JONES DAY TALKS®: Collective Actions in Spain: A Look Around and the View Ahead
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
Life Sciences Quarterly: A View From Washington: What to Expect From the SEC
Recognition of Foreign Judgments in the United States (VIDEO)
The United States Patent and Trademark Office (USPTO) recently published new guidance on subject-matter eligibility as related to Artificial Intelligence (AI), opening a written comment window to respond with a deadline of...more
On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is...more
Does federal trademark law reach conduct outside of the United States? The Supreme Court addressed this question recently in Abitron Austria v. Hetronic International, Inc., which prompted us to revisit a related issue we...more
In the United States, trademarks are governed on the federal level by the Lanham Act (also known as the Trademark Act of 1946), which was enacted on July 5, 1946, and is codified at 15 U.S.C. § 1051 et seq. The Lanham Act...more
The Supreme Court’s June 29, 2023, decision in Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, ended decades of circuit splits on the standard for determining the extraterritorial reach of the Lanham Act (see our...more
On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., the U.S. Supreme Court ruled that the Lanham Act does not have an extraterritorial scope and applies only in cases where the alleged infringing “use...more
In a decision that may make it more difficult for brand owners to enforce their marks against infringers located outside of the United States, the Supreme Court of the United States vacated the judgment of the US Court of...more
The U.S. Supreme Court issued a decision on June 29, 2023, addressing the scope of federal trademark law on conduct occurring outside of the United States. The case, Abitron Austria GmbH v. Hetronic International, Inc.,...more
There have been many newsworthy rulings coming out of the Supreme Court in the last two weeks, so it is understandable if you missed this one. On Thursday, June 29, 2023, the U.S. Supreme Court ruled the Tenth Circuit wrongly...more
On June 29, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Abitron Austria GmbH v. Hetronic International Inc. However, the justices were divided 5-4 as to the precise reasoning and what facts...more
The Supreme Court ruled yesterday that the Lanham Act infringement and unfair competition provisions "are not extraterritorial and that they extend only to claims where the claimed infringing use in commerce is domestic." In...more
Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more
The US Supreme Court ruled today in the closely watched Abitron Austria GmbH v. Hetronic International, Inc. case, which considered whether a party could recover in US courts for trademark infringement that occurred outside...more
Section 1782: Discovery in Support of a Foreign Proceeding - Recent years have seen attacks on the trade secrets and intellectual property of U.S. companies. While foreign governments, corporate espionage, and...more
Patent protection outside the U.S. can be important for a company to enter the global market and to build relationships with partners and investors both domestically and internationally. In general, there are two options to...more
Trade secret protection provides an alternative avenue to protect company investments in technology innovation and its marketplace advantage. But not everything that is considered company confidential is necessarily a trade...more
The licensing of standard essential patents is a global issue which requires an understanding of the different jurisdictions in play. In this session, participants will gain an understanding of decisions in Unwired Planet v....more
Until last year, most Canadian brand owners doing business abroad had limited options for protecting their trademarks outside of Canada. They were obliged to file separate applications in each country of interest, except in...more
Partner Hussein Akhavannik breaks down specific patent protection and clearance strategies for each stage of medical device development, from concept and design to the manufacturing and sale....more
Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more
In March 2019, Chinese mobile phone manufacturer Xiaomi organized a mobile phone conference in the Netherlands, and it is expected that Xiaomi mobile phones will be listed on the Dutch market shortly after the summer of 2019....more
On December 19, 2019, the Division of Corporation Finance (the Division) of the Securities and Exchange Commission (SEC) released guidance on two topics: (1) intellectual property (IP) and technology risks associated with...more
Use of Post-Filing Data to Support Patentability - The use of post-filing data to support patentability can be a mechanism to alleviate time pressures related to first-to-file patent regimes. However, the admissibility of...more
Artificial Intelligence (AI) is increasingly becoming important across a diverse spectrum of technologies and businesses. As AI grows in importance in business and technology, so too grows the number of patent applications...more