News & Analysis as of

Infringement

Implementation of the EU Competition Damages Directive in Belgium

by White & Case LLP on

The Belgian legislature has finally implemented the EU Competition Damages Directive, introducing a new framework that will facilitate injured parties in litigating their competition damages claims before the Belgian courts....more

Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument

by Carlton Fields on

In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc. While at first blush, it may seem only of interest to those who work with media...more

New Jersey Court Rules That a Parent Company Is Still on the Hook for Divested Subsidiary’s ANDA Filing

by McDermott Will & Emery on

Addressing a motion to dismiss for lack of subject matter jurisdiction, a New Jersey district court held that Merck could maintain a Hatch-Waxman lawsuit against Actavis, Inc. n/k/a Allergan Finance LLC (Actavis), despite...more

Supreme Court of Canada states “The Internet has no borders” in upholding global injunction in search results case

by Smart & Biggar on

The Supreme Court of Canada issued its decision in Google v. Equustek, 2017 SCC 34, today, upholding an injunction requiring a non-party to an infringement action, Google, to remove links to infringing websites from its...more

Closing the so called "Sausage gap" – Cartel fine procedures after the 9th amendment of the German Act against Restraints of...

by Hogan Lovells on

With the amendments to the cartel fine procedure introduced by the 9th amendment of the GWB the legislator intends a harmonization with EU-law and significantly extends the liability for cartel fines....more

Sweet as Candy? Sugarfina takes Competitor to Court

by Robins Kaplan LLP on

On June 15th, Sugarfina Inc. (“Sugarfina”), a gourmet candy boutique, sued one of its competitors, Sweet Pete’s LLC (“Sweet Pete’s”), accusing Sweet Pete’s of trade dress, copyright, trademark, and patent infringement, as...more

No limits..? The limitation rules for cartel (damages) claims after the 9th reform of the German Competition Act (ARC)

by Hogan Lovells on

At first glance, not a stone seems to be left standing. The new sec. 33h ARC hardly bears any resemblance with the old sec. 33 para. 5 ARC, the to date only special limitation rule applicable to cartel damages claims in the...more

(No) need to argue – What is certain, what is presumed and what can be estimated in cartel damage litigation after the 9th...

by Hogan Lovells on

Where is no plaintiff, there is also no judge: Private enforcement of competition law presupposes that there are plaintiffs who take a cartel to court. Plaintiffs exist where actions are worth it. Cartel victims may obtain...more

Court Allows Plaintiff to Amend Complaint to Add Defend Trade Secrets Act Claim After Discovery Reveals Alleged Continued...

by Seyfarth Shaw LLP on

A Northern District of California court recently held a plaintiff could amend its complaint to add a Defend Trade Secrets Act (“DTSA”) claim when discovery showed continued misappropriation after the enactment of the DTSA on...more

"I want my money back!" – Cartel damages claims after the 9th reform of the German Competition Act

by Hogan Lovells on

One of the primary aspects covered by the 9th reform of the German Competition Act that has just entered into effect is the transposition of the EU Cartel Damages Directive into German law. The preparatory works in the draft...more

Top Ten Urban Legends of Intellectual Property

1. Poor Man’s patent/copyright: mail yourself a copy of what you want protected and don’t open it.The sealed information can then be used to prove ownership of the intellectual property contained in it. While this may...more

European Commission's Antitrust Concerns Lead to Syndicated Loans Market Study

by Jones Day on

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will...more

ECONOMIC ESPIONAGE AND PROTECTING TRADE SECRETS: Ninth Circuit Holds That Reasonable Measures to Guard Technology are Sufficient

How can you protect your trade secrets from a vast and well-concealed international effort to steal those secrets? What constitutes a “reasonable” effort to protect that information where at least one competitor may already...more

News aggregators – Link, don’t replace, your sources

by Thompson Coburn LLP on

By one account, Bill O’Reilly’s news website includes long quotations from other news organizations, including the mainstream news organizations he often criticizes. That practice suggests a question: How much can a news...more

Can I be sued for sending a demand letter?

by Dorsey & Whitney LLP on

In the UK, you can be. But the law is about to change and will become much clearer. New legislation will make life a bit easier for IP owners who seek legitimately to enforce their rights....more

A Multi-Layered Approach to Packaging Protection

by Ladas & Parry LLP on

The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are...more

5 Measures International Auto Companies Can Take to Avoid Being Named in an ITC Complaint

by Foley & Lardner LLP on

The Automotive Industry is international. That’s no secret. It crosses continents in its industry shows and its proud place in furious pop-culture films. More practically, many companies that operate within the industry have...more

Prejudgment Interest Can Recover for Acts Prior to Patent Issuance

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that the defendant failed to sufficiently allege any prejudice caused by alleged errors relating to claim construction, and affirmed the district court’s application of...more

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: #14 - March 2017

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...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

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