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Searching Content indexed under Intellectual Property by Kramer Levin Naftalis & Frankel LLP ordered by Published Date Descending.
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1
Does Lanham Act Require Willful Infringement For Profit Disgorgement?
Litigation partner and Advertising Litigation Co-chair Norman C. Simon, with associate Patrick J. Campbell, authored a New York Law Journal...
United States
14 Aug 2019
2
SCOTUS To Address Whether Lanham Act Requires Willful Infringement For Profit Disgorgement
Litigation partner and Advertising Litigation Co-chair Norman C. Simon, with associate Patrick J. Campbell, authored a New York Law Journal article titled "SCOTUS to Address Whether Lanham Act
United States
9 Aug 2019
3
Supreme Court Holds That Trademark Licensor's Rejection Does Not Rescind Or Terminate License
On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ---, 139 S. Ct. 1652 (2019), the Supreme Court resolved a split among the circuits
United States
2 Jul 2019
4
Contracting Away The Risk Of IPR Challenges By Patent Licenses
A recent decision by the Federal Circuit confirmed the ability of patent licensors to use forum-selection clauses to have licensees contractually waive
United States
18 Jun 2019
6
The End Is Near: Trade Secret Cases In The New York State Court System
On May 3, 2018, in a 4-3 split decision, the New York Court of Appeals in E.J. Brooks Company v. Cambridge Security Seals (the E.J. Brooks case) held that plaintiffs cannot recover damages...
United States
2 Oct 2018
7
Inter Partes Review Is Here To Stay In Modified Form
In a previous post here, we described constitutional and procedural challenges to inter partes review ("IPR") in the Oil States and SAS Institute cases taken up by the U.S. Supreme Court.
United States
23 Aug 2018
8
Supreme Court Is Asked To Leave Its Mark On Trademark Licensee's Rights In Bankruptcy
If the Supreme Court grants cert, it could resolve the circuit split over whether Section 365(n) allows a trademark licensee to retain its rights to use the trademark post-rejection.
United States
22 Jun 2018
9
Trademark Licensee Retains Rights Post-Rejection
The Bankruptcy Court for the District of Connecticut in In re Sima Int'l, Inc., Case No. 17-21761, 2018 WL 2293705 (Bankr. D. Conn. May 17, 2018), recently held that rejection of a license agreement ...
United States
8 Jun 2018
10
The EU Commission's Proposal For A Directive On The Protection Of Whistleblowers June 1, 2018
On April 23 2018, the European Commission published a proposal for a Directive (the proposal or the Directive) on whistleblower protections in response to a request from the European Parliament ...
European Union
4 Jun 2018
11
Preserving Provisional Rights For Pre-Issuance Patent Damages
Intellectual Property partner Brian V. Slater and associate John P. Dillon's article "Preserving Provisional Rights for Pre-Issuance Patent Damages" ran in the January/February 2018 issue of Landslide, published by the American Bar Association.
United States
21 Feb 2018
12
First Circuit Holds Rejection Of Trademark License Leaves Licensee With Only A Claim For Pre-Petition Damages No Right To Continued Use Of Trademarks; Court Upholds Termination Of Exclusive Distribution Rights
The First Circuit in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), recently held that the Debtor's rejection of a trademark license left ...
United States
21 Feb 2018
13
The Future of Inter Partes Review in the Balance
Three pending cases have the potential to reshape or even eliminate inter partes review, a procedure for challenging patent validity introduced by the 2011 America Invents Act ("AIA").
United States
29 Nov 2017
14
Do American Indian Tribal Deals Shield Patent Owners From Inter Partes Review?
Intellectual Property partner Brian V. Slater authored an article titled "Do American Indian Tribal Deals Shield Patent Owners from Inter Partes Review?" which appeared in the Kluwer Patent Blog on Nov. 1, 2017.
United States
22 Nov 2017
15
Deep Dive: Does The PTO's Inter Partes Review Violate The Constitution?
"Deep Dive: Does the PTO's Inter Partes Review Violate the Constitution?," an article by Intellectual Property partner Mark A. Baghdassarian, and associates John P. Dillon and Matthew W. Olinzock...
United States
19 Sep 2017
16
BPCIA Questions Continue To Arise For Biosimilar Applicants
Intellectual Property partner Gregory B. Sephton, special counsel Christine Willgoos and associate John P. Dillon's article "BPCIA Questions Continue To Arise For Biosimilar Applicants"...
United States
17 Aug 2017
17
If You Have Nothing Nice To Say, Say
On June 19, the Supreme Court struck down as unconstitutional a provision of the Lanham Act prohibiting federal registration of disparaging trademarks.
United States
10 Jul 2017
18
Supreme Court Issues Highly Anticipated Decision Interpreting The Biologics Price Competition And Innovation Act
On June 12, the Supreme Court decided Sandoz Inc. v. Amgen Inc., the first case under the Biologics Price Competition and Innovation Act of 2009 (BPCIA) to reach the high court.
United States
4 Jul 2017
19
Potential Impact Of The Supreme Court's Decision To Review The PTAB's Practice Of Issuing Partial Final Written Decisions In Post-Grant Proceedings
In a case with potential wide-ranging ramifications for patent validity challenges, on May 22, 2017, the Supreme Court granted a writ of certiorari in an appeal from an IPR decision...
United States
13 Jun 2017
20
The EC New Alert Mechanism To Detect Cartels: A Teaser Before A European General Framework For Whistleblowing
Whistleblowing has been part of the U.S. legal tradition, if not since the resolution passed by the Continental Congress in 1778, at least since the adoption of the 1863 False Claims Act.
European Union
7 Jun 2017
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