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Advertising Law - October 2014

SPECIAL FOCUS: The Impact of eBay on Lanham Act False Advertising Litigation - A recent opinion by the United States Court of Appeals for the Third Circuit held that the Supreme Court’s landmark decision in eBay is...more

Irreparable Harm No Longer Presumed in the Third Circuit for Lanham Act Plaintiffs

In a recent decision, the Court of Appeals for the Third Circuit eliminated the presumption of irreparable harm for Lanham Act plaintiffs seeking preliminary injunctive relief. In Ferring Pharms., Inc. v. Watson Pharms.,...more

Third Circuit Nixes Presumption of Irreparable Harm in Comparative False Advertising Cases

Continuing a trend that began in 2006 with the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C., the U.S. Court of Appeals for the Third Circuit has ended the practice of presuming irreparable harm in Lanham Act...more

Third Circuit Rejects Presumption of Irreparable Harm for Injunctive Relief under Lanham Act

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that...more

Are Permanent Injunctions in Patent Cases Back in Style?

Two recent district court decisions out of the District of Delaware have again placed the spotlight on permanent injunctions in patent cases. Prior to 2006, there was a longstanding general rule that courts would issue...more

Defeating Indefiniteness Challenge with Petitioner’s Witness

In eBay Inc. v. Lockwood, CBM2014-00025, Paper 34, CBM2014-00026, Paper 35 (August 12, 2014) the Board denied eBay’s motion to expunge the declaration of its expert, directed to unpatenability of the prior art, which eBay...more

To keep data safe, law firms must embrace a culture of security

As the White House report on big data indicates, an enormous amount of information is collected, stored, analyzed and relayed in digitized form over the Internet and, increasingly, using mobile technology. Headlines...more

Federal Circuit Review - Attorney's Fees, FRAND-encumbered Patents, and IPRs (May 2014)

Standard For Obtaining Attorney’s Fees Too High - In OCTANE FITNESS, LLC v. ICON HEALTH & FITNESS, INC., Appeal No. 12-1184, the Supreme Court reversed and remanded the Federal Circuit’s affirmance of the district...more

Employment Law - May 2014

Telecommuting May Constitute A Reasonable Accommodation Under The ADA - Why it matters: Telecommuting may constitute a reasonable accommodation under the Americans with Disabilities Act, the 6th U.S. Circuit Court of...more

SEC Enters Into First NPA With An Individual

In 2010, the SEC implemented a Cooperation Initiative designed to encourage individuals and companies to cooperate with SEC investigations. See SEC Announces Initiative to Encourage Individuals and Companies to Cooperate and...more

Labor & Employment E-Note - May 2014

In This Issue: - Disability Policies and Forms May Violate ADA, EEOC Says - Court Draws the Line Between Attendance and Physical Presence - Using Medical Condition in Hiring Has ADA Implications, EEOC Says -...more

This Week In Securities Litigation (Week ending May 2, 2014)

Chair Mary Jo White testified before Congress this week. Her testimony focused on the budget, reviewing the recent work of the agency. The Commission brought a series of civil injunctive and administrative proceedings this...more

Bernstein Shur Business and Commercial Litigation Newsletter #39

We are pleased to present the 39th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight developments related to securities fraud, class actions, and other news that will have...more

SEC Enters into First Non-Prosecution Agreement with an Individual

One of the main questions I get from potential insider trading defendants is some variation of Well, what are we looking at here? That is, if the SEC is able to prove its case, what could the consequences be? Unfortunately,...more

SEC Settles Five Insider Trading Actions, Cooperation Key

The Commission filed two groups of settled insider trading actions centered on the merger of eBay, Inc. with Pennsylvania based e-commerce company GSI Commerce, Inc., announced on March 28, 2011. The first group traces to...more

Ninth Circuit Hearing on California Resale Royalties

Readers will recall that in 2012 the U.S. District Court struck down the California Resale Royalties Act, holding that the 1970s-era law violated the Commerce Clause of the U.S. Constitution....more

Ninth Circuit Raises The Bar For Plaintiffs Seeking Trademark Injunctions

The Ninth Circuit’s recent decision in Herb Reed Enterprises, LLC v. Florida Entertainment Management Inc. increases the burden on trademark plaintiffs seeking preliminary injunctions. The case is the first decision from a...more

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

Does the First Sale Rule Apply to Works Manufactured Outside the United States?

Under the Copyright Act, copyright owners are granted the exclusive right to prevent the unauthorized sale or distribution of copies of their works to the public. The first sale doctrine creates an exception to this rule by...more

DOJ Antitrust Division Continues To Pursue Employers Engaged in Efforts to Restrict Employee Job Change

On November 16, the DOJ Antitrust Division filed an antitrust action against eBay, alleging that "[s]enior executives at eBay and Intuit entered into an evolving ‘handshake’ agreement . . . [that] prohibited either company...more

Intellectual Property Newsletter - December 2012

In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more

Bernstein Shur Business and Commercial Litigation Newsletter #22

We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...more

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