Archives: IP Litigation

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Change of Scenery: TC Heartland Reshapes the Patent Litigation Landscape

Earlier today (May 22, 2017), the U.S. Supreme Court unanimously held that venue for patent infringement suits against U.S. companies is limited to the company’s state of incorporation or where the company has a “regular and established place of business.”  The Supreme Court’s decision—TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341—dramatically … Continue Reading

Ninth Circuit Holds The GOOGLE Trademark Is Not The Victim Of “Genericide”

Ninth Circuit Holds The GOOGLE Trademark Is Not The Victim Of “Genericide” On Tuesday, the Ninth Circuit issued its decision in Elliott v. Google, Inc., No. 15-15809 (9th Cir. May 16, 2017), affirming the District of Arizona’s ruling granting Google’s motion for summary judgment that its GOOGLE trademark is not subject to cancellation as generic. … Continue Reading

ALJ Finds No Violation In Beverage Capsules Enforcement Proceeding And Recommends Temporary Rescission of Remedial Orders Based On U.S. District Court Judgment of Non-Infringement

On June 1, 2016, the complainant in Certain Beverage Capsules (Inv. 337-TA-929) filed a complaint with the ITC seeking enforcement of ITC remedial orders issued against a respondent (Eko Brands) that had been defaulted for failing to participate in the original investigation. The presiding administrative law judge (ALJ) has now issued his ruling finding no … Continue Reading

U.S. International Trade Commission Simultaneously Announces Reversal of ALJ’s Dismissal of False Designation of Origin Claims and Schedules Oral Argument On Dismissal of Antitrust-Based Claims In Carbon And Alloy Steel Products

The USITC’s investigation in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002 was instituted to investigate alleged violations of Section 337 by the Chinese steel industry based on claims of trade secret misappropriation, false designation of origin, and antitrust violations.  In November of last year, the presiding administrative law judge (as we previously reported) … Continue Reading

New Year’s Resolution: Make Sure Privacy Policies are Followed and Opt-Out Procedures Work

A recent Federal Trade Commission (FTC) settlement is a reminder that companies should make sure that they live up to their privacy policies and that their opt-out procedures work as promised.  If not, the FTC is likely to claim that the company violated Section 5 of the FTC Act by engaging in unfair and deceptive … Continue Reading

U.S. International Trade Commission To Review ALJ’s Dismissal Of Antitrust-Based Claims In Carbon And Alloy Steel Products

The USITC’s investigation in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002 was instituted to investigate alleged violations of Section 337 by the Chinese steel industry based on claims of trade secret misappropriation, false designation of origin, and (atypically for a 337 proceeding) antitrust violations.  While the first two claims are proceeding to trial, the … Continue Reading
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