My Fellow Californians - Our Long National Nightmare is Over by Sheppard Mullin Richter & Hampton LLP on 5/23/2012 In the same era Gerald Ford advised his fellow Americans that “our long national nightmare is over,” as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale...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
Venable Vitae - May 2012 by Venable LLP on 5/8/2012 In this issue: - Improper Calculations of Patent Term Adjustment Where Responses Are Timely Filed Under the Next Business Day Rule - FDA Regulations and the Regulation of Constitutionally Protected Speech - FDA...more
Advertising Law -- May 4, 2012 by Manatt, Phelps & Phillips, LLP on 5/7/2012 In This Issue: *Manatt Expands Intellectual Property Practice in New York *Federal Court Rules Muscle Milk Lawsuit Needs More Muscle *How Much Is That App in the Window? *City Ordinance Banning Outdoor Tobacco...more
Luck of the Draw by Lewis and Roca LLP on 4/30/2012 Let me first say that I love football and I went to Stanford. But not when Stanford had good football teams, no, no. I went to Stanford when we were lucky to win 4 games in the season. So the recent, phenomenal success of...more
Learning the Rights and Wrongs of Commercial Speech by Loeb & Loeb LLP on 4/27/2012 Michael Jordan recently learned that his achievements on the basketball court do not translate into success in court when his opponent is the First Amendment. In a ruling against Mr. Jordan, a federal judge in Chicago...more
Abbott Asks FDA to Refuse Certain Biosimilar Applications by McDonnell Boehnen Hulbert & Berghoff LLP on 4/24/2012 In a Citizen Petition filed with the U.S. Food and Drug Administration on April 2, Abbott Laboratories requested that the FDA refrain from accepting biosimilar applications under the Biologics Price Competition and Innovation...more
SCOTUS Takes "Grey Market" Goods Resale Case [Video] by Bloomberg Law on 4/20/2012 April 20 (Bloomberg Law) -- This week the U.S. Supreme Court agreed to consider whether discount retailers violate copyright laws by selling tens of billions of dollars in "grey market" products that were first bought...more
Bottling the Free Flow of Information: A Comparative Analysis of U.S. and EU Database Protection by David Tamaroff on 4/19/2012 Tamaroff Law co-founder, David Tamaroff, was recently published as the lead billing in the Wake Forest Journal of Business and Intellectual Property Law. Tamaroff's article, Bottling the Free Flow of Information: A...more
Life After Death - Right of Publicity Law by Sheppard Mullin Richter & Hampton LLP on 4/16/2012 Society is consumed with celebrity. We can survey Hollywood marriages and divorces, analyze Golden Globe wardrobe choices and comment upon the latest Lindsey Lohan foible. It is not surprising that many artists have channeled...more
Second Circuit YouTube Ruling Will Have Major Impact for Online-Piracy Debate by Ifrah Law - Strategic Defense in Federal... on 4/11/2012 What had been touted as a great victory for Google in particular and for “Internet freedom” in general was just dealt a major blow when the U.S. Court of Appeals for the Second Circuit Court of Appeals overturned a lower...more
What Is Trademark Parody, Really? Louis Vuitton Puts UPENN in the Fashion Spotlight for a Perfect Case Study by Wahab & Medenica LLC on 4/9/2012 Fashion brands are again making news in trademark jurisprudence. If the holding in the Louboutin case left you wanting more, we bring you Louis Vuitton v. U.Penn and the irreverent world of trademark parodies. The...more
Retired NFL Players' Suit Against EA to Continue by Pillsbury Social Media, Entertainment &... on 4/4/2012 On March 30, 2012 the California federal judge hearing the lawsuit initiated by a putative class of retired NFL players against Electronic Arts Inc. denied EA's motion to dismiss the suit and to strike the complaint. The...more
The Public Domain – Is It Going To The Birds? by Venable LLP on 3/20/2012 On January 18, 2012, the Supreme Court confirmed 6-2 that certain works that had entered the public domain could have their copyright restored. Golan v. Holder, Case No. 10-545. The works affected are estimated to number in...more
The Burden of Online Misdeeds: Who Should Be Responsible by Fenwick & West LLP on 3/20/2012 On Jan. 18, the Internet had its first general strike. Dozens of websites shut down in protest of two bills making their way through Congress – the Stop Online Piracy Act and PROTECT IP Act . The bills’ supporters argued that...more