Constitutional Law Intellectual Property International Trade

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

US China Trade War Developments - Trade, IP, Antitrust and Securities

There have been major developments in the trade, Chinese Antidumping, 337, litigation, US/Chinese antitrust, and securities areas. TRADE - THE ANTICOMPETITIVE IMPACT OF US ANTIDUMPING LAW IN CHINA AND THE US...more

AGCOM And The Administrative Enforcement Of IP Rights

The Issues Concerning the Legitimacy of the Regulations - At the end of a process started in 2010, after three public consultations on an equal number of proposals, on December 12, 2012 AGCOM (i.e. the Italian...more

U.S. v. LIEW: Jury Selection Focuses On Anti-China Bias In Industrial Espionage Case

A federal judge questioned prospective jurors closely Tuesday for signs of anti-China bias in the industrial espionage trial of a U.S. citizen who prosecutors say fed secrets to a Chinese company. Prosecutors allege...more

SPI in high spirits after suit against STOLI marks is dismissed for lack of standing

In Federal Treasury Enterprise Sojuzplodoimport v SPI Spirits Ltd, the US Court of Appeals for the Second Circuit has affirmed the dismissal of a lawsuit over certain US registered trademarks related to Stolichnayabrand...more

University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V et al. (Fed. Cir. 2013) Hidden Field

The Federal Circuit, in a split decision, affirmed denial of motions to dismiss on jurisdictional grounds and Federal Court joinder rules in University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V...more

Congress Conducts Hearings on Section 337 Litigation at the International Trade Commission

On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job...more

International Reach Given to First Sale Doctrine in Kirtsaeng Deals a Blow to Copyright Owners

In a decision likely to have broad implications on international consumerism and alternative markets, the Supreme Court, in Kirtsaeng v. John Wiley & Sons, articulated the contours of the Copyright Act’s first sale doctrine...more

Federal Circuit Review - Volume 3 | Issue 2 February 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

Antitrust and Competition Newsletter - February 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

Copyright Issues in Textbook Case

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

In Effort to Extradite UK Man in Piracy Case, DOJ Is Overreaching

A current anti-piracy case demonstrates the U.S. government’s intent to enforce its copyright laws not just beyond national borders, but beyond the extent of logic. The U.S. Department of Justice has issued an arrest warrant...more

Bottling the Free Flow of Information: A Comparative Analysis of U.S. and EU Database Protection

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

Supreme Court Upholds Restoration of U.S. Copyright Protection for Foreign Works in the Public Domain

If you confront the question whether a foreign book, movie, song, artistic work, or other work of authorship is still in copyright in the U.S. or whether such a foreign work is being infringed in the United States, take note...more

Curtain Call: Supremes Bow to Congressional Authority on Copyright Terms

The curtain has closed on judicial review of Congress’ authority regarding copyright terms, and now Congress reprises on center stage. The high court, in Golan v. Holder, recently bowed to Congress’ broad constitutional...more

Restoration of Copyright in Foreign Works Passes Constitutional Muster

A 1994 statute extended U.S. copyright protection to foreign works previously unprotected in the United States, removing an estimated “millions” of foreign works from free, public domain availability. Recently, the Supreme...more

Citizen of a State under Article IV, Section 2, Clause 1 can be a litigant in federal court

The Fourteenth Amendment was adopted on July 28, 1868. The Fourteenth Amendment according to the Supreme Court of the United States, in the Slaughterhouse Cases, changed citizenship under the Constitution. ...more

October 2011: Appellate Litigation Update

Overview of Intellectual Property Cases Before the Supreme Court in the October 2011 Term: In keeping with its recent trend, the Supreme Court has so far agreed to hear one copyright and several patent cases during the...more

Golen v. Holder

Brief of Amicus Curiae The CATO Institute in Support of Petitioner

In 1920, the Supreme Court decided an obscure case concerning the implementation of a treaty between the United States and Canada regarding migratory birds. Tucked into Justice Oliver Wendell Holmes's five-page decision in...more

ECJ Declares Proposed European and Community Patents Court Unconstitutional

On 8 March 2011, the European Court of Justice handed down its Opinion No 1/09, in which it found that the proposed agreement on the community patents court is not compatible with the provisions of the European Union...more

Derivative Works in US Copyright Law

Following up the earlier post "Canadian Copyright and Derivative Rights in Non-Fiction Books", Christina Bohannan has recently published Taming the Derivative Works Right: A Modest Proposal for Reducing Overbreadth and...more

Golan v. Holder: Public Domain Free Use Prevails Over Copyright Restoration of Foreign Works

This casenote analyzes a recent decision by the 10th Circuit Court of Appeals that held that public domain free use of certain artistic works works (specifically those of international origin, such as Peter and the Wolf, and...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Manatt and BNA Launch Audioconference Series on Consumer Product Safety Improvement Act - Part of BNA’s "Legal and Business EDge" Coverage of Current Topics *Supreme Court Brings End to COPA...more

22 Results
|
View per page
Page: of 1

Follow Constitutional Law Updates on: