2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more
An August 2023 decision from the Federal Circuit Court of Appeals highlighted potential new fragilities in the patent portfolios of many industry giants, especially those in the pharmaceutical industry....more
A trade secret is any information used in one’s business that derives independent economic value from not being generally known. Trade secrets, unlike patents, are protected indefinitely for as long as they remain a secret....more
This is the second of a three-part series on the hot legal topics surrounding generative artificial intelligence (AI) (see Part 1: The Latest Chapter in Copyrightability of AI-Generated Works). As the quality of...more
The music industry has begun cracking down on brand owners’ and influencers’ unlicensed use of songs in social media posts through the filing of several lawsuits over the past few months. The lawsuits have largely targeted...more
Given the recent rise in the popularity and profitability of non-fungible tokens (NFTs), celebrities have entered the market not only by purchasing NFTs, but also by minting their own. However, because NFTs often involve the...more
Imagine...you own a site. You give an option to a developer to buy that site subject to obtaining planning permission. It gets the planning permission, using planning drawings prepared by a firm of architects that it engages,...more
The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”)....more
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
The mechanics of litigation in the federal courts have changed dramatically over the course of the past two months. Intellectual property enforcement is certainly not immune to these changes. Now that stay at home orders have...more
Imagine that you are a founder of a revolutionary technology startup in Canada. Your company is about to release its blockbuster product that will disrupt the entire industry and catapult your company to fame and...more
The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more
1980 was a momentous year. Not only was it the year in which the Rubik’s Cube was first released, it was also when approximately 350 million people worldwide finally learned who shot J.R. on TV’s “Dallas” (spoiler alert: it...more
Deregulation is the New Buzzword in Washington — Except in the Tech Industry - The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have...more
Over the years, patents have issued on numerous games, including iconic favorites such as Monopoly® (1935), Battleship® (1935), Rubik’s Cube® (1983), Rock'em Sock'em Robots® (1966), Twister® (1969), and Simon® (1979)....more
Canada is increasingly becoming a hot bed for IP litigation involving U.S. IP owners, and provides a highly favourable forum from a procedural, substantive law and litigation costs perspective. American companies have seen...more