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Edwards Secures Preliminary Injunction Against Medtronic

On April 11, 2014, according to a press release, the U.S. District Court for the District of Delaware issued a preliminary injunction barring Medtronic, Inc. from selling its CoreValve TAVI product to most new customers in...more

No surprises as CJEU upholds website blocking injunctions

The Court of Justice of the European Union (the CJEU) last week upheld the system of website blocking injunctions in place in Austria, following a reference from the Austrian Supreme Court in the case of UPC Telekabel v...more

The Umpire Strikes Back: European Court Rules That ISPs Can Be Forced to Block Pirate Websites

On March 27, 2014, the highest court in the European Union—the Court of Justice for the European Union (CJEU)—decided that copyright owners have the right to seek injunctions against Internet service providers (ISPs)...more

Germany to Tighten Data Protection Laws: Consumer Protection Associations shall be Granted Right to take Businesses to Court

Germany's data protection laws, already known as one of the strictest in the world, are facing an even stricter approach when Federal Minister of Justice Heiko Maas on February 11, 2014 announced a new draft bill that would...more

Federal Circuit Review - January 2014

Reckless Conduct Required for Attorneys’ Fees Award - In Kilopass Technology, Inc. v. Sidense Corp., Appeal No.13-1193, the Federal Circuit vacated and remanded a denial of a motion seeking an award of attorneys’ fees....more

Belgium: Supreme Court Decision on IP blocking also impacting gaming industry

By the judgment rendered on 22 October 2013 in the Belgian version of the long-lasting The Pirate Bay saga, the Belgian Court of Cassation (Belgium’s Supreme Court) confirmed the lawfulness of a far-reaching injunction order...more

The International Trade Commission: Easier Injunctive Relief-Except for Standard-Essential Patent Holders

Earlier this summer, the Obama administration dealt a blow to Standard-Essential Patent (SEP) holders by reversing an International Trade Commission (ITC) exclusion order granted in favor of an SEP holder. This action...more

AIPPI Forum & ExCo 2013 in Helsinki

This year AIPPI Executive Commettee meeting will take place in Helsinki, starting on Saturday 7 September. Among the issues that will be studied and discussed, the introduction of grace period for patents (Q233), the degree...more

Remedying Cyber Attacks Through Trade Secret Claims at the ITC

Cyber attacks against U.S. entities—including theft of assets, vandalism of property, interference with business transactions, and misappropriation of trade secrets — have proliferated over the past few years. Cyber attack...more

U.S. International Trade Commission Addresses Use of Standard-Essential Patents in Section 337 Investigations

The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing in section 337 of the Tariff Act of 1930 that precludes the Commission from...more

Mandatory Data Breach Reporting Bill Introduced Into Parliament

The Privacy Amendment (Privacy Alerts) Bill 2013 was introduced into Parliament on 29 May 2013. Having been recommended by the Senate Committee report tabled on 24 June, it appears that Parliament intends to pass the Bill...more

U.S. International Trade Commission Grants Injunctive Relief on Standard Essential Patent

The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was...more

Intellectual Property Newsletter - April/May 2013

In This Issue: News from the Bench: - Six Ways to Sunday: Recent Federal Circuit Opinion Highlights Uncertainty in the Patent Eligibility of Computer-Implemented Inventions - The Federal Circuit Affirms...more

Reed Smith Obtains Groundbreaking Decision that Clarifies RAND Obligations for Standards-Essential Patents

Defenses based upon a patentee’s failure to provide reasonable and non-discriminatory (RAND) license terms are becoming a bigger issue and more common as more patentees sue companies on patents they claim are essential to...more

White House Targets Patent “Trolls”

The White House today issued a fact sheet on high-tech patent issues, recommending seven legislative actions and taking five executive actions. According to the White House’s statement, innovators continue to face challenges...more

Intellectual Property Newsletter - March 2013

*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

Intellectual Property Newsletter - February 2013

In This Issue: *News From The Bench: - Claim Construction: “Only One” Or “More Than One.” - No Need To Include Claim Construction in Design Patent Infringement Complaint. - CAFC Finds That Adapting...more

Intellectual Property Newsletter - November 2012

In This Issue: - Back to the Future: Fed Circuit Affirms Doctrine of Equivalents for Later-Arising Computer Technology. - Federal Circuit to Revisit §101 Issues Relating to Computer-Implemented Inventions. -...more

Apple and Samsung: The Design Patent Wars Continue

In late June, Apple won one of the many battles that it is waging against one of its fiercest rivals - South Korea’s Samsung, manufacturer of the Galaxy line of smartphones and tablets. Riding the wave of Google’s Android...more

CJEU Rules First Sale Doctrine Applies to Digital Copies of Software in Europe

In an eagerly-awaited judgment, the Court of Justice of the European Union (CJEU) has held that the first sale doctrine applies to digital copies of software sold in the European Union or European Economic Area. In...more

Online Infringement: Canadian "Notice and Notice" vs US "Notice and Takedown"

News that Canadian band In-Flight Safety has been subject to postings of its songs on YouTube being removed by the service for purported copyright infringement ("Maritime band battles to keep music on YouTube") means a timely...more

FRAND Defence in German Courts: Remedy Against Standard-Essential Patents?

Standard setting is considered an inevitable process nowadays. It enables the interoperability of products and services from different vendors. The telecommunication sector, for example, is heavily penetrated by standards,...more

Planning for Outsourcing’s Exit

As the average duration of outsourcing contracts continues to become shorter, the issue of exit grows in importance. By tradition, best practice in negotiating exit terms has been: plan it early, and work hard to make it...more

Digital Media Law Alert -- Court Orders Search Engines and Social Sites to De-Index Websites -- May 2012

Hermes International SCA (www.Hermes.com), maker of Birkin handbags and silk scarves, recently won a judgment that includes $100 million in damages against 34 websites that sold fake copies of its luxury goods on websites...more

ACTA: The Public Revolt

The Anti-Counterfeiting Trade Agreement (ACTA) is the latest and most far-reaching attempt to harmonize intellectual property enforcement and strengthen anti-counterfeiting efforts across the globe. As of May 2012, the...more

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