Embedding content from a social media site in one’s website initially seemed to be a safe harbor from a copyright infringement claim. In 2007, the Ninth Circuit adopted the so-called “server test,” ruling that in-line linking of images – now more commonly referred to as embedding – did not violate the exclusive display, copying or … Continue Reading
On July 1, 2020, the Federal Circuit’s Amendments to its Rules of Practice took effect. These Amendments were adopted to clarify and streamline the Court’s current practices, especially in view of the 2019 amendments to the Federal Rules of Appellate Procedure. To assist practitioners, the Federal Circuit released a summary of its Adopted Rule Amendments. … Continue Reading
In Mayborn Group, Ltd. v. ITC, 19-2077 (July 16, 2020), the Court of Appeals for the Federal Circuit (CAFC) affirmed an U.S. International Trade Commission (ITC) decision denying a petition for rescission of a General Exclusion Order (GEO) based on new invalidity arguments presented by a party not involved in the underlying investigation. This decision … Continue Reading
Courts are exercising their power under Rule[1] 30(b)(4) to order that depositions be taken remotely and by videoconference during these uncertain times of the coronavirus pandemic. Such orders reflect concerns about the progress of cases, as discussed in our prior blog, and the public health. With remote depositions being essential under current circumstances, attorneys need … Continue Reading
Today’s litigators are advocates and strategists, excelling in the application of rules, the art of negotiation, and the power of oral argument, and they use these tools to achieve the best possible outcomes for their clients. In the age of COVID-19, with stay-at-home orders in effect across much of the nation, litigators may have lost … Continue Reading
The Supreme Court arguments in USPTO v. Booking.com B.V.[1] on May 4, 2020, marked a historic first: the Supreme Court held oral arguments remotely, by telephone. As a result, lawyers and Supreme Court enthusiasts were able to listen to the argument in real time. Further, both the Petitioner USPTO and the Respondent Booking.com were represented … Continue Reading
It is a trite comment that cross-border commerce and international markets have globalized most every business, from fledging startups to multinational companies. With this new globalized reality, parties are commonly finding themselves either directly involved in disputes around the world or connected to them in some way. Northern California, with its high tech sector and … Continue Reading
On April 10, 2020, 3M Co. sued an unauthorized vendor for attempting to sell an NYC agency $45 million worth of 3M-brand respirator masks at 500% of 3M’s list price, or more. Amid the COVID-19 pandemic, as government agencies scramble to procure personal protective equipment (PPE), unscrupulous parties are capitalizing on the crisis through price … Continue Reading
In Valeant Pharmaceuticals Int’l, Inc. v. Mylan Pharmaceuticals Inc., No. 2018-2097 (Fed. Cir. April 8, 2020), the Federal Circuit was asked “whether prior art ranges for solutions of structurally and functionally similar compounds that overlap with a claimed range can establish a prima facie case of obviousness.” Concluding that they can, the Federal Circuit reversed … Continue Reading
It is back to state court for Acer America Corp., after the Federal Circuit held that Acer’s state law trade secret claims should never have been removed to federal court in the first instance. Intellisoft Ltd. v. Acer America Corp., No. 19-1522. Vacating the district court’s judgment in Acer’s favor, the Federal Circuit reiterated longstanding … Continue Reading
On March 26, a federal district court in New York held that the publishers of the popular NBA 2K videogame did not infringe on plaintiff’s tattoo copyrights when the publishers depicted those tattoos on basketball players in NBA 2K. The publishers, 2K Games and Take-Two Interactive Software, were successful in asserting multiple copyright defenses, including … Continue Reading
As more and more courts grapple with the Coronavirus Public Health Emergency, many are issuing Administrative Orders with provisions for conducting business via teleconference or videoconference. Most courts and litigators are familiar with holding status conferences and discovery dispute hearings by phone conference. But what should courts and parties do about complex hearings such as … Continue Reading
