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Preemption Counterclaims

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Dorsey & Whitney LLP

Court Trims Cannabis Company’s Prior Use Defense Based on Preemption by Federal Trademark Law

Dorsey & Whitney LLP on

A federal district court has eliminated a cannabis company’s affirmative defense to federal trademark infringement claims based on the company’s prior use of a trademark that was legal under state law but not federal law. The...more

Dorsey & Whitney LLP

Dispute Over KIVA Trademark Continues to Smolder

Dorsey & Whitney LLP on

A dispute over the trademark KIVA involving use of the mark with health food and cannabis continues to smolder in the Northern District of California. In late 2018, Kiva Health Brands (a national health food and...more

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

Moore & Van Allen PLLC on

The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

Holland & Knight LLP

The UTSA and Preemption of Other Claims - A Trade Secret Claim By Any Other Name (Usually) Does Not Smell So Sweet

Holland & Knight LLP on

In drafting initial pleadings, some litigators assert every cause of action that could possibly fit the facts, so as to protect their clients from every angle. This approach requires extra care when one of the claims arises...more

McDermott Will & Emery

Preemption Challenge to State Demand-Letter Regulations Confers Jurisdiction Under Post-AIA 35 U.S.C. § 1295(a)(1) - Vermont v....

McDermott Will & Emery on

Addressing jurisdictional issues, the U.S. Court of Appeals for the Federal Circuit relied on post-AIA 35 U.S.C. § 1295(a)(1) to exercise, for the first time, jurisdiction over an appeal in which only a counterclaim arose...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

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