News & Analysis as of

Unfair Competition Patent Infringement

Ward and Smith, P.A.

Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

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Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various...more

Knobbe Martens

"Improper” Listing of Patents in the FDA’s Orange Book

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As we previously discussed, on November 7, 2023, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listings of device patents in the Food and Drug...more

Paul Hastings LLP

The Federal Circuit Addresses Equitable Remedies and Defenses Against Patent Owners For Their Misconduct Before the District Court...

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The Federal Circuit’s decision in Luv N’ Care v. Laurain (April 12, 2024) addresses the legal standards for remedying egregious forms of deceptive conduct by patent owners through the equitable barring of relief and patent...more

Troutman Pepper

The Murky World of IP Protection for Gene-Edited Plants

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Agribusiness is currently experiencing both a technological revolution and a corresponding increase in intellectual property uncertainty and disputes. Originally published in Law360 - October 26, 2023....more

Wolf, Greenfield & Sacks, P.C.

The ITC in 2023: A Look at Five of the Most Surprising Section 337 Developments

2023 was an exciting year for Section 337 litigation at the ITC, particularly in the final quarter of the year. As we ring in the new year, Wolf Greenfield Shareholder Libbie DiMarco examines five of the most noteworthy ITC...more

Dunlap Bennett & Ludwig PLLC

What Are The Grounds For A Cease-And-Desist Letter?

If someone is hurting you or your business, one option is to send a cease-and-desist letter (also known as a “demand letter”). What is it, and what are the grounds for a cease and desist letter? This letter informs the...more

Wilson Sonsini Goodrich & Rosati

FTC Disputes Patent Listings of 10 Brand Drug Makers as Improperly Listed in FDA’s Orange Book

On November 7, 2023, the Federal Trade Commission (FTC) sent notice letters1 to 10 brand drug manufacturers of drug-device combination products, including drugs delivered by asthma inhalers, epinephrine autoinjectors, and...more

Jones Day

Fintiv Denial Despite Stipulation

Jones Day on

On May 9, 2022, the Patent Trial and Appeal Board denied Hillman Group, Inc.’s (“Hillman’s”) three petitions for inter partes review. See The Hillman Group, Inc. v. Hy-Ko Products Co. LLC, IPR2022-00168, -00169, and -00174....more

Linda Liu & Partners

Things You Need to Know Before Sending a Warning Letter in China

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If you believe that someone is infringing on your patent right in China, you may be angry and unable to refrain from sending him a warning letter(C&D letter) demanding him to stop the infringement. Sending a warning...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – February 2022

Thank you for reading the February 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss trademark rights in relation to appropriation art, including NFTs, and provide an update on cannabis...more

McDermott Will & Emery

Intellectual Property & Health: Need to Know - France & Europe - February 2022

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UNIFIED PATENT COURT - The Unified Patent Court (UPC) should become a reality in 2022 or in the first few months of 2023. The Protocol on Provisional Application (PPA) of the Agreement on a Unified Patent Court (AUPC)...more

McDermott Will & Emery

Foreign Company's Purposeful US Activities Blemishes Lack of Personal Jurisdiction Defense

The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a complaint, finding that the foreign defendant was subject to specific personal jurisdiction in the United States in light of the...more

Fox Rothschild LLP

Judge Noreika Denies Defendants’ Motion for Attorneys’ Fees In Alleged Patent Infringement Action

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By Memorandum Opinion entered by The Honorable Maryellen Noreika in Mixing & Mass Transfer Technologies, LLC v. SPX Corporation et al., Civil Action No. 19-529-MN (D.Del. November 4, 2020), the Court denied the SPX...more

Knobbe Martens

Litigants Face a High Hurdle When Seeking Fees for Unadjudicated Claims

Knobbe Martens on

MUNCHKIN, INC. V. LUV N’ CARE LTD - Before Dyk, Taranto, and Chen. Appeal from the Central District of California. Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully...more

McDermott Will & Emery

Chalk One Up to the Knock-Off

McDermott Will & Emery on

Addressing issues of design patent infringement, copyright infringement, trade dress infringement and unfair competition, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

McDermott Will & Emery

IPR Time-Bar Clock Starts Ticking on Service of Complaint, Even if Deficient

McDermott Will & Emery on

In a precedential decision, the Patent Trial and Appeal Board (PTAB) dismissed a petition for inter partes review (IPR), finding that the one-year time limit for filing an IPR petition under 35 USC § 315(b) is triggered even...more

International Lawyers Network

A New Mechanism For Protecting Fashion Companies In Russia

At the end of June a mechanism providing for temporary protection of industrial designs was introduced into the Russian legal system. In short it requires somebody who uses an industrial design during the period of its...more

Shook, Hardy & Bacon L.L.P.

Cloud Infrastructure Provider Densify Attempts to Ward Off Partner/Competitor VMware with IP Infringement Suit

Cirba, Inc., d/b/a Densify, a quintessential start-up success story and provider of cloud services to automate virtual infrastructure optimization, recently filed a Patent Infringement and Unfair Competition Complaint against...more

International Lawyers Network

TOP-10 IP Disputes in 2018

CATEGORY: Trademarks - CASE: Sony vs. PAG - DETAILS: Resolution of the Constitutional Court No. 8-P dated 13 February 2018 - SUMMARY: Unlike the counterfeit, the original (grey) product cannot be destroyed under the...more

Hogan Lovells

Hogan Lovells: ITC Section 337 Quarterly Highlights

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The ITC Section 337 series provides updates on recent U.S. International Trade Commission (ITC) Section 337 investigations as well as other timely ITC developments that affect your business. ...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

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Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Hogan Lovells

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

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China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. ...more

Jones Day

ITC Institutes Investigation Based on Allegation of Drug Sales Without FDA Approval

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Normally, it is the FDA that monitors the improper distribution of drugs. But, as it turns out, the International Trade Commission (“ITC”) might be able to enter the fray too. On April 18, 2018, the ITC issued a notice...more

Shook, Hardy & Bacon L.L.P.

Citrix Files Patent Infringement And Unfair Competition Strike Against Avi Networks’ Cloud Application Delivery Platform For...

In another example of a competitor-based patent lawsuit involving cloud computing, Citrix Systems filed a major lawsuit against its newcomer competitor Avi Networks in the U.S. District Court of Delaware in December 2017. ...more

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