News & Analysis as of

Intellectual Property Protection Competition

Buckingham, Doolittle & Burroughs, LLC

Breaking Into the U.S. Market: Why Legal Guidance is Your First Investment

Expanding into the U.S. is a major milestone for many foreign companies. With its large consumer base, strong legal protections, and global influence, the United States remains one of the most attractive markets in the world....more

Dacheng

China’s First Court Ruling on Merger Control Upholds Conditional Clearance of Below-Threshold Deal

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In March 2025, the Beijing Intellectual Property Court issued a landmark ruling—the first case in which a filing party challenged a merger decision by the State Administration for Market Regulation (“SAMR”) through judicial...more

Troutman Pepper Locke

Elad v. NCAA – Former JUCO Player Demonstrates Likelihood of Success in Antitrust Suit Challenging NCAA’s JUCO Rule

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On April 25, U.S. District Judge Zahid N. Quraishi ordered the NCAA not to enforce its Five-Year Rule against Rutgers University cornerback Jett Elad. The impact of name, image, and likeness (NIL) agreements on the new world...more

Mintz - Intellectual Property Viewpoints

Ahoy! ITC Welcomes SEP Holders Navigating for The Best Venue

Given the recent unanimous decision by a UK appellate court that Ericsson’s injunction efforts based on standard-essential patents (“SEPs”) were, essentially by their very nature, “hold-up” and “coercion” that violated...more

Baker Donelson

New Decision Expands Protection for Foreign Brand Owners

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A recent precedential decision enlarges the protection for foreign trademark owners. Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). The decision is a nod to foreign trademark owners to...more

Seyfarth Shaw LLP

Commercial Litigation Outlook - 2025

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Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material...more

Quarles & Brady LLP

Competitive AI Use May Raise IP Issues

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As more and more companies employ artificial intelligence (“AI”) in their business activities, novel legal questions continue to arise. Of particular note is the application of existing principles of intellectual property...more

Woods Rogers

Attention, Small Business Owners: The ITC Could Help You Enforce Your IP

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The Federal Circuit's recent decision in Wuhan Healthgen Biotechnology Corp. v. U.S. International Trade Commission significantly alters the landscape for small companies seeking recourse against foreign infringers. The court...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Biosimilars at the Crossroads: A $234 Billion Opportunity or a Missed Chance for Healthcare Savings?

The U.S. stands at a crossroads in light of rising drug prices and it is unclear what the future will hold in answer to the rising drug costs. Biologic medicines have rapidly expanded available treatment options and accounted...more

Miles Mediation & Arbitration

The Current State of Non-Competes: How the Recent FTC Rule Affects Missouri Employment Attorneys

On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule that attempts to eliminate almost all post-employment non-compete covenants. The validity of the rule is currently being litigated and the results...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: European Commission Suddenly Withdraws Proposed SEP Regulation

On February 11, 2025, the European Commission withdrew its longstanding, and much debated, proposal for standard essential patent (SEP) regulation. The withdrawal was met with mixed reactions, with SEP holders largely...more

Mayer Brown

Europe Daily News, 07 February 2025

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COMPETITION - ABC Technologies has filed its acquisition of TI Fluid Systems acquisition under the EU foreign-subsidy regulation - See Case FS.100182 (Deadline on 12 March)....more

HaystackID

OpenAI Accuses DeepSeek of Unlawful Use of AI Models, Raising Ethical and Legal Concerns

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In a major development within the global artificial intelligence (AI) industry, OpenAI has lodged serious accusations against DeepSeek, a Chinese AI startup, alleging that the latter has illegally utilized its proprietary...more

Jenner & Block

Jenner & Block Japan Newsletter - January 2025

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Welcome to the January 2025 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more

K&L Gates LLP

When Life Gives You Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement...

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On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

TTAB Upholds Reputation Outside of U.S. as Ground for Opposition

In the recent precedential decision Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025), the U.S. Trademark Trial and Appeal Board found that an Opposer had standing to challenge registration of a...more

Bennett Jones LLP

Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

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On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP...more

International Lawyers Network

Infringement of Trademark by Metatag and Keywords 

Introduction - Post-pandemic, there has been a significant rise in digital marketing worldwide. Companies are utilising platforms (“Platforms”) like Google Ads and various social media networks to connect with prospective...more

Irwin IP LLP

Hips Don’t Lie (About Their Allegedly Optimal Color). 

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CeramTec v. Coorstek Bioceramics, Case No. 2023-1502 (Fed. Cir. Jan. 3, 2025) - Colors are generally permitted as source identifiers for trademarks or trade dress because they are typically perceived as an ornamental...more

Axinn, Veltrop & Harkrider LLP

Three Takeaways from the Initial Determination at the ITC Regarding Standard Essential Patents in the 1380 Investigation

On January 8, 2025, Administrative Law Judge (ALJ) Cameron Elliot issued a public version of the Initial Determination (ID) in Certain Video Capable Electronic Devices, Inv. No. 337-TA-1380 brought by Complainant Nokia. While...more

Seyfarth Shaw LLP

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

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In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. ...more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law - 2024

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As we navigate a rapidly evolving business and legal landscape, Seyfarth proudly presents the latest edition of our flagship publication, the 50-State Non-Compete Desktop Reference. Crafted with precision by our nationally...more

Cooley LLP

Stiff EU Antitrust Fine for ‘Misuse’ of Patent System Delaying Rival Pharma Entry

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On October 31, 2024, the European Commission (EC) fined Teva 462.6 million euros (US$503 million) for abusing its dominant position to delay competition to Copaxone (glatiramer acetate), its blockbuster multiple sclerosis...more

Best Best & Krieger LLP

Federal Guidelines for the Responsible Acquisition of AI—What Local Governments Should Know

The Office of Management and Budget (“OMB”) recently issued a memorandum outlining new requirements for the responsible procurement of artificial intelligence (“AI”) capabilities by federal agencies. While the OMB’s guidance...more

Ballard Spahr LLP

NLRB General Counsel Steps Up Remedies for Unlawful Noncompetes and Targets “Stay-or-Pay” Agreements

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On October 7, 2024, the National Labor Relations Board’s (NLRB) top prosecutor issued a memo to NLRB regional offices, solidifying the hard line her office will take on noncompete and “stay-or-pay” agreements and calling for...more

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