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Revenue-Driven Licensing Activities Fail to Satisfy Domestic Industry Requirement for ITC Action

The ALJ terminated the ITC investigation upon granting respondent's motion for summary judgment for lack of domestic industry, finding that the complainant's (a licensing entity) patent-related activities were solely...more

ITC ALJ Breaks New Ground, Further Heightening the DI Requirement for NPEs in § 337 Cases

According to a recent initial determination by an Administrative Law Judge of the International Trade Commission, a purely revenue-driven NPE cannot prove the existence of a domestic industry by relying solely on the...more

Landry's Inc. v. Flores: NLRB Ruling Bucks Trend, Hints that Non-Infringement Provisions in Employee Handbooks may be Lawful

On June 26, a National Labor Relations Board (NLRB) judge ruled that Landry’s Inc., parent of Bubba Gump Shrimp Co., did not violate federal labor laws with its policy governing employees’ use of social media. Administrative...more

Division of Tax Appeals Rules Patent License Fees Not Subject to Sales Tax in New York

A New York State Division of Tax Appeals administrative law judge (ALJ) recently ruled in favor of a medical device and technology company on the question of whether patent license fees that the company charged to its...more

Generic Drug Company Licensees Avoid Patented Medicines Price Oversight

In nearly identical decisions released on May 27, 2014, Sandoz Canada Inc v Canada, 2014 FC 501 (Sandoz) and ratiopharm Inc v Canada, 2014 FC 502 (ratiopharm), the Federal Court of Canada held that some licensees of patents...more

FDA Draft Guidance Proposes Change to Combination Product Exclusivity Policy

New market exclusivity opportunities emerge for pharmaceutical companies. In draft guidance released by the Food and Drug Administration (FDA or the Agency) on February 24, 2014, the Agency proposed changes to its...more

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug...more

Obama Administration Reports on Efforts to Prevent Trade Secret Misappropriation

The Obama Administration issued a Report earlier this month, entitled "Administration Strategy on Mitigating the Theft of U.S. Trade Secrets," that sets forth its efforts to prevent trade secret misappropriation. The Report...more

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

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

Chinese Government Decision May Help Brands Protect Themselves

Anyone trying to stop Chinese counterfeiters learns almost immediately that most of the information that would ordinarily identify China-based owners of a URL or website is false. That makes it costly or impossible to...more

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more

IP 101 – 10 Things to Know About Trademarks

1. What is a trademark? A trademark is a brand name for a product. It can be a word, phrase, logo, design, or virtually anything that is used to identify the source of the product and distinguish it from competitors’...more

BLG Monthly Update for January 2013

Pot-smoking teens, ownership of e-mail, insider trading on false info -- all this and more in the BLG Monthly Update for January 2013!...more

Are the Regulators Coming after the Patent Trolls?

The Federal Trade Commission and the Department of Justice recently held a workshop to discuss the effects of patent assertion entities (PAEs) on innovation and competition....more

Fashion Law Making Strides off the Runway: 2012 Year in Review

This year has been marked by significant judicial and legislative developments relating to the fashion industry in the United States....more

FTC/DOJ Workshop Shines Spotlight On Competitive Harms and Benefits of Patent Assertion Entities

On Monday, December 10, 2012, the Federal Trade Commission and the Antitrust Division of the Department of Justice held a joint workshop (Agenda) on the activities of patent assertion entities (“PAEs”). PAEs, sometimes...more

USPTO Proposes to Require Disclosure of Patent Ownership, Exclusive Licenses

Last year, on November 23, 2011, the USPTO announced that it was considering collecting information on patent ownership and requiring disclosure of patent ownership information throughout the patent application process....more

No Plaque on This Scope Bottle Trademark

Would you place this mouth wash bottle on your bathroom counter or hide it under the counter? The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as...more

Corporate Compliance with Licensing Requirements

Software and technology licensing fees are often tied to the number of users or devices that access an application or database. More users, or more devices, will often mean higher licensing fees. The terms and conditions...more

Momentum for Additive Manufacturing Continues to Grow: USPTO Customer Partnership Meeting Announced

Momentum for “additive manufacturing” (aka “3D printing”) continues to grow. The USPTO recently announced a customer partnership meeting to be held on January 23, 2013....more

Patent Watch: Cummins, Inc. v. TAS Distrib. Co.

[R]es judicata [may attach where] the present matter relates to patent invalidity, misuse, and unenforceability [and] the prior case dealt only with enforcing the "all reasonable efforts to market and sell" under [a license...more

Pizza And Trade Secrets: These Are A Few Of My Favorite Things

Earlier this year, the U.S. Commerce Department released a report titled "Intellectual Property and the U.S. Economy: Industry in Focus," which made clear the following point...more

U.S.-China Trade Concerns Highlighted In Report To Congress

On November 14, 2012, the U.S.-China Economic and Security Review Commission (“USCC”) released its annual report to Congress on developments in both bilateral trade relations with the People’s Republic of China (“China”) and...more

Antitrust Monopolization Considerations in Licensing Cutting-Edge Food Technology Patents

The term pioneer patent is often misapplied with hyperbole and exaggeration. When it comes to the shrimp peeling machine invented by Fernand and James Lapeyre, however, that blockbuster label is spot-on. Their automated...more

The Unforeseeable Transaction: Apple Argues that the California Song-Beverly Credit Card Act Should Not Apply To Online Retailers

When is a gallon of gas like an iTunes track? That may sound like a riddle from a Lewis Carroll novel, but it was one of the questions considered by the California Supreme Court during oral arguments in Apple v. Superior...more

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