Constitutional Law, Commercial Law & Contracts, Intellectual Property

A Cure For Antitrust Standing?

by Deirdre McInerney, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

Recently, the Third Circuit reexamined the test for antitrust standing in Ethypharm S. A. France v. Abbott Laboratories. The importance of the opinion, however, lies not just in the court’s affirmation of the multifactor test...more

WLF Submits Comments on Abbott's Citizen Petition on Biosimilars

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 3/7/2013

Last April, Abbott Laboratories filed a Citizen Petition with the U.S. Food and Drug Administration, asking the agency to refrain from accepting biosimilar applications under the Biologics Price Competition and Innovation Act...more

Federal Circuit Review - Volume 3 | Issue 2 February 2013

by Knobbe Martens Olson & Bear LLP on 2/28/2013

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

by Jason Britt, John Zabriskie | Foley & Lardner LLP on 2/22/2013

On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain...more

Antitrust and Competition Newsletter - February 2013

by Orrick, Herrington & Sutcliffe LLP on 2/8/2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

2012 Media Year in Review Media Law Bulletin - January 2013

by John Stephens | Sedgwick LLP on 1/23/2013

Now that 2013 has arrived, we look forward to a new year of media cases. However, in order to orient ourselves for 2013, it is important to stop and take a look back at some of the relevant entertainment and media cases of...more

A Covenant Not to Sue May Avoid Invalidity Claims

by Kelly Craven, Bobby Ghajar | Pillsbury Winthrop Shaw Pittman LLP on 1/17/2013

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue

by Janet F. Satterthwaite | Venable LLP on 1/16/2013

The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a...more

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

by Jedediah Wakefield, Sean Wikner | Fenwick & West LLP on 1/15/2013

In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more

Supreme Court: Broad Covenant Not to Sue Negates Jurisdiction over Counterclaims for Non-Infringement and Cancellation of...

by Paul Devinsky, Rita Weeks | McDermott Will & Emery on 1/15/2013

In Already, LLC v. Nike, Inc., the Supreme Court of the United States ruled that the trademark plaintiff’s voluntary dismissal of its infringement suit, together with a covenant not to sue, deprived the district court of...more

Already v. Nike: The Supreme Court Finds Covenant Not to Sue Made Competitor’s Claim for Invalidity of Trademark Moot

by Kenneth Kuwayti | Morrison & Foerster LLP on 1/13/2013

The U.S. Supreme Court issued its opinion yesterday in the closely-watched case, Already, LLC v. Nike, Inc. In a decision that is almost certain to affect patent owners as well, the Court unanimously affirmed the Second...more

Copyright Issues in Textbook Case

by Cullen and Dykman LLP on 11/19/2012

On Monday, October 29, 2012 the U.S. Supreme Court heard oral arguments on an action involving a college student who sold overseas editions of college textbooks to help finance his education. ...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - October 25, 2012

by Loeb & Loeb LLP on 10/25/2012

Table of Contents: - Claybrook v. American Broadcasting Company: District court dismisses putative class action alleging racial discrimination in casting of shows The Bachelor and The Bachelorette, holding that...more

Celebrities Protected by 'Right of Publicity'

by Jeffrey Albright | Lewis and Roca LLP on 7/10/2012

Star gazing takes on new meaning in New Mexico as the state’s film industry continues to grow. You might spot stars like Johnny Depp, Lou Diamond Phillips, Arnold Schwarzenegger and Juliet Lopez in Albuquerque since...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- June 28, 2012

by Loeb & Loeb LLP on 6/29/2012

Table of Contents: - Federal Communications Commission v. Fox Television Stations, Inc. - U.S. Supreme Court finds FCC's indecency rulings regarding isolated utterances of profanity and brief depictions of female...more

Resale Right / Droit de Suite Developments

by Heenan Blaikie LLP on 6/4/2012

As I noted previously (Forgotten corner of the copyright canvas), California has, until recently, been the only North American jurisdiction with an "artist's resale right / droit de suite" statute. However, as a result of a...more

