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Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC), an administrative agency delegated with responsibility over trade disputes, also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor’s importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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Unseating Inelegant Notions of Product Design Functionality
By Jonathan E Moskin
In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.
Hot Legal Litigation Topics for Advertisers and Marketers in 2020
By Kyle-Beth Hilfer
The COVID-19 pandemic pushed brands headlong into e-commerce. Certain advertising and marketing practices led to litigation in 2020. Brands and their legal counsel should target these hot topics for legal vetting and risk mitigation as we move forward into 2021.
By Howard Shire and Shaleen J. Patel
NY District Court Adds to Confusion Surrounding Embedding
Federal Circuit Rules Patent Infringement Under Hatch-Waxman Act Occurs Where ANDA Is Filed
To Embed, or Not to Embed, that is the Question
By Shaleen J. Patel and Mike Hobbs
Would Shakespeare Post Hamlet on Instagram in 2020?
Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders.
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