Intellectual Property General Business

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Binding Contract or Completed Sale Not Necessary to Raise On-Sale Bar

Addressing the minimum requirements for raising an on-sale bar defense to patent infringement, the US Court of Appeals for the Federal Circuit reversed the district court, explaining that “[a]n offer to sell is sufficient to...more

Recent Developments Again Call for Timely Review of Restrictive Covenants

We have suggested before that employers should view non-competition and other restrictive agreements as “live” documents, warranting regular examination to ensure they are deployed with appropriate precision and account for...more

North Carolina Supreme Court Denies Employee's Claim to Patent Ownership Based on Pay Dispute with Employer

Under the “hired to invent” doctrine, employees who develop intellectual property during the course of their employment generally have no ownership rights to such innovations. Earlier this month, the North Carolina Supreme...more

Julia Child Foundation Sues Airbnb for Using Her Name Without Permission

The charitable foundation representing the estate of famed chef, culinary author and TV personality Julia Child, has sued Airbnb because the company used Child’s name and likeness for a Memorial Day promotion without the...more

Brexit and International IP: Changes are Coming

Surprising many commentators and pundits, the UK voted to exit the European Union. That exit raises questions as to whether IP filings made through the European offices will continue to provide protection in the UK during and...more

New Weapon For Manufacturers: Defend Trade Secrets Act of 2016

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), which provides a federal civil cause of action to manufacturers for the misappropriation of trade secrets under the Economic...more

Defend Trade Secrets Act Signed Into Law

In an era of unprecedented integration and collaboration in the healthcare industry, providers, payors, contractors and patients are exchanging information at an ever expanding pace. This collaboration includes sharing best...more

MAG Aerospace Industries, Inc. v. B/E Aerospace, Inc. (Fed. Cir. 2016) - Equitable Assignor Estoppel Doctrine Expanded by Federal...

Arcane aspects of the law are frequently analogized as constituting "traps for the unwary," and patent law seems to have more than its share of minutiae that fall within that characterization. The equitable principle of...more

The UK has voted to leave the EU: What now?

The British public have voted that the UK should leave the EU. The EU Referendum vote (the Leave Vote) does not by itself result in an automatic UK exit from the EU. The EU Treaty provides for a framework for a...more

Three Point Shot - June 2016

Showtime and Top Rank Slug It out over "Fight of the Century" - Who said boxing was dead? Fight fans still bitter over the May 2015 Floyd Mayweather–Manny Pacquiao bout that was far more mega-bore than mega-brawl...more

Five Questions You Should Ask About the Defend Trade Secrets Act

What Is the DTSA and How Is It Different From the Uniform Trade Secrets Act? Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The...more

New European Union Rules Provide for the Prohibition of Imports Violating Trade Secrets

On 15 June 2016, new rules for the protection of trade secrets and confidential information1 in the European Union EU were published. The Trade Secrets Directive provides measures against the unlawful acquisition, use, and...more

A Development in Trade-Secret Cases

The big trade-secret case, Southwestern Energy v. Berry-Helfand, has been worked over by the Texas Supreme Court. Highlights: - Lack of certainty in damages does not preclude recovery. - A “Flexible and...more

Shhhhh! Obama Signs the Defend Trade Secrets Act

Remember when you, as an employer, asked an attorney to prepare a contract containing a covenant not to compete? Or maybe you, as an employee, had questions about such a covenant. Or, perhaps, an attorney prepared a...more

Court Upholds Prison for Flea Market Owner for Counterfeiting by Tenants

As trademark and copyright counterfeiting and piracy has grown, courts have become more willing to grant meaningful relief to rights owners and to penalize counterfeiters and those who facilitate their illicit activities. ...more

Did Aereo Open The Door To Compulsory Licenses?

After the U.S. Supreme Court’s ruling in ABC v. Aereo Inc., 134 S.Ct. 2498 (2014), that Aereo’s internet retransmission service was “substantially similar” to cable, and therefore violated the Transmit Clause of the Copyright...more

India’s Competition Authorities Investigate Monsanto

Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco...more

Intellectual Property Issues for Government Contractors

OVERVIEW - - Intellectual property - Types of intellectual property - Trademarks - Trade secrets - Copyrights - Patents - Data right Please see full Presentation below for more...more

Trade Secrets Now Federally Protected Intellectual Property

Some of the most valuable intellectual property that companies own — their trade secrets — now enjoy federal protection, alongside patents, trademarks and copyrights. Designed to strengthen and supplement the protection of...more

Music Sampling Back in “Vogue”

With its decision in VMG Salsoul v. Ciccone, the Ninth Circuit Court of Appeals created a circuit split that could greatly impact copyright infringement claims based on unlicensed music sampling. For the advertising...more

Quirky Question #281: Deploying the DTSA

Question: We believe our former employee recently stole some of our trade secrets and went to a competitor. Can we rely on the Defend Trade Secrets Act to bring suit in federal court?...more

Colombian Organizations Send Letter to CEWG Regarding Imatinib Compulsory License

In letter from three Colombian organizations to the Chairman of the World Health Organization (WHO) 2016 Consultative Expert Working Group on Research and Development: Financing and Coordination (CEWG) (posted on the...more

Attorney General Madigan Sues Jimmy John’s over Non-Compete Agreements

On Wednesday, Illinois Attorney General Lisa Madigan filed suit against fast-food franchisor Jimmy John’s and several Jimmy John’s franchisees operating in Illinois claiming that Jimmy John’s and its franchises unlawfully...more

Practical Steps for Employers Following Passage of the Federal Trade Secrets Act

California has long provided protection for a company’s trade secrets through the California version of the Uniform Trade Secrets Act (“UTSA”). On May 12, 2016, new federal protection for trade secrets became effective under...more

HAVANA CLUB: Where’s the Rum Gone?

You’d probably assume no TTAB proceedings originated in 1995 remain active, but the HAVANA CLUB dispute has some serious staying power. As U.S.-Cuba relations unthaw, one particular trademark battle is also returning to...more

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