IP Update, Vol. 15, No. 1, January 2012

by McDermott Will & Emery on 2/1/2012

Supreme Court Restoration of Copyright in Foreign Works Passes Constitution Muster Patents No Declaratory Judgment Jurisdiction over Non-Asserted Claims; Injunction Affirmed Preliminary Injunctions...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - November 3, 2011

by Loeb & Loeb LLP on 11/4/2011

Table of Contents: •Bethesda Softworks, L.L.C. v. Interplay Entertainment Corp. •Tiwari v. NBC Universal, Inc. Bethesda Softworks, L.L.C. v. Interplay Entertainment Corp., USCA Fourth Circuit, October 26,...more

Mexico Non-Compete and Trade Secrets Law: A Primer for U.S. In-House Counsel

by Fisher & Phillips LLP on 11/3/2011

On paper, the restrictive covenant law in Mexico looks a bit like California, but on closer examination it may be easier for a company to achieve certain goals in Mexico. For U.S. practitioners, Mexico offers an interesting...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - July 6, 2011

by Loeb & Loeb LLP on 7/7/2011

Table of Contents: •Brown, Governor of California, et al. v. Entertainment Merchants Association et al. •Penguin Group (USA) Inc. v. American Buddha Brown, Governor of California, et al. v. Entertainment Merchants...more

Last Month at the Federal Circuit - June 2011

by Finnegan on 6/30/2011

In this issue: Reissue Claims Rejected for Impermissibly Recapturing Subject Matter Surrendered During Prosecution of Original Patent Application; Evidence of Secondary Considerations Can Be Commensurate with the Scope of the...more

Noncompete News: Uncertainty Remains Regarding Georgia Noncompete Laws

by FordHarrison on 4/19/2011

On November 3, 2010, Georgia voters approved a constitutional amendment giving effect to the Georgia Restrictive Covenants Act ("RCA"). What we do know is that the RCA constitutes a monumental change to existing Georgia...more

Noncompete News: Uncertainty Remains Regarding Georgia Noncompete Laws

by FordHarrison on 3/11/2011

On November 3, 2010, Georgia voters approved a constitutional amendment giving effect to the Georgia Restrictive Covenants Act ("RCA"). What we do know is that the RCA constitutes a monumental change to existing Georgia...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - March 9, 2011

by Loeb & Loeb LLP on 3/9/2011

Table of Contents: • Best v. Berard • Lapine v. Seinfeld Best v. Berard, USDC N.D. Illinois, March 3, 2011 • In right of publicity action relating to reality TV show Female Forces, court grants defendants’ motion...more

When Does an Exclusive Licensee Have Standing to Sue for Patent Infringement?

by Venable LLP on 1/31/2011

WiAV Solutions LLC claimed to be the exclusive licensee of seven patents owned by Mindspeed Technologies, and it sued six companies for infringement. The defendants countered that WiAV could not sue them because WiAV was not...more

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Constitutional Law › Commercial Law & Contracts › Intellectual Property

A Cure For Antitrust Standing?

WLF Submits Comments on Abbott's Citizen Petition on Biosimilars

Federal Circuit Review - Volume 3 | Issue 2 February 2013

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

Antitrust and Competition Newsletter - February 2013

2012 Media Year in Review Media Law Bulletin - January 2013

A Covenant Not to Sue May Avoid Invalidity Claims

If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

Supreme Court: Broad Covenant Not to Sue Negates Jurisdiction over Counterclaims for Non-Infringement and Cancellation of...

Already v. Nike: The Supreme Court Finds Covenant Not to Sue Made Competitor’s Claim for Invalidity of Trademark Moot

Copyright Issues in Textbook Case

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - October 25, 2012

Celebrities Protected by 'Right of Publicity'

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- June 28, 2012

Resale Right / Droit de Suite Developments

IP Update, Vol. 15, No. 1, January 2012

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - November 3, 2011

Mexico Non-Compete and Trade Secrets Law: A Primer for U.S. In-House Counsel

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - July 6, 2011

Last Month at the Federal Circuit - June 2011

Noncompete News: Uncertainty Remains Regarding Georgia Noncompete Laws

Noncompete News: Uncertainty Remains Regarding Georgia Noncompete Laws

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - March 9, 2011

When Does an Exclusive Licensee Have Standing to Sue for Patent Infringement?

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