News & Analysis as of

Infringement

Vietnam: New rules for resolving .VN disputes

by Hogan Lovells on

Vietnam has seen a rapid surge in internet use, having one of the highest rates of increase of annual Internet users in the world. According to the Vietnam Telecommunications Authority, 52% of the population (over 47.3...more

Germany: New rules on recovery of criminal proceeds affect enforcement of IP rights

by Hogan Lovells on

On 23 March 2017, the German Parliament passed new rules on criminal law measures for recovery of criminal proceeds. In the future, enforcement of financial claims against criminal offenders will be widely handled by the...more

Ninth Amendment to German Act Against Restraints of Competition to Take Effect Soon

by Morgan Lewis on

Key changes triggered by the amendment relate to a company’s liability for cartel infringements, the introduction of a transaction value test into merger control, private enforcement through the implementation of the EU...more

Inventorship Claims That Took $8 Million to Defeat Were Not “Exceptional”

In University of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschaften E.V., [2016-1336] (March 23, 2017), the Federal Circuit affirmed the district court’s finding that the case was not exceptional within the...more

Lettre d’actualité IPMT – Français

by Hogan Lovells on

Brevets - Déclaration de non-contrefaçon et compétence territoriale du juge français - Le Tribunal de grande instance de Paris est compétent pour connaître d'une action en déclaration de non-contrefaçon des parties...more

U.S. Steel ITC Case Alleging Chinese Government Hacked Its Network and Stole Its Secret Formulas May Be Revived

First, a little background for those unfamiliar with the wonderful world of the International Trade Commission (ITC). Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) prohibits “unfair methods of competition and...more

Europe: Combatting illegal pharma trade

by Hogan Lovells on

We are delighted to announce the launch of our Combatting illegal pharma trade enforcement guide. This publication is a pharmaceutical industry-specific brochure which complements our suite of brand and trademark protection...more

ITC Commissioners Divided Over Standards For Cease And Desist Orders

Recent decisions by the Commission highlight a split among the Commissioners over the proper standard for issuing cease and desist orders. The majority of Commissioners appear to agree that the determination regarding...more

DSM Watch: The new copyright directive – What will happen to the liability privilege of platforms?

by Hogan Lovells on

Since the first proposals for amendments to the European Commission’s draft copyright directive were leaked earlier this month, we have seen quite some discussion on what the Digital Single Market will bring about. The leaked...more

The Court of Justice of the European Union (CJEU) Confirms the Commission’s Approach to Hybrid Settlements

by McDermott Will & Emery on

The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling €176 million were imposed on a number of producers of animal feed for price fixing and market sharing...more

Combatting illegal pharma trade: Combatting black and grey markets for the pharmaceutical industry

by Hogan Lovells on

Focus I: International black market trade - Among the industries that suffer most from black and grey market activities, the pharmaceutical sector sadly holds one of the top positions. The World Health Organization (WHO)...more

IP Agreements: Don’t Forget the Feedback Clause

by Morgan Lewis on

A feedback clause generally gives the recipient of feedback ownership or license rights to ideas, know-how, improvements, or suggestions that the recipient might receive from another party. Feedback clauses are typically...more

No Trade Dress Protection For Pink Ceramic Hip Implant Components

The U.S. District Court for the District of Colorado recently denied a manufacturer of ceramic medical products trade dress protection for the color pink for its ceramic hip-implant components. CeramTec sells ceramic...more

Second Circuit Clarifies “Repeat Infringer” Policy Requirement for DMCA Copyright Safe Harbors

Congress enacted the Digital Millennium Copyright Act (“DMCA”) nearly two decades ago seeking to balance the needs of two factions: Content creators, who were struggling to protect their intellectual property in the digital...more

Patentability of software in Italy & partial recovery of profits (infringement of patents on marginal aspects of a product)

by Hogan Lovells on

By judgement of January 3rd, 2017, the Turin Court of Appeal delivered a monumental decision in a longstanding patent dispute concerning the validity and infringement of patents relating to an Electronic Program Guide (EPG)...more

McDermott EU Competition Annual Review 2016

by McDermott Will & Emery on

It is difficult for General Counsel and their teams to monitor all new developments adequately. With the growth of the Internet and the daily updates to EU competition rules, everyone receives and has access to masses of...more

Competition Damages – UK implementation of the EU Damages Directive

by White & Case LLP on

Regulations implementing the EU Damages Directive in the UK are set to introduce important changes to the law on limitation, burden of proof, and liability in competition damages claims...more

Compliance Programs – The Italian Competition Authority Highlights the Importance of an Effective Implementation and Update

by McDermott Will & Emery on

On 19 January 2017, the Italian Competition Authority (the Authority) issued a decision concerning alleged anticompetitive agreements in the home ventilotherapy and home oxygentherapy supply services sector in Italy. The...more

Changes to Polish Antimonopoly Law in a Nutshell

by McDermott Will & Emery on

The Polish Office of Competition and Consumer Protection (Urzad Ochrony Konkurencji i Konsumentów, “UOKiK”) has recently published its 2015 annual report presenting its first experiences with the recent amendments to Polish...more

Landmark decision of the German Federal Supreme Court: Cease and desist orders comprise the obligation to recall infringing...

by Hogan Lovells on

BGH, 29th September 2016 – I ZB 34/15, published on the 10th January 2017 - The German Federal Supreme Court decided on the 29th September 2016, published on the 10th January 2017, to the surprise of many that a cease...more

Finally Implemented! The Italian Council of Ministers Approves a Legislative Decree Implementing the EU Antitrust Damages...

by McDermott Will & Emery on

On 14 January 2017, the Italian Council of Ministers approved the Legislative Decree implementing Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition...more

Court Throws Out Back Massager Trade Dress Infringement Claims on Motion to Dismiss

As the first-filed paper in nearly any litigation, the complaint is typically subject to rigorous scrutiny from the named defendant to identify any flaws that may dispatch the case via a motion to dismiss. A plaintiff in the...more

Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

by McDermott Will & Emery on

The US Court of Appeals for the Second Circuit vacated a grant of summary judgment that a defendant had a reasonably implemented repeat infringer policy and therefore qualified for safe harbor protection under the Digital...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries...more

Dr. Seuss Sues in Sue-ville This Holiday Season

by Dorsey & Whitney LLP on

You know Green Eggs and Ham, and the Cat in The Hat, Horton, the Lorax, and others like that. But a new book is coming, although now a bit slow, It’s called “Oh, The Places You’ll Boldly Go!”...more

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