Gregory Parker and Andrew J. Rittenhouse
This article examines the impact of TC Heartland with a focus on recent Federal Circuit decisions applying TC Heartland and further clarifying the scope of where patent cases may be filed.
Since the start of the digital media era, content industries have engaged in a tug-of-war with courts over whether the identity of defendants accused of violating plaintiffs’ rights, via online distribution, can be revealed.
Howard J. Shire and Jeremy S. Boczko
Board Says It Doesn’t Matter Whether Use Is By a Trademark Owner Or a Third Party
In a nearly 50-page precedential opinion, the Trademark Trial and Appeal Board (TTAB) panel of Judges Adlin, Heasely, and Lynch, underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become. Tao Licensing, LLC, v. Bender Consulting d/b/a Asia Pacific Beverages.
The U.S. Court of Appeals for the Ninth Circuit upheld a win for ESPN in a lawsuit that accused the company of sharing the personal identities of customers, who used the sports network’s Roku streaming application, with data analytics companies.
There Was No Clear Majority at Oral Argument Signaling the Death of Inter Partes Review
November 27 was supposed to be the big Patent Trial and Appeal Board (PTAB) showdown at the U.S. Supreme Court. After two hours of questioning, it seemed more like a big bust.
Harry Sandick and Clint Morrison
The Second Circuit recently reversed a district court’s determination that federal prosecutors and agents were not entitled to qualified immunity from plaintiffs’ Bivens claims for money damages for violations of the Fourth and Fifth Amendments in procuring and executing a search warrant.
Brian D. Murphy
The preference of the parties involved, even if reduced to writing, is rarely determinative of employment status. Instead, the specifics of the relationship will govern.
Determining whether or not a government regulation constitutes a “taking” for the purposes of the Fifth Amendment can be a complex endeavor. The recent Second Department decision of Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.), provides some guidance on three important regulatory takings issues.
A federal judge sided with class counsel in the NFL concussion litigation on several disputes, including how the former players’ claims should be processed and whether attorney fee awards should be delayed until more payments are made to the claimants.
Daniel A. Cohen and Fielding E. Huseth
A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.