Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Generic Drugs to Market - What's the Climate in 2014?
The Building Blocks of a Technology Deal
Emerging Strategies for Protecting Global IP Rights
Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry
Warranty vs. Indemnity
What should my company be aware of when launching a new website?
Demonstratives in Post-Grant Proceedings
Video: Claim Contruction in Post-Grant Proceedings
Why Choose the Dual Track Process?
Claim Amendments in Post-Grant Proceedings
Due Diligence in Mergers, Acquisitions, and Corporate Transactions
International Patent Laws – Interview with Julian Crump, Managing Member, Mintz Levin's London, UK Office
Court Stay Factors in Concurrent Post-Grant Proceedings
Navigating the Dual Track M&A/IPO– Part One
Biosimilars in the U.S. and Abroad
Patent Mediation – Interview with John Delehanty, Member, Mintz Levin
Patent Eligibility Challenges in Post-Grant Proceedings
Witnesses in Post-Grant Proceedings
Four Tips on Preparing Inter Partes Review Petitions
Precedential Impact of Patent Trial & Appeal Board Decisions in Post-Grant Proceedings
A recent opinion from the Western District of Virginia sets forth a useful framework for analyzing a variety of Lanham Act claims based on false commercial speech uttered in social media....more
In This Issue -
..World Class: The International Proliferation of Class Actions
Noted With Interest:
..Inequitable Conduct After Therasense: Calling a Knave a Knave
ITC Seeking Public Comments On Draft Strategic Plan FY 2014-2018 –
The ITC released a Draft Strategic Plan 2014-18 and invited public comment. All comments and any questions must be submitted by e-mail to...more
Angelica Textile Services, Inc. v. Park, No. D062405 (October 15, 2013): A California Court of Appeal recently held that claims of breach of contract, breach of fiduciary duty, and unfair competition are not “displaced” or...more
This Thanksgiving, Trade Secrets Watch is serving a delicious tale about protecting trade secrets in a franchising relationship.
In 1994, Quizno’s entered into a franchise agreement with Robert Kampendahl, an...more
This past Friday, Starbucks received yet another blow in its 12-year long trademark dispute against Wolfe’s Borough Coffee Inc. The Second Circuit affirmed U.S. District Judge Laura Taylor Swain’s decision and found that...more
Courts continue to define the scope of the emerging trade secret displacement doctrine, (commonly referred to as preemption) which stems from California's Uniform Trade Secrets Act ("UTSA"). The UTSA contains a relatively...more
Texas recently adopted the Uniform Trade Secrets Act, making it effective on September 1, 2013. S.B. 953, 83rd Leg., Reg. Sess., § 4 (Tex. 2013) (the “Act”). The Act has been adopted by 46 other states, plus the U.S. Virgin...more
Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more
Earlier this month, the 7th Circuit Court of Appeals reversed a district court’s decision invalidating a copyright registration, in spite of its agreement with the lower court’s factual finding that the copyright registrant...more
I’ve written many times about Section 16600 of California’s Business & Professions Code which, with limited exceptions, voids covenants not to compete. See TRO Issued Enjoining Breach Of Non-Compete Agreement Clauses, No...more
In a case whose facts plainly compelled the outcome, California’s Fourth Appellate District held on October 15, 2013 in Angelica Textile Services, Inc. v. Jaye Park, No. D062405 that a claim for trade secret misappropriation...more
Previously, we posted about Governor Peter Shumlin signing into law Vermont’s first-in-the-nation (and so far only-in-the-nation) patent troll legislation helping Vermont businesses protect themselves from bad faith patent...more
Simply alleging economic losses suffered in the state where its business was located was insufficient for a producer to bring intellectual-property claims resulting from unlicensed foreign distribution of the spoof-horror...more
A company that has filed a series of cases alleging infringement of a patent has found itself named as a defendant sued under the federal Racketeering and Corrupt Organizations Act (RICO). The case, FindTheBest.com, Inc. v....more
In almost all corporate transactions, the first piece of written documentation the parties exchange and execute (after a non-disclosure agreement) is a letter of intent or term sheet (“LOI”), which is intended to summarize...more
An outline of privacy law that cites to potential causes of action, whether common law or statutory, with a focus on New York law....more
There is more to learn from Southwestern Energy Production Co. v. Berry-Helfand and Muncey, discussed in a recent post.
Damages – With Room to Run, the Expert Scores.
Courts are entitled to be “flexible and...more
In his classic song The Gambler, Kenny Rogers famously advised: “You got to know when to hold ‘em, know when to fold ‘em, know when to walk away, know when to run.” It’s good guidance for surviving a poker table, but also...more
Key Takeaway: Companies that follow these 3 steps can use the Computer Fraud and Abuse Act as a tool to combat the misuse of their computers (and information) by (1) actively monitoring for misuses, (2) taking reasonable...more
The prospect generator’s worst nightmare is presented in Southwestern Energy Production Co. v. Berry-Helfand and Muncey. I will over-simplify the facts: Hefland and Muncey toil for years generating James Lime prospects in a...more
SUMMARY: The two year statute of limitations for Computer Fraud and Abuse Act claim began to run when the plaintiff had an awareness of an unauthorized access into its computer system even if the plaintiff did not know the...more
Brief in opposition to defendants' post-Akamai motion for summary judgment on the ground of non-infringement....more
From the preliminary statement:
Plaintiff David Tropp (“Tropp”), owner of U.S. Patent Nos. 7,021,537 and 7,036,728 (the patents-in-suit), submits this memorandum of law in opposition to the motion by Travel Sentry and...more
A publicly accessible website may selectively block users from using the website, and attempts by a blocked user to access the site may be a violation of the Computer Fraud and Abuse Act (CFAA).
A federal district court...more