Intellectual Property Law | JD Supra Legal News, Updates, Analysis, & Information

Spring Cleaning: FTC Announces Settlement with Oreck Corporation Regarding Vacuum Cleaner and Air Purifier Claims

by Foley Hoag LLP - Trademark, Copyright &... on 5/23/2012

The Federal Trade Commission has been busy. On the heels of its $40 million settlement with Skechers, one of the largest of its kind, the Commission yesterday announced that it has settled with Oreck Corporation regarding...more

Northern District of California Reiterates That You Can Monopolize a Technology Market

by Howard Ullman on 5/17/2012

In Apple, Inc. v. Samsung Electronics Co., Ltd., Case No. 11-CV-01846 (N.D. Cal. May 14, 2012) (Koh, J.), a patent case, the court refused to dismiss Apple’s counterclaims, including a Sherman Act § 2 counterclaim, against...more

Shape-up or Ship-out: FTC Sends Tough Message to Marketers of Toning Shoes But Fails to Clarify Murky Standard

by Foley Hoag LLP - Trademark, Copyright &... on 5/17/2012

After much hype on Twitter regarding an action against a “major marketer of consumer goods,” the Federal Trade Commission today announced that it has settled with Skechers USA, Inc. over allegedly deceptive claims that the...more

Section 337: tips for discovery in ITC’s rocket-docket

by Snell & Wilmer L.L.P. on 5/15/2012

Reprinted and/or posted with the permission of Daily Journal Corp. (2012). It’s 4 p.m. on a Friday and your client calls in a panic after sending you a complaint for patent infringement, along with a lengthy set of...more

Advertising Law -- May 10, 2012

by Manatt, Phelps & Phillips, LLP on 5/14/2012

In This Issue: *Class Certified in Abercrombie & Fitch Gift Card Case *Prize Promotion Business Is No “Prize” *Reebok Firms Up EasyTone Marketing Claims After FTC Settlement *Chipotle Substantiates Claims in “Back...more

Advertising News & Analysis - May 4, 2012

by Venable LLP on 5/11/2012

In this issue: - UGG, Hermes Score Victories Against Counterfeiters - FTC Announces Preliminary Agenda for “DotCom Disclosures” Workshop - CA Law, FTC Regulation Give Cause for Care With “Made in USA”...more

Nine Potential Patent Licensing “No-Nos”

by Howard Ullman on 5/10/2012

We’re two-thirds of the way through this series. So far we’ve covered: 1. Patent/Product Tying 2. Requiring the Licensee to Assign Back Subsequent Patents 3. Restricting the Right of the Purchaser of the...more

Eleventh Circuit Rejects FTC Challenge to Reverse Payment Settlement

by Morgan Lewis on 5/10/2012

Decision by court of appeals affirms that settlements that do not expand the exclusionary scope of a patent are not subject to antitrust challenge. On April 25, the U.S. Court of Appeals for the Eleventh Circuit affirmed...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

Eleventh Circuit Reaffirms That "Pay-For-Delay" Settlement Agreements Are Largely Immune From Antitrust Attack

by Akerman Senterfitt on 5/7/2012

A "pay-for-delay" settlement agreement, also referred to as a reverse payment agreement, is a type of patent litigation settlement in which a patent holder pays an allegedly infringing generic drug company to delay entering...more

Potential Patent Licensing “No-No” # 6: Mandatory Package Licenses

by Howard Ullman on 5/4/2012

According to the federal enforcement agencies’ antitrust/IP guidelines: Package licensing – the licensing of multiple items of intellectual property in a single license or in a group of related licenses – may be a form...more

Trade & Manufacturing Alert - May 2012

by King & Spalding on 5/3/2012

In This Issue: - 01 World Trade Organization Forms Compliance Panel In Airbus Case - 02 USTR Details Issues And Progress On Foreign Trade Barriers - 03 The “Bigger Brazil” Industrial Plan Grows Again - 03 Commerce...more

Settling a Patent Lawsuit Can’t Violate the Antitrust Laws

by Howard Ullman on 4/27/2012

So the court in Federal Trade Commission v. Watson Pharmaceuticals, Inc., No. 10-12729 (11th Cir. Apr. 25, 2012) held (or more accurately reconfirmed). I’ve written about this issue previously (see my 2009 article on “The...more

SanDisk’s Flash Memory Patent Licenses and Royalties Do Not Support Antitrust Claims

by Howard Ullman on 4/25/2012

In PNY Technologies, Inc. v. SanDisk Corp., Case No. C-11-04689 YGR (April 20, 2012) (Gonzalez Rogers, J.), the court dismissed (with leave to amend) PNY’s antitrust claims against SanDisk Corp. The case again demonstrates...more

Advertising Law -- April 12, 2012

by Manatt, Phelps & Phillips, LLP on 4/13/2012

In This Issue: Entertainment & Media Finance Attorney Jordan Lichtman Joins Manatt; FTC Settles with RockYou for Alleged Privacy Violations; To Pin or Not to Pin…That Is the Question; Were Those Jeans Really "Born in the...more

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Intellectual Property – May 23, 2012

Narrowed by: Antitrust & Trade Regulation