General Business Intellectual Property

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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The Future of “Single Use Restrictions” in Jeopardy

In 1992, the United States Court of Appeals for the Federal Circuit held that manufacturers of patented medical devices can use the patent laws to enforce single-use restrictions on medical devices. Mallinckrodt, Inc. v....more

DTSA’s First Verdict “Fig”-ure: Jam’n to the Tune of $500,000

In little under a year after its enactment, a Federal Court jury in the Eastern District of Pennsylvania issued the first verdict under the Defend Trade Secrets Act in favor of the Plaintiff Dalmatia Import Group, Inc. The...more

Selecting a Unique Brand for your Cannabis Business

All brands should strive to be unique. However, it is particularly important that businesses in competitive industries, like the cannabis industry, adopt brands that are highly distinctive and unique. Why? In competitive...more

The U.S. Supreme Court Hears Oral Argument in Much Anticipated Patent Exhaustion Case

On Tuesday, the U.S. Supreme Court heard oral argument in the highly anticipated case regarding the patent exhaustion doctrine, Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 15-1189...more

Hip, Hip, Hooray for Copyrightable Decorative Elements

After months of standing on the sidelines of the most closely watched case impacting the fashion industry in recent years, legal practitioners and fashion designers now have a framework for protecting decorative elements of...more

United States Supreme Court Confirms Works of Art Incorporated Into Useful Articles Are Protected Under Copyright Law

Copyright law has long provided protection for original works of art. There has been some uncertainty as to whether this protection is extended to artistic features that are incorporated into useful articles, which are not...more

Fashion Law Newsletter - March 2017

"Fashions fade, style is eternal." - Yves Saint Laurent - Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In this issue we...more

Three Stripes and You’re Out: adidas Seeks to Protect its Mark

On March 17, 2017, athletic apparel giant, adidas, filed suit against Juicy Couture, Inc. asserting trademark infringement and unfair competition claims. The case is styled adidas America Inc. et al. v. Juicy Couture Inc.,...more

SEC Registered Investment Advisers—A Review of 2016 and a Look at What’s Ahead for 2017

As we near the seventh anniversary of the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), private equity and hedge fund advisers are subject to an ever-increasing degree of supervision...more

UK: Employee Post-Termination Restrictions Under English Law: Five Things You Need To Know

It is often the case that the drafting of post-termination restrictions only comes into focus on enforcement. Ideally, however, the careful drafting of such restrictions should be a priority when drafting employment contracts...more

Help! Someone Copied My Stuff!

At some point in this digital age, almost every individual or business in the creative space will discover that somebody has copied them. You may see it yourself, or you may get the stomach-dropping “Doesn’t this look an...more

Keeping Up with the Kardashians’ Attempt to Compel Trademark Arbitration

In a case stemming from a trademark dispute involving a beauty line owned by the Kardashian sisters, the US Court of Appeals for the 11th Circuit affirmed the district court’s denial of a motion to compel arbitration filed by...more

Alert: What US Lawyers Should Know About Protecting Confidential Information in the UK

Confidential information can be one of a business's most prized and valuable assets, regardless of the industry in question. However, it is rarely something which can be locked in a safe because employees often require access...more

Supreme Court limits liability for shipping parts of patented inventions abroad

Generally, to infringe a U.S. patent, the infringing activity — the unauthorized making, using, offering to sell, selling, or importation — occurs within the United States. However, there are exceptions to this rule. Under 35...more

Remember – “March Madness” is a Trademark

We are in March. The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball’s national champion. Of these, many want to take advantage of the tournament to promote their...more

Bayer CropScience AG v. Dow Agrosciences LLC (Fed. Cir. 2016)

Earlier this month, in Bayer CropScience AG v. Dow Agrosciences LLC, the Federal Circuit concluded that the District Court for the Eastern District of Virginia correctly confirmed an international arbitration tribunal's award...more

Sovereign Immunity Can Shield State University Research Foundations in PTAB Proceedings

Addressing the application of the sovereign immunity defense under the 11th Amendment in the inter partes review (IPR) context, the Patent Trial and Appeal Board (PTAB) dismissed three IPR petitions, finding that the...more

The Cross-Industry Promise of Blockchain

The blockchain protocol (a form of a ‘distributed ledger system’) was originally designed as a platform to process Bitcoin transactions. The protocol enables peer-to-peer transactions and eliminates the need for a trusted...more

Intellectual property rights in a virtual world

This article will explore the key legal issues relating to intellectual property (IP) rights, traditionally only used in the real world, and their role in the virtual or augmented world. The basic legal position on including...more

DOJ and FTC Issue Updates to Antitrust Guidelines for the Licensing of Intellectual Property for the First Time Since 1995

For the first time, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have updated the Antitrust Guidelines for the Licensing of Intellectual Property (“IP Licensing Guidelines”). First issued in...more

Food and Beverage Law Update: March 2017

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

Life Technologies Corp. v. Promega Corp.: Supreme Court Limits Patent Infringement Liability for Suppliers Under § 271(f)(1)

The Supreme Court in Life Technologies Corp. v. Promega Corp held that providing a single component of a multicomponent invention for manufacture abroad does not give rise to patent infringement liability under 35 U.S.C. §...more

Bankruptcy Dispute Regarding “Coolcore” Trademark Heats Up in the First Circuit

In December 2015, the TMCA blogged about a decision in In re Tempnology, LLC, in which the Bankruptcy Court for the District of New Hampshire held that a debtor’s rejection of a licensing agreement in bankruptcy terminated...more

First Delivery Drones; Now Floating Warehouses

Amazon continues its claims to further innovation in the on-demand delivery space. Its latest patent attempts to give a “lift” to that quest. The USPTO very recently awarded Amazon a patent for giant warehouse blimps that...more

6 Key Takeaways, ACC Legal Quick Hit: Glass Half Empty or Half Full? Key Ways to Right-Size Joint IP Ownership

Kandace Watson, Kilpatrick Townsend Partner and Co-Chair of San Diego’s Association of Corporate Counsel Technology and Licensing Roundtable, recently led an interactive webinar titled “Legal Quick Hit: Glass Half Empty or...more

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