Civil Remedies, Intellectual Property, Antitrust & Trade Regulation

A New Front in The Patent Wars: CJEU Asked for Guidance on Limits to Injunctive Relief

by David Henry, Wilko van Weert, Philipp Werner | McDermott Will & Emery on 4/11/2013

The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more

Standard Essential Patents Come Under Scrutiny of the DOJ, FTC, and PTO

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/1/2013

Introduction - Increased public and regulatory attention has been recently given to litigation remedies available to standard essential patent (“SEP”) holders who have committed to offer patent licenses on fair,...more

Free Product Distribution or Discounted Component Distribution Likely Does Not Exhaust Patent Rights

by Howard Ullman on 3/22/2013

In LifeScan, Inc. v. Shasta Technologies, LLC, 2013 U.S. Dist. LEXIS 38677 (N.D. Cal. Mar. 19, 2013), Judge Davila granted plaintiff’s motion for a preliminary injunction to address claims of patent infringement, and...more

The Joint DOJ and PTO Perspective on Standards-Essential Patents as Compared to that of the FTC

by Erin Murdock-Park | BakerHostetler on 2/12/2013

On January 8, the U.S. Department of Justice, Antitrust Division (“DOJ”) and the U.S. Patent & Trademark Office (“PTO”) (collectively, “the Agencies”) issued a joint policy statement regarding remedies for Standards-Essential...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

by Simon Baxter, Alec Chang, Ian John, James Keyte, Sharis Pozen, Ingrid Vandenborre | Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2013

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

In a Rarely-Seen Joint-Effort in the Competition Arena, the DOJ and the USPTO Unite in Issuing a Policy Statement on Remedies...

by Mona Solouki | Sheppard Mullin Richter & Hampton LLP on 1/21/2013

On January 8, 2013 – less than a week after the Federal Trade Commission ("FTC") entered into a consent order with Google,[1] under which Google is generally banned from seeking injunctions on its F/RAND[2] -encumbered...more

Recent FTC Developments Regarding Standard Essential Patents

by Erin Murdock-Park | BakerHostetler on 1/15/2013

The FTC recently issued two decisions and proposed consent orders concerning Section 5 of the Federal Trade Commission Act (“FTCA”) and standard essential patents (“SEPs”). Not only do these decisions emphasize the...more

Justice Department and Patent Office Issue “Policy Statement” Regarding Remedies for Standards-Essential Patents

by John L. Cooper, Alex Reese | Farella Braun + Martel LLP on 1/11/2013

In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more

"FTC Ends Google Investigation With a ‘Slap on the Wrist’"

by Alec Chang, Matthew Hendrickson, Sharis Pozen, Steven Sunshine, Sean Tepe | Skadden, Arps, Slate, Meagher & Flom LLP on 1/4/2013

On January 3, 2013, the Federal Trade Commission (FTC) ended its highly publicized and wide-ranging investigation into Google Inc.’s business practices with an enforcement action that has been described by some as a “slap on...more

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

Watch Your Assets Series Part Four: Key Injunction Strategies

by John C. Glancy, Tobias E. Schlueter | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/12/2012

In this series of blog posts, we have examined the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who have solicited clients...more

Direct Purchasers Can Bring Walker Process Claims

by Howard Ullman on 12/6/2012

In Ritz Camera & Image v. SanDisk Corp., No. 2012-1183 (Fed. Cir. Nov. 20, 2012), the Federal Circuit held that direct purchasers have antitrust standing to bring Walker Process claims....more

Proposed Remedies in the Midst of the Patent Wars: EU and US Antitrust Watchdogs Push to Strengthen FRAND in Standard Setting

by McDermott Will & Emery on 11/20/2012

Chief Economists from the US Federal Trade Commission, the US Department of Justice and the EU Directorate General for Competition, have agreed on a set of four, non-binding suggestions that should—if followed by...more

Fourth Circuit Affirms Personal Jurisdiction Over Non-U.S. Defendants, Upholds Extraterritorial Jurisdiction under the Copyright...

by Cadwalader - International Practice Law Group on 8/22/2012

Tire Engineering and Distribution, LLC et al. v. Shandong Linglong Rubber Company, Ltd. et al., No. 10-2271 (4th Cir. 2012), addresses several issues of international practice. The plaintiff sued non-U.S. defendant, not in...more

Draft Amendment to China's Copyright Law

by Sheppard Mullin Richter & Hampton LLP on 5/30/2012

The Copyright Law of the People’s Republic of China (“Copyright Law”) came into effect on June 1, 1991, and has since been followed by two rounds of revisions. The first round of revisions was in order to accommodate China’s...more

Spring Cleaning: FTC Announces Settlement with Oreck Corporation Regarding Vacuum Cleaner and Air Purifier Claims

by Foley Hoag LLP - Trademark, Copyright &... on 5/23/2012

The Federal Trade Commission has been busy. On the heels of its $40 million settlement with Skechers, one of the largest of its kind, the Commission yesterday announced that it has settled with Oreck Corporation regarding...more

Shape-up or Ship-out: FTC Sends Tough Message to Marketers of Toning Shoes But Fails to Clarify Murky Standard

by Foley Hoag LLP - Trademark, Copyright &... on 5/17/2012

After much hype on Twitter regarding an action against a “major marketer of consumer goods,” the Federal Trade Commission today announced that it has settled with Skechers USA, Inc. over allegedly deceptive claims that the...more

From the .XXX Files: Porn Industry Giants Sue Over New Domain Name Registry

by Foley Hoag LLP - Trademark, Copyright &... on 11/22/2011

The .xxx domain name registry was approved by ICANN and is now taking applications via your friendly neighborhood domain name registrar, so you would be forgiven for thinking that opponents of the .xxx domain are ready to...more

The Federal Circuit Paves the Way for the International Trade Commission to Stop Imports Derived from Trade Secret Theft in...

by Orrick, Herrington & Sutcliffe LLP on 10/17/2011

The United States Court of Appeals for the Federal Circuit recently issued a decision that paves the way for domestic trade secret owners to seek relief from the United States International Trade Commission (ITC) for the...more

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Civil Remedies › Intellectual Property › Antitrust & Trade Regulation