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Advertising Patent Infringement

Pillsbury Winthrop Shaw Pittman LLP

Federal Circuit Limits Claims to the Described Invention and Finds That Certain Targeted Advertising Claims Were Unpatentable

The precedential opinion reaffirmed that when a patentee consistently describes its present invention, its claims will be limited to such invention unless it meets a narrow exception. The decision reaffirmed that targeted...more

Array

This Week in eDiscovery: Florida Ethics Opinion Guides Use of Generative AI, the Dangers of Third-Party Discovery Delays, and More

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s blog covers the week of January 22-28. Here’s what’s...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Affirms Skinny Label Carve Outs

In H. Lundbeck A/S, et al. v. Lupin Ltd., et al., Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023), the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid...more

Linda Liu & Partners

Determination of Product Packaging and Decoration that has Certain Influence | Curry Product Packaging Unfair Competition Dispute

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When the text, graphics, colors and arrangement and combinations attached to the goods or their packaging can distinguish the source of the goods, it constitutes the packaging and decoration with certain influence protected...more

International Lawyers Network

QR codes with company logos can be a recipe for disaster – or a patent lawsuit

Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. Not only that, but your creative team decides to go a step...more

Perkins Coie

China Courts Adopt Concurrent Partial Judgments and Preliminary Injunctions in New Model for Complex Copyright and Patent Civil...

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High complexity, long trial periods from filing the case to receiving the judgment, and high costs have long been considered drawbacks of filing civil patent and copyright infringement cases in China. These concerns have been...more

Cozen O'Connor

Store Display Can Be An “Advertisement” Under Coverage B

Cozen O'Connor on

In Hershey Creamery Company v. Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation, No. 1:18-CV-694, 2019 WL 1900397 (M.D. Penn. May 6, 2019) the court found that a self-serve milkshake machine and related...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | September 2017 #3

FDA Announces Final FSMA Produce Safety Rule - The U.S. Food and Drug Administration (FDA) has announced that the produce safety rule of the Food Safety and Modernization Act of 2010 (FSMA) is now final, establishing...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2017 #4

NAD Says Aldi Should Change Savings Claims Ads - The National Advertising Division (NAD) has recommended that Aldi, Inc. discontinue advertising based on a “market basket” comparison that claims consumers could save more...more

Proskauer Rose LLP

Three Point Shot - November 2016

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Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more

Seyfarth Shaw LLP

Financial Projections, Strategic Plans, And Customer Contract Proposals Can Be Trade Secrets

Seyfarth Shaw LLP on

Two competitors who do research and analysis for advertisers and media companies, concerning how television viewing impacts consumer purchasing, have been in a legal battle over alleged trade secret misappropriation, patent...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - March 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Reverses $61 Million Judgment Based on Erroneous Claim Construction - Despite the Supreme Court’s recent Teva v. Sandoz decision that factual findings by a district court...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ultramercial Requests En Banc Review

Two months ago, in a long-awaited decision, the Federal Circuit invalided Ultramercial's U.S. Patent No. 7,346,545, directed to online video advertisements, as lacking patent-eligibility under 35 U.S.C. § 101. The Court...more

McDermott Will & Emery

Post-Alice Federal Circuit Finds Internet Advertising Method to Not Be Patent Eligible

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Citing the Supreme Court of the United States’ Spring 2014 decision in Alice Corp. v. CLS Bank, the U.S. Court of Appeals for the Federal Circuit reversed itself and concluded that a claimed method for distributing online...more

Proskauer - Insurance Recovery & Counseling

California Supreme Court Clarifies an Insurer’s Duty to Defend in Disparagement Cases

Advertising injury liability coverage offered under commercial general liability (“CGL”) policies is aimed at protecting companies against claims, often brought by competitors, alleging harm by purportedly derogatory...more

Womble Bond Dickinson

NewPoint Media Seeks Declaration of Non-Infringement of Easy IP Patent and Copyrights Covering Custom Advertisement Creation

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NewPoint Media Group, LLC (“NewPoint Media”), filed a complaint in the Northern District of Georgia seeking a declaratory judgment against Easy Intellectual Property Licenses, LLC (“Easy IP”) declaring that NewPoint Media...more

McDermott Will & Emery

IP Update, Vol. 16, No. 7, July 2013

McDermott Will & Emery on

“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more

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