporation v. SAP AG - The U.S. Court of Appeals for the Ninth Circuit has explained that a copyright owner is not required to show that it actually would have granted a license to the defendant before it can...more

11/24/2014 - Appeals Calculation of Damages Copyright Copyright Infringement Damages IP License License Agreements Oracle SAP America Inc.

A Warehouse Full of Unapproved Genetically-Modified Seeds; Now What?

Syngenta Seeds, Inc. v. Bunge North America, Inc. - The U.S. Court of Appeals for the Eighth Circuit addressed allegations of breach and false advertising against an agricultural product storage and transport company,...more

11/3/2014 - Appeals Breach of Contract Exports False Advertising Genetically Engineered Seed GMO

Stop the Music (or Be Vicariously Liable)

Broadcast Music, Inc., et al v. Meadowlake, Ltd. - The U.S. Court of Appeals for the Sixth Circuit found a restaurant owner personally liable where the restaurant played recorded and live music without authorization,...more

8/18/2014 - Copyright Copyright Infringement Music Music Industry Popular The Copyright Act

Exaggerated Allegations Based on Essentially No Evidence Equals Rule 11 Sanctions - Heller v. Cepia L.L.C.

The U.S. Court of Appeals for the Ninth Circuit affirmed the imposition of Rule 11 sanctions of $5,000 on a plaintiff’s attorney for exaggerating allegations in a complaint. As the court explained, the mere “presence of some...more

4/9/2014 - Abuse of Discretion Evidence Rule 11 Sanctions

No Non-Organic Mushrooms Welcome Here! - Hokto Kinoko Co. and Hokuto Co., Ltd. v. Concord Farms, Inc.

Addressing the issue of whether an importer of non-organic mushrooms from a Japanese producer infringed a trademark owned by the U.S. subsidiary of the Japanese producer, the U.S. Court of Appeals for the Ninth Circuit upheld...more

2/5/2014 - Organic Trademark Litigation Trademarks

Innocent Bystanders of Cybersquatting: Neutral Domain Name Registrars - Petroliam Nasional Berhad (Petronas) v. GoDaddy.com, Inc.

Addressing for the first time the issue of whether the Anticybersquatting Consumer Protection Act (ACPA), which added two cybersquatting causes of action to the Lanham Act, provides for secondary liability, the U.S. Court of...more

1/6/2014 - ACPA Cybersquatting Domain Names

IP Update, Vol. 16, No. 8, August 2013

President Disapproves ITC Exclusion Order - For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission (ITC) has been disapproved by the...more

8/29/2013 - Copyright Exclusion Orders ITC Mobile Devices Patents Trademarks

13 Results
|
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×