McDermott Will & Emery

Usenet Server Owners, Operators Are Not Directly or Secondarily Liable for Copyright Infringement

Addressing copyright infringement issues, the US Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment in defendants’ favor on direct, vicarious and contributory infringement claims. Perfect 10,…more
| Civil Procedure, Intellectual Property

Keeping Up with the Kardashians’ Attempt to Compel Trademark Arbitration

In a case stemming from a trademark dispute involving a beauty line owned by the Kardashian sisters, the US Court of Appeals for the 11th Circuit affirmed the district court’s denial of a motion to compel arbitration filed by…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Intellectual Property

Lanham Act Cannot Be Used to Create “Species of Mutant Copyright Law”

The US Court of Appeals for the Ninth Circuit upheld a district court decision granting summary judgment to a defendant that its use of digital files did not infringe plaintiff’s trademark or trade dress for its CD-Gs (compact…more
| Civil Procedure, Intellectual Property

USDA Warns Canada-EU Trade Agreement Could Impact US Alcohol Beverage Exports

US exporters of alcohol beverages to Canada will soon face stiffer competition from their European rivals. The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is expected to come into force by June 1,…more
| Commercial Law & Contracts, International Law & Trade

ANDA Update - March 2017 Volume 3, Number 1

Speculative Evidence of Irreparable Harm Sinks Bayer's Request for Permanent Injunction - Bayer Pharma AG, et al. v. Watson Laboratories, Inc. (D. Del. December 28, 2016) - Applying the eBay factors to Plaintiff Bayer's…more
| Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

Application Partially Voided Where Defendant Lacked Bona Fide Intent to Use Mark

Addressing whether a trademark applicant must have a bona fide intent to use the mark in commerce with respect to all of the goods and/or services listed in the application, the US Court of Appeals for the Sixth Circuit affirmed…more
| Civil Procedure, Intellectual Property

NY Moves from Retail Rate Net Metering to Value-Based Compensation for Distributed Generation

The New York Public Service Commission (NYPSC) approved an order on March 9 that will shift the state’s mechanism for compensating distributed energy resources from retail rate net metering to value-based compensation. The order…more
| Energy & Utilities, Environmental Law

Less Utility Than Alternatives Does Not Make Product’s Trade Dress Protectable

The US Court of Appeals for the Seventh Circuit affirmed a district court grant of summary judgment in favor of a defendant finding that a bag’s design and shape was functional because the claimed design features affect the…more
| Civil Procedure, Intellectual Property

Implications of EU Ingredient Labeling Proposal for US Suppliers

On March 13, the European Commission approved a report that calls on members of the alcohol beverage industry to develop a comprehensive self-regulatory system of ingredient and nutritional labeling for beer, wine, and distilled…more
| Communications & Media Law, Consumer Protection, International Law & Trade

TTAB Serves It Straight Up: TEQUILA Is Not Generic

Addressing whether the word “tequila” can be registered in the United States as a certification mark, the Trademark Trial and Appeal Board (TTAB) answered in the affirmative, dismissing an opposition alleging that “tequila” is a…more
| Civil Procedure, Intellectual Property

Design Patent Survives AIA Review

In a rare inter partes review (IPR) decision involving a challenge to a design patent, the Patent Trial and Appeal Board (PTAB) issued a final decision finding that the petitioner had not shown that a sole claim of a design…more
| Civil Procedure, Intellectual Property

Sovereign Immunity Can Shield State University Research Foundations in PTAB Proceedings

Addressing the application of the sovereign immunity defense under the 11th Amendment in the inter partes review (IPR) context, the Patent Trial and Appeal Board (PTAB) dismissed three IPR petitions, finding that the sovereign…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Intellectual Property

THE LATEST: Further Efforts to Broaden the Scope and Impact for CFIUS Reviews of Foreign Acquisitions of US Businesses

We reported earlier on the Committee on Foreign Investment in the United States (CFIUS) and its legal and practical authority to review M&A transactions for possible risks to US national security posed by foreign ownership of a…more
| Agriculture, Antitrust & Trade Regulation, Business Organizations, International Law & Trade, Mergers & Acquisitions

UK Supreme Court Clarifies English Curial Powers to Impose Security Payments in Enforcement of New York Convention Arbitral Awards

A recent UK Supreme Court judgment will likely impact on the interplay between the New York Convention and national law - In IPCO (Nigeria) Ltd v Nigerian National Petroleum Corp [2017] UKSC 16, the UK Supreme Court…more
| Alternative Dispute Resolution (ADR), International Law & Trade

THE LATEST: Tenth Circuit Sides with Defendants in $200 Million Sutures Bundling Case

In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision granting summary judgment in favor of defendants Cardinal Health 200, LLC and…more
| Antitrust & Trade Regulation
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