News & Analysis as of

Proprietary Information Patent Infringement

Sunstein LLP

Advertisers Beware: Falsely Advertising Products as “Patented” and “Proprietary” Can Violate the Lanham Act, Says the Federal...

Sunstein LLP on

On October 3, 2024, in Crocs v. Effervescent, the Federal Circuit ruled that falsely advertising that a product feature is patented can constitute a violation of the Lanham Act. All the way back in 2006, Crocs sued several...more

Fenwick & West LLP

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

Fenwick & West LLP on

Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2024

Crocs, Inc. v. Double Diamond Distribution, Ltd., Appeal No. 2022-2160 (Fed. Cir. Oct. 3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims...more

Knobbe Martens

Falsely Claiming Patent Protection May Violate the Lanham Act

Knobbe Martens on

Before Reyna, Cunningham and Albright. Appeal from the United States District Court for the District of Colorado. Summary: A claim that an unpatented product feature is “patented,” “proprietary,” or “exclusive” may violate...more

Foley & Lardner LLP

Structuring IP Licenses to Manage Supply Chain Risks in the Automotive Industry

Foley & Lardner LLP on

In recent years unexpected supply chain disruptions made it difficult for some automotive suppliers to manufacture components needed to fulfill their downstream orders on time and on budget. Although looking to alternate...more

Proskauer - Law and the Workplace

Lessons Learned From 2022’s Trade Secret Verdicts

Before closing the book on 2022, we look back at the most significant verdicts issued in trade secret trials this past year. In 2022, several juries awarded extraordinary verdicts to plaintiffs. These verdicts suggest a...more

Fisher Phillips

Have Your Cake and Eat It Too: Trade Secret Litigation Offers Creative Additional Option for Employers Asserting Patent...

Fisher Phillips on

When most companies think about how to protect their proprietary information and inventions, the first (and most obvious) option is to file for patent protection. However, as recent court cases make clear, trade secret law...more

Seyfarth Shaw LLP

Peloton Surges to the Top of the Leaderboard in Competitor Spat

Seyfarth Shaw LLP on

In 2012, Peloton rode into the home fitness scene with its now ubiquitous at-home exercise bike, which features a tablet that allows riders to stream both live and pre-recorded classes while competing against other riders on...more

Sheppard Mullin Richter & Hampton LLP

10 Things to Know About The Intersection of Blockchain Technology, Open Source Software, and Patents

On their own, blockchain technology, open source software, and patents each present legal issues that are often complex and frequently misunderstood. When combined, the complexity and misunderstandings of these three topics...more

Jones Day

ITC Declassifies Portions of Final Determination

Jones Day on

In re Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944 (ITC Comm’n Apr. 19, 2017), is a surprisingly rare opinion addressing a common issue: When should the ITC redact a portion of an...more

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