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Patents Unjust Enrichment

Kilpatrick

4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends

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Kilpatrick partners Joel Bush and Michele Floyd recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trade Secret Update: 2024 Legal Developments and Trends.” This session...more

McDonnell Boehnen Hulbert & Berghoff LLP

Andersen v. Stability AI: Defendants' Motion to Dismiss Narrows the Case, But Only Slightly

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more

Patterson Belknap Webb & Tyler LLP

Judge Roman Hits “Stop” on State Law Claims in Treadmill Patent Infringement Case

On January 17, 2023, Judge Nelson Romàn (S.D.N.Y) granted a motion by defendants LifeCore Fitness (“LifeCore”) and Assault Fitness (“Assault”) to dismiss state law claims as pre-empted or time-barred in a patent infringement...more

Fox Rothschild LLP

Judge Burke Recommends Grant of Defendants’ Motion for Judgment on the Pleadings in Inventorship Dispute Action

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In his Report and Recommendation entered in Bear Box LLC et al. v. Lancium LLC et al., Civil Action No. 21-534-MN-CJB (D.Del. January 18, 2022), the Honorable Christopher J. Burke recommends that the Court grant Defendants’...more

Smart & Biggar

Ontario Superior Court dismisses Apotex’s Statutes of Monopolies claims regarding sildenafil

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On September 27, 2021, the Ontario Superior Court of Justice granted Pfizer’s motion for summary judgment and dismissed Apotex’s claims for treble damages and double costs under the Ontario and English Statutes of Monopolies,...more

International Lawyers Network

Protecting Confidential Information in Canada: Is there a Better Way?

The British Columbia decision Equustek Solutions Inc. v Jack highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In...more

Knobbe Martens

Non-Disclosure Agreement Controls Ownership of Patents Arising From Confidential Information Received Thereunder

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SIONYX LLC v. HAMAMATSU PHOTONICS K.K. Before Lourie, Reyna, and Wallach. Appeal from the U.S. District Court for the District of Massachusetts. Summary: A party who discloses confidential information pursuant to a NDA...more

McDermott Will & Emery

Breach of Contract Claim Does Not Arise Under Patent Law

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The US Court of Appeals for the Federal Circuit reversed a district court decision that retained jurisdiction over a breach of contract action, finding that the action did not sufficiently implicate issues of patent law and...more

Womble Bond Dickinson

Walking the Jurisdictional Line: Cashing in on Federal Jurisdiction in Patent Licensing Disputes

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Johnny Cash’s famous “I Walk the Line” song draws a line emphasizing how difficult it can be to stay faithful with temptations “on the road” as the singer travels on tour. Similarly, patent license drafters and litigators can...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2019 #3

PATENT CASE OF THE WEEK - Inspired Development Grp, LLC v. Inspired Products Grp., LLC, Appeal No. 2018-1616 (Fed. Cir. Sept. 18, 2019) - Our first patent case of the week is not, according to the Federal Circuit, a...more

Hogan Lovells

Copycat Flattened by Patent & Trade Dress Jury Verdict in Win for Tieks Shoes

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The maker of the Tieks ballet flat Gavrieli Brands walked away with over $2.1 million when a federal jury found Soto Massini’s competing designs infringed on Tieks’ patents and trade dress....more

Smart & Biggar

RxIP Update - 2016 Year in Review

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The following are highlights of developments in Canadian life sciences intellectual property and regulatory law in 2016, updating our 2016 mid-year highlights. 1. Substantive patent law developments - Utility and...more

Smart & Biggar

Rx IP Update - December 2016

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Janssen seeks leave to appeal to SCC regarding FCA decision upholding Minister of Health’s decisions relating to administrative drug submissions - As reported previously, on October 12, 2016, the Federal Court of Appeal...more

BakerHostetler

Federal Circuit Holds Trademark Infringement Must Be Willful to Warrant Award of Infringer’s Profits, Highlighting Continuing...

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The Federal Circuit, applying Second Circuit trademark law, has weighed in on the issue of whether an infringer’s profits are recoverable absent a finding of willful infringement. In Romag Fasteners, Inc. v. Fossil, Inc....more

Blake, Cassels & Graydon LLP

Canadian Court Nixes Class Action for Patent Abuse

The decision relates to an application to certify a proposed class action, commenced by a representative plaintiff, Britton Low, against various Pfizer companies, alleging that Pfizer unlawfully abused the patent system with...more

McDermott Will & Emery

Proceed with Caution: Navigating the Intersection Between Trade Secret and Patent Law - Foster v. Pitney Bowes Corp.

In a case illustrating the impact of permitting a patent application to be published, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s order granting defendant’s motion for judgment on the...more

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