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Let There Be Discounts! Copyrights Cannot Be Used To Control Importation Or Impair Competition

Who does not like a good discount? Well, manufacturers, like Omega, for one. Fortunately for consumers, in Omega S.A. v. Costco Wholesale Corp., (January 20, 2015, 11-57137) ___ F.3d ___, the Ninth Circuit recently affirmed a...more

Newsletter: January 2015

In This Issue: - Main Article: ..EC Competition Law: Latest Developments Provide Ever Greater Opportunities for Private Enforcement - Noted With Interest: ..The Strategy of Lone Pine Orders: Timing...more

Protecting Polka Dots and Zebra Stripes Through Copyright: Eleventh Circuit Affirms Ruling that Boot Designs are Infringed (But...

A relatively common problem affecting the fashion industry is claims of copyright infringement over designs that appear on clothing and other merchandise. In particular, retailers create product overseas, unaware that a...more

Canada Begins Border Enforcement for Counterfeits

On January 1, 2015, the Government of Canada declared into force new border controls designed to prevent counterfeit and copyright infringing goods from entering and exiting Canada. The new border controls empower officers of...more

Staging a Multi-front Patent War

Although the United States may still occupy a leading position when companies are deciding where to enforce their patent rights worldwide, patentees who hold patent rights in multiple countries have started opening up...more

ITC Section 337 Update – December 2014

GAO Issues Report Evaluating Customs’ Exclusion Order Enforcement Processes – On November, 2014, the U.S. Government Accountability Office (“GAO”) issued a Report entitled Intellectual Property: U.S. Customs And Border...more

Gamasonic Seeks Lights Out For Solar Goes Green “Copycat” Solar Powered Light

Gamasonic Ltd. (“Gamasonic”), an Israeli corporation with a place of business in Tel Aviv, filed a patent infringement action on September 30, 2014 against Solar Goes Green, LLC (“Solar”), an Indiana corporation, with a...more

Defense to Patent Infringement if Acts Were Performed in a “Quasigovernmental” Capacity Pursuant to a Legal Obligation

A recent Federal Circuit opinion highlights a defense that is available to defendants whose alleged infringement occurred through activities that were undertaken for the United States. In particular, where the United States...more

Will the European Court force Germany to bid farewell to Orange Book?

The Advocate General’s advisory Opinion in the Huawei v. ZTE FRAND Case (C- 170/13) would, if followed by the full European Court of Justice (ECJ), usher in a significant shift in the playing field in German litigation on...more

Advocate General Wathelet takes the “middle path” in Huawei v. ZTE

In adopting what he regards as a “middle path” approach between over- and under-protecting intellectual property rights, Advocate General Wathelet’s Opinion in the Huawei v ZTE litigation provides our first hint as to the...more

ITC Section 337 Update – November 2014

ITC Trial Lawyers Association Annual Meeting: November 13, 2014 – ITCTLA held its Annual Meeting on November 13, in Commission Main Hearing Room. Highlights of the meeting, included Chairman Broadbent’s opening remarks...more

Breaking ground for FRAND-licences

The long-awaited Opinion delivered by Advocate General Wathelet on 20 November 2014 in the dispute opposing Huawei and ZTE (Case C-170/13) sheds a new and bright light on the legal landscape for injunctions in SEP-FRAND...more

3D trademark and design: the Tripp Trapp case

When looking for a registered protection for 3D shapes of goods or their packaging, companies may consider both trademark and design registration. Industrial design protection is usually time-limited, whilst trademark...more

ITC Section 337 Update – October 2014 #2

Appellee Commission and Intervenor Cross Match Submit Briefs Supporting Overturning Federal Circuit Split Panel Decision in Suprema – On October 15, 2014, Appellee Commission filed an En Banc Brief and Intervenor Cross Match...more

Ninth Circuit Finds Permanent Injunction Questionable Despite Trademark Infringement

La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real - While affirming trademark infringement with respect to a Mexican hotel chain’s use of its trademark in the United States, the U.S. Court of Appeals...more

Counterfeit Goods: Has the War on ISPs Just Gotten Tougher?

The pressure on ISPs to take responsibility for the sites accessible through their services has been growing in recent years (e.g., the requirement for certain ISPs to block filesharing sites). On October 17, 2014, the High...more

IP Newsflash - October 2014 #4

U.S.I.T.C. May Not Issue Exclusionary Order Due to Induced Infringement When Direct Infringement Occurs Only After Importation - In a panel decision, the Court of Appeals for the Federal Circuit reversed a United...more

Website Blocking Orders - A New Tool in the Fight Against Online Trade in Counterfeit Goods

There are many ways in which online trade in counterfeit goods can be tackled. Unfortunately, they are often ineffective and in many cases expensive. ...more

Converse: Stomping Out Counterfeits through Int’l Trade Commission Proceedings

Earlier this week, Converse launched an all-out offensive to combat what it considers counterfeit and knock-off versions of its Chuck Taylor All-Star line of sneakers. Reports peg the number as at least 22 separate lawsuits...more

Legal FAQ: Introduction to Patent Litigation

1. Who enforces a patent? The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from...more

Trademark Review - La Quinta Hotels, Kia, and Fab Again (September 2014)

Co-Existence Outside of the U.S. Might be Relevant to Obtaining a Permanent Injunction in U.S. La Quinta has operated LA QUINTA hotels and motels in the United States since 1968. Quinta Real operates QUINTA...more

Preparing to Defend a Section 337 Action: What District Court Litigators Need to Know

The U.S. International Trade Commission (“ITC” or “the Commission”) is an important venue for patentees. Cases are guaranteed a decision within sixteen months of the institution of the investigation and success provides...more

ITC Section 337 Update – August 29, 2014

Northern District Court Of Illinois Contemplates Holding Asserted Patent Unenforceable Based On Breach Of FRAND Commitment – On July 23, 2014, Judge James Holderman issued an Order to Show Cause and Jury Verdict in...more

ITC Section 337 Update – August 2014

Fifth Annual "Live at the ITC" – On July 30, 2014, the Fifth Annual Forum on Section 337 and Other Developments at the U.S. International Trade Commission, entitled Live at the ITC, was co-sponsored by the ABA-IPL...more

ITC Issues Its First Stay of a CDO - In the matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making...

For the first time the U.S. International Trade Commission (U.S. ITC) issued a stay of a cease and desist order (CDO) issued at the conclusion of an investigation under § 337 of the Tariff Act. In the matter of Certain...more

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