News & Analysis as of

Intellectual Property Protection Litigation Fees & Costs

Fenwick & West LLP

A Recent Tax Ruling Has Made ANDA Litigation Less Burdensome for Generics

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In Actavis v. U.S., a case at the intersection of tax law and patent law, the Federal Circuit held that generic drug companies’ Hatch-Waxman litigation expenses are “ordinary and necessary business expenses” and can be...more

Jones Day

Third Party IPRs Sway District Court’s Prevailing Party and Costs Rulings

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Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed as the...more

Lerman Senter PLLC

Broadcasts, Advertising, and Promotions Related to the 2024 NCAA Basketball Championships

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The NCAA national men’s and women’s basketball tournaments will begin on March 17, 2024 and end with the national championship games in early April. Broadcast stations often conduct promotions tied to these tournaments...more

Gray Reed

The Taxman, Technology Litigation and Cavalier Settlement Structures

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Intellectual property (“IP”) is hugely important to businesses. Given that importance, IP owners must occasionally litigate against the unauthorized use of their technology. The costs of such litigation and appurtenant...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

Vondran Legal

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging

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What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more

Haug Partners LLP

A U.S. View on the UPC – Part 5: Of Costs and Fees (and Getting Them Back)

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On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles –...more

McAfee & Taft

Benefits and pitfalls of alternative litigation funding

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Intellectual property litigation is expensive. So much so that many businesses facing the prospect of pursuing litigation resort to making settlement decisions based on the economic burden of a multi-year litigation process,...more

Smart & Biggar

Canadian courts show trend of awarding higher costs in IP litigation

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Every IP litigant has the same questions on their mind: “If I win, how much of my legal costs can I recover? And if I lose, how much will I have to pay?” These are important questions, and the answers now may be different...more

Smart & Biggar

5 reasons why Canada is an attractive jurisdiction for trademark litigation

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Brand owners looking to enforce their rights expeditiously (and inexpensively) need look no further than Canada, which offers brand owners a number of tools to obtain relief against infringers and counterfeiters in a...more

Troutman Pepper Locke

The American Rule Is Still the Rule

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Laura Peter, Deputy Director, Patent and Trademark Office v. NantKwest, Inc., No. 18-801 (December 11, 2019) - Yesterday, the Supreme Court overruled a recent interpretation of 35 USC §145 by the U.S. Patent and Trademark...more

Jackson Walker

Congress Makes the “CASE” for a New Copyright Tribunal, While Dissenters Express Concern

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As 2019 draws to a close, we begin reflecting on a seminal year for copyright law. The year brought us a pair of unanimous Supreme Court decisions, the expansion of works in the public domain for the first time in 20 years,...more

Robins Kaplan LLP

ANDA Litigation Settlements - Fall 2019

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Please see full Chart below for more information....more

Seyfarth Shaw LLP

Boss Moves in Makeup: A Look at the Future of Cosmetics

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Seyfarth hosted its first “Future of Cosmetics and Personal Care Products" event in its New York office on November 12, 2019. The event brought together industry leaders and Seyfarth attorneys for a timely conversation on the...more

International Lawyers Network

Supreme Court Settles Circuit Split on When a Plaintiff May Sue

The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2019

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In This Issue - A Looming AI War: Transparency v. IP Rights - As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few...more

International Lawyers Network

Descendants of Danish well-known scientist could not prevent the use of his name by a large Danish based stated-owned energy...

The descendants of a well-known Danish scientist could not prevent the commercial use of the name ØRSTED as a trademark, domain and company name by the Ørsted Group (former Dong Energy A/S)....more

Holland & Knight LLP

Trade Secret Defendant Awarded Fees for “Objectively Specious” DTSA Claims

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Judge William Alslup of the Northern District of California recently awarded fees to CloudFlare, Inc. (CloudFlare), a defendant in a trade secret misappropriation case under, in part, the relatively new Defend Trade Secrets...more

Jaburg Wilk

Why Register My Copyrights? The Benefits of Copyright Registration

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Copyrights arise automatically when an original work is created. Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs,...more

Hogan Lovells

Updates to Hong Kong Arbitration Ordinance: third party funding and IP rights

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Yesterday, on 14 June 2017, two sets of amendments to Hong Kong’s arbitration law were passed to clarify that: - third party funding of arbitration, mediation and related proceedings is permitted under Hong Kong law,...more

McAfee & Taft

Strategies for avoiding unnecessary litigation expenses

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Litigation is expensive, and concerns about the costs associated with litigation can deter both plaintiffs and defendants from vigorously pursuing their claims and defenses in court — even when those claims and defenses have...more

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