In an effort to contain the COVID-19 outbreak, courts across the US are now limiting services to those that are essential and enforcing social distancing, especially in civil matters. We summarize here key provisions of the COVID-19 orders for twelve federal courts that commonly hear patent, copyright, trademark and/or trade secret cases. These courts are … Continue Reading
After deliberating less than three hours, a jury in the Northern District of Illinois recently awarded Motorola Solutions over $700 million in damages for a civil claim arising under the Defend Trade Secrets Act (“DTSA”). Motorola Sols., Inc. v. Hytera Commc’ns Corp., Ltd., No. 1:17-cv-1973, ECF No. 834 (N.D. Ill. Jan. 31, 2020). Most remarkable … Continue Reading
The Federal Circuit sent Google an early valentine on February 13, 2020, when it granted the petition for mandamus in In re Google, Case No. 19-126, directing that the Eastern District of Texas either dismiss Super Interconnect Technologies LLC’s (“SIT”) infringement action or transfer it under 28 U.S.C. § 1406(a). The court’s precedential opinion held that … Continue Reading
Intellectual Property & Technology partner David Manspeizer (New York) is a panelist on IPO’s (the Intellectual Property Owners Association) IP Chat Channel webinar – Blocking Patents in Litigation After Acorda: What’s Acorda’s Impact Inside and Outside of Pharma? The program, which will take place on February 20, 2020 at 2 pm (EST), will address the … Continue Reading
In what are challenging economic times, concentric diversification is increasingly being considered by businesses as a way of gaining an advantage over competitors. In the automotive sector in particular, manufacturers are expanding their offerings, particularly in the after-sales market, to supplement sales of traditional products. The recent High Court decision in Bentley 1962 Ltd v … Continue Reading
Although the U.S. Supreme Court recently denied certiorari in Acorda Therapeutics v. Roxane Laboratories, which sought review of the “blocking patent” doctrine, expecting the doctrine’s appearance in obviousness cases across all technologies is logical and will undoubtedly speed the development of the law on a number of unanswered questions. Partner David Manspeizer explains further in an … Continue Reading
We are proud to report that our colleagues Christofer Eggers and Christian Boehler successfully represented Balema GmbH in its dispute with Consorzio Tutela Aceto Balsamico di Modena. The ECJ held that that the term “Balsamico” is not protected as a designation of origin and geographical indication.… Continue Reading
Introduction and summary The European Commission recently published a Report on the effectiveness of the EU framework for online dispute resolution (ODR) and alternative dispute resolution (ADR) for consumers. The report demonstrates that whilst the use of ODR and ADR has increased, consumer awareness remains insufficient. The Commission is looking to improve the use of … Continue Reading
Steven Auvil, partner and leader of our US IP litigation practice will serve as a moderator at IAM’s Patent Litigation: Navigating the Law and Policy Landscape in the U.S., on November 5th in Washington DC. Steven’s panel, “Navigating the US Litigation Climate” will discuss lessons IP owners can learn from this past year’s docket, the … Continue Reading
On June 24, 2019, the US Supreme Court invalidated the Lanham Act’s ban on registering “immoral or scandalous” trademarks. In Iancu v. Brunetti, the Court held that that the ban, in Section 2(a) of the Lanham Act, violated the First Amendment because it required the Government to discriminate against certain viewpoints: marks considered to have … Continue Reading
The recent judgment in ATB Sales Limited v Rich Energy Limited [2019] EWHC 1207 (IPEC) illustrates the difficulties parties will have in defending copyright infringement claims over artistic works, if they can only provide limited documentary proof of the creative design process. Background ATB Sales Limited (“Claimant”) brought the action against three Defendants: Rich Energy … Continue Reading
In VersaTop Support Sys., LLC v. Ga. Expo, Inc., 2019 U.S. App. LEXIS 11404 (Fed. Cir. Apr. 19, 2019), the Federal Circuit turned its eye to the Trademark Statute and reaffirmed that the cornerstone of an infringement action under the Lanham Act – with or without “use in commerce” as that term is defined in … Continue Reading
