Patents County Court: Case Management Directions by Jane Lambert on 5/20/2012 Case management conferences are very important in Patents County Court litigation. They present the only opportunity to stay an action or transfer it to another court. They are the occasion when the court decides the...more
Franchise Review - May 2012: Franchising in Quebec by Osler, Hoskin & Harcourt LLP on 5/18/2012 When venturing into Quebec it’s important to be familiar with the Québec Charter of French Language (the Charter), which establishes French as the official language of Quebec and governs use of the French language in a broad...more
gTLD Launch: An Update on the TAS Interruption by Mintz Levin - Intellectual Property on 5/18/2012 As previously posted, ICANN’s TLD application system (“TAS”) has been plagued by a “technical glitch ” that has caused the online application system for new generic top level domains (gTLDs) to be taken offline in order to...more
In re Baxter International, Inc. (Fed. Cir. 2012) by McDonnell Boehnen Hulbert & Berghoff LLP on 5/18/2012 In a dissent from the Federal Circuit's affirmance of a Board determination of obviousness, Judge Newman raises a jurisdictional and separation-of-powers argument in In re Baxter International, Inc. that is destined to be...more
Federal Circuit Addresses Recapture Rule in Patent Reissue Proceedings by K&L Gates LLP on 5/18/2012 In its May 8 opinion In re Youman, the U.S. Court of Appeals for the Federal Circuit bolstered the utility of reissue proceedings as a means to broaden the scope of claims of issued U.S. patents. The Federal Circuit adopted a...more
RIP MCA: Beastie Boys Sued for Sampling [Video] by Bloomberg Law on 5/18/2012 May 18 (Bloomberg Law) -- On May 4, Adam Yauch – better known as MCA of the Beastie Boys – died at 47 after a battle with cancer, but his legal legacy lives on. The day before his death, the group was sued in federal...more
American Cheese, Indeed by Winthrop & Weinstine, P.A. on 5/18/2012 A couple of weeks ago my wife and I were dining out. Neither of us can remember the specifics (life with a newborn will do this to you), but my hazy recollection is that one of us ordered something with cheese, and following...more
ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators by Potter Anderson & Corroon LLP on 5/18/2012 Representing a compromise in the pharmaceutical industry in balancing patent exclusivity against market competition, the effect of the Drug Price Competition and Patent Term Restoration Act (commonly known as the Hatch-Waxman...more
Subpoena Twitter Accounts - New York Court Says "Yes!" by Tyson B. Snow on 5/17/2012 An interesting decision came out of New York recently. It is a criminal matter involving an Occupy Wall Street protestor who was arrested for disorderly conduct as he marched across the Brooklyn Bridge. While the case was...more
Monsanto Allowed to Put Genetically Modified Food on Your Plate by Lawyers.com on 5/17/2012 Farmers, seed distributors and food justice organizations filed an appeal after their lawsuit against agricultural giant Monsanto was dismissed. More than 80 plaintiffs, including the Organic Seed Growers and Trade...more
In-License Agreements With Nonprofits: 5 Considerations by Mintz Levin on 5/17/2012 Originally publish in Law360, New York (May 15, 2012, 1:01 PM ET) Many of the most successful and profitable technologies being developed and commercialized by technology-based companies, particularly in the areas of...more
Northern District of California Reiterates That You Can Monopolize a Technology Market by Howard Ullman on 5/17/2012 In Apple, Inc. v. Samsung Electronics Co., Ltd., Case No. 11-CV-01846 (N.D. Cal. May 14, 2012) (Koh, J.), a patent case, the court refused to dismiss Apple’s counterclaims, including a Sherman Act § 2 counterclaim, against...more
Duty to Defend a “Looney” Copyright Claim by Sedgwick LLP on 5/17/2012 Here’s a recent case we thought our readers would be interested in that was posted in our May 2012 Media Law Bulletin. When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island...more
Digital Media Law Alert -- Court Orders Search Engines and Social Sites to De-Index Websites -- May 2012 by Ruskin Moscou Faltischek on 5/17/2012 Hermes International SCA (www.Hermes.com), maker of Birkin handbags and silk scarves, recently won a judgment that includes $100 million in damages against 34 websites that sold fake copies of its luxury goods on websites...more
A Sea Change in the Safe Harbor by Manatt, Phelps & Phillips, LLP on 5/17/2012 To the delight of content owners everywhere, the Second Circuit Court of Appeals has become the first court in the country to rule that Internet Service Providers (ISPs) can be liable for copyright infringement even if they...more