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Intellectual Property

  • Although several direct appeals for PTAB review or rehearing were made by parties who had received adverse outcomes at PTAB hearings after the Arthrex decision, on November 3, the first rehearing was granted by the PTO acting director.

    December 01, 2021Ryan C. Deck and Robert E. Browne
  • In two recent decisions, the Federal Circuit and a Delaware district court took account of the underlying economic conditions that permit and prevent awards of lost profits, and looked at the implications of those conditions on otherwise unrelated areas of law.

    December 01, 2021Eric Alan Stone and Catherine Nyarady
  • District Court: Exceptionality Found and Attorney Fees Awarded When Patent Owner Pursued Litigation With a Fraudulently Obtained Patent

    December 01, 2021Howard Shire and Stephanie Remy
  • The SharkNinja case as well as other well-established precedents serve as powerful reminders to advertisers of certain best-practices in choosing their trademarks or evaluating whether to challenge their competitors' trademarks.

    November 01, 2021Kyle-Beth Hilfer
  • Internet tools are becoming more sophisticated in measuring the impact of online disparaging and defamatory statements, paving the way for affected business owners and celebrities to fight back by filing defamation suits seeking to recover damages for the harm to their reputation and brand value.

    November 01, 2021Doug Bania
  • Federal Circuit: Case Belongs In the Northern District of California, Not Western District of Texas Federal Circuit: Arbitration Clause Did Not Prevent Institution of IPR Petitions

    November 01, 2021Jeff Ginsberg and George Soussou
  • Johansson alleges that, in order to generate new subscribers for Disney+, Disney intentionally interfered with her talent agreement with Disney affiliate Marvel Studios for her featured role in Black Widow — and thus allegedly induced Marvel to breach a promise in the Johansