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Intellectual Property Protection Ex Parte

Womble Bond Dickinson

Trademark Insights: What the First Precedential TTAB Expungement Decision Means for You

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As a trademark applicant, encountering a prior registration that obstructs your path to registration is never a pleasant experience (nor for your attorneys who have to inform you about it). The frustration only intensifies...more

Fish & Richardson

Ex Parte Seizures Under the DTSA: A Drastic Trade Secret Remedy

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Here, we look at the Defend Trade Secrets Act (DTSA)’s provision of injunctive relief. Specifically, the DTSA allows trade secret plaintiffs to request a unique remedy — an ex parte seizure of the defendant’s property....more

Sheppard Mullin Richter & Hampton LLP

How to Recover Attorneys’ Fees in a Schedule A Trademark Case in the Northern District of Illinois

In recent years, a substantial number of “Schedule A” trademark infringement cases have been filed in the Northern District of Illinois. In such a case, the trademark owner may file a trademark infringement complaint against...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | February 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Seyfarth Shaw LLP

Is That Really Appealing? – 2023 Affirmance Rates of the TTAB

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The one and only TTABlogger, to whom we are very much indebted, recently reviewed and analyzed the decisions concerning Section 2(d) and Section 2(e)(1) refusals that the Trademark Trial and Appeal Board issued in 2023. ...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | January 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

A&O Shearman

UPC Insights: Security for legal costs

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The UPC decides that the defendant’s financial situation and location matter. On 30 October 2023, the Munich Central Division of the UPC (the Court) issued an order stating that NanoString must provide security to Harvard...more

Arnall Golden Gregory LLP

Boot That Fake Merch: Add Ex Parte Seizure Orders to Your Repertoire

Rod Wave, like many other artists, recently obtained an ex parte seizure order from a federal court permitting the seizure and impoundment of fake merchandise infringing on his intellectual property rights in and around his...more

Knobbe Martens

Federal Circuit Review - August 2023

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IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response - In Axonics, Inc. v. Medtronic, Inc., Appeal No. 22-1532, the Federal Circuit held that where a patent owner in...more

McDermott Will & Emery

A Win for Patentees: UPC Issues First Reasoned Decisions

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The Unified Patent Court (UPC) has issued its first reasoned decisions since launching on June 1 and, as expected, the decisions favor patentees. The UPC’s Local Division Düsseldorf ordered a preliminary injunction in one...more

Proskauer - Minding Your Business

USPTO Updates to Interim Director Review of PTAB Decisions

On July 24, 2023, the United States Patent and Trademark Office (USPTO) announced updated procedures for the interim Director Review (DR) of Patent Trial and Appeal Board (PTAB) decisions. The updated procedures could help...more

Jones Day

Spoonful of Commercial Success Overcomes Obviousness Rejection

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The Patent Trial and Appeal Board (PTAB) recently reversed obviousness rejections based on an Applicant demonstrating commercial success of an infant spoon, in Ex Parte Doug Gonterman and Jessica Lineberry. The PTAB found...more

Morrison & Foerster LLP

Happy Anniversary, DTSA: The Defend Trade Secrets Act At Five

On May 11, 2016, the Defend Trade Secrets Act (“DTSA”) was signed into law with sweeping bipartisan support, passing unanimously in the Senate, and by a vote of 410-2 in the House. In the current political climate, passing...more

Haug Partners LLP

The Defend Trade Secrets Act: An Overview and Key Developments

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Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more

Troutman Pepper

How Safe Is That Harbor? The Impact of the Defend Trade Secrets Act's Whistleblower Immunity Provision on a Trade Secret Owner's...

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Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more

Hogan Lovells

"IP Fast Action Protocol" facilitates processing of preliminary injunctions at Mobile World Congress 2019

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The Mobile World Congress (MWC), whose latest edition took place in Barcelona from 25 to 28 February 2019, is the largest mobile communications event in the world where new devices, applications and the latest developments in...more

McDermott Will & Emery

Ex Parte Proceedings Without Defendant Involvement Violate German Constitutional Law

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In two recent decisions, the German Federal Constitutional Court declared preliminary injunctions (PIs) unconstitutional if they are granted without hearing or advance notice to the defendant. Case Nos. 1 BvR 1783/17, 1 BvR...more

White & Case LLP

Publication of the Decree on the Protection of Trade Secrets in France

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Following the promulgation of Law n°2018-670 on the Protection of Trade Secrets on 30 July 2008 transposing the provisions of Directive (EU) 2016/493 of the European Parliament and of the Council of 8 June 2016 on the...more

Mintz - Intellectual Property Viewpoints

Massachusetts Adopts Uniform Trade Secrets Act

On October 1, 2018, Massachusetts will become the 49th state to adopt a version of the Uniform Trade Secrets Act. The version of the UTSA that Massachusetts will adopt bears notable similarities to the Defend Trade Secrets...more

Holland & Knight LLP

Examining Ex Parte Pre-Trial Seizures Under DTSA

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The Defend Trade Secrets Act (DTSA) provides for remedies in the form of damages, an injunction, and fees. 18 U.S.C. § 1836(b)(3). In addition to these remedies, DTSA provides for an ex parte pre-trial seizure of property....more

Fish & Richardson

Federal Trade Secret Cases Increase 30% Since DTSA

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A year after the 2016 passage of the Defend Trade Secrets Act (DTSA), the number of trade-secret case filings in federal district courts has spiked upward, according to a recent research report....more

Fisher Phillips

The DTSA’s Ex Parte Seizure Remedy – Two Years Later

Fisher Phillips on

Enacted in May 2016, the federal Defend Trade Secrets Act (DTSA) created a new remedy that was not available under any state's Uniform Trade Secrets Act (UTSA) – the ex parte civil seizure. This remedy permitted plaintiffs to...more

Pierce Atwood LLP

The Defend Trade Secrets Act: Five Key Lessons

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Courts will refuse to grant trade secret protection under the Defend Trade Secret Act (DTSA) when an employer has not taken certain basic precautions to create and maintain the secrecy of the subject information. ...more

Parker Poe Adams & Bernstein LLP

Trade Secrets: What In-House Counsel Need to Know

As former U.S. Attorney General Eric Holder observed, there are only two types of companies affected by trade-secret theft: those that know they’ve been compromised and those that don’t know yet. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations?

On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation – celebrated its first birthday. The law was the result of years of negotiation between...more

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