Intellectual Property Finance & Banking Civil Procedure

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Supreme Court Tackles Tacking Question in Hana

On January 21, 2015, the United States Supreme Court in Hana Financial, Inc. v. Hana Bank, case number 13-1211, unanimously held that in cases (1) that go to a jury and (2) whose facts do not warrant either summary judgment...more

Litigation Alert: Hana Financial v. Hana Bank - The Supreme Court Reaffirms the Power of the Jury to Decide Issues of Commercial...

In the first substantial trademark case in over a decade, the Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide whether two trademarks, used by a single party, convey the same commercial...more

Supreme Court’s Trademark Tacking Decision: Possible Impact on Likelihood of Confusion?

The Supreme Court’s decision that juries should decide whether consumers would consider two marks to be the same for the purpose of trademark tacking may help resolve a split in the circuits as to whether the likelihood of...more

Supreme Court Rules that Trademark “Tacking” Is a Question for the Jury

On January 21, 2015, the Supreme Court in Hana Financial, Inc. v. Hana Bank, No. 13-1211, unanimously held that whether different versions of a trademark may be “tacked” for purposes of determining priority is a jury...more

Supreme Court Holds That Trademark Tacking is an Issue for the Jury

In trademark law, rights in a trademark are determined by the date of the mark’s first use in commerce, and the party who first uses the mark in commerce has priority over other users. Under the doctrine of "tacking," under...more

Supreme Court Starts 2015 Off with Focus on Facts Shaping Intellectual Property Disputes

The U.S. Supreme Court kicked 2015 off with an intellectual property bang, issuing two important rulings earlier this week. Both decisions focus on the facts underpinning intellectual property disputes—who decides them and...more

Who A-Tacks a Decision on Tacking? U.S. Supreme Court Rules That Tacking Trademarks to Gain Earlier First Use Is a Question Of...

It’s a historic week for trademarks!  On January 21, 2015, the U.S. Supreme Court issued a decision in the case of Hana Financial, Inc. v. Hana Bank, which marks the high court’s first substantive ruling on trademarks in more...more

In Teva Pharmaceuticals USA, Inc. And Hana Financial, Inc., The Supreme Court Issues Two IP Decisions – One Deferring To Trial...

This week, the Court rendered two IP opinions in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (argued October 15, 2014) and Hana Financial, Inc. v. Hana Bank, No. 13-1211 (argued December 3, 2014) . Teva...more

Patent Infringement Lawsuit Reminds ERISA Fiduciaries to Monitor Service Providers

In August 2014, GRQ Investment Management, LLC (GRQ) sued Financial Engines, Inc. and Financial Engines Advisors, LLC (collectively, Financial Engines), alleging that Financial Engines’ sale of account management and advisory...more

U.S. Supreme Court Decides Trademark Tacking is Issue for Jury

On January 21, 2015, the Supreme Court ruled in Hana Financial, Inc. v. Hana Bank that the issue of whether two trademarks may be “tacked” for purposes of determining a priority claim is a question for the jury....more

SCOTUS Today: New Legal Criteria, Final Authority on Trademark Tacking

Yesterday, in a unanimous opinion authored by Justice Sotomayor, the U.S. Supreme Court in Hana Financial., Inc. v. Hana Bank et al. decided that trademark tacking is a question of fact to be decided by juries, and that the...more

Banking software patent is found to be invalid

Robinson, J. Defendant’s motion for summary judgment of invalidity is granted; plaintiff’s motion for validity is denied. Defendant’s motion for summary judgment of non-infringement is granted; plaintiff’s motion for...more

Business Litigation Report -- November 2014

In This Issue: - Main Article: ..Foreign Investor Protection v. National Sovereignty: The Pros and Cons of Investor-State Arbitration - Noted With Interest: ..Gelboim et al. v. Bank of America Corp. et...more

To Stay or Not to Stay…

The Federal Circuit recently decided its second case on the issue of staying a district court patent infringement litigation pending Covered Business Method (CBM) review. In Benefit Funding Systems v. Advance America Cash,...more

Venture Capital Firm Liable For "Aiding And Abetting" Breach Of Fiduciary Duty

A recent case in the California Court of Appeals underscores the dangers that await venture capital firms brave (or foolish) enough to fund companies in the midst of internal disputes. In American Master Lease LLC v Idanta...more

Creating Fake Customer Reviews Site Could Be False Advertising and Trade Libel

As evidenced by the success and robust market capitalization of the consumer review site Yelp, Internet users are increasingly turning to "regular people" as a lodestar for whether to purchase goods or services. This is...more

Court Declines To Seal Confidential Reinsurance Provisions

A New York federal court declined to seal portions of a reinsurance agreement at the request of intervening reinsurer Battenkill Insurance Co., LLC (“Battenkill”). Battenkill intervened in an interpleader action brought by...more

USPTO Clarifies Standard for Review of Financial Services Patents

The U.S. Patent and Trademark Office (USPTO) may have given banks, financial institutions, and retailers more access to a powerful new tool to fight weak patents. A recent Patent Trial and Appeals Board (PTAB) decision...more

Germany/EU: European Court of Justice will decide on relationship between claim for information based on trademark law and bank...

On 17 October the German Federal High Court ("BGH") has submitted a request for a preliminary ruling to the European Court of Justice ("ECJ") to clarify whether a bank may refuse to reveal the name and the address of a bank...more

Court Dismisses Foreign Banks from U.S. Lawsuit Alleging Complicity in Counterfeit and Illegal Online Drug Sales

The fight against sophisticated online schemes to sell counterfeit or otherwise illegal goods is being waged by increasingly focused efforts to identify responsible parties that may be sued in U.S. courts, and whose assets...more

Mobile banking and the Federal Circuit's "divided infringement" decisions

The rapid growth of the mobile banking industry, the raft of litigation that has followed such growth, and why the Federal Circuit's much-anticipated "divided infringement" decisions in Akamai v. Limelight and McKesson v....more

Universities Urge Supreme Court to Affirm in Bowman v. Monsanto

A group of universities, entities affiliated with universities, higher education associations, and entities involved in university technology management, in an amici brief filed in Bowman v. Monsanto, argue that reversal of...more

Business Litigation Report -- June 2012

In This Issue: - Firm News: ..Quinn Emanuel Opens Second German Office in Hamburg Led by Intellectual Property and Antitrust Litigator Dr. Nadine Herrmann ..Former Novartis GC Dr. Thomas Werlen Joins QE...more

Business Litigation Report -- May 2012

In this Issue: *Firm Awards: Managing IP Honors Charles Verhoeven as IP Practitioner of the Year; Ivan Marisin Receives Top Ranking in Russia; and Eric Winston Named “Outstanding Young Restructuring Lawyer” for 2012...more

The Life Sciences Report - Spring 2012

In this issue: - New Procedures for Challenging Patent Validity - Aggressive Healthcare Fraud Enforcement Likely to Continue in 2012 - Life Sciences: The Rodney Dangerfield of Venture Capital -...more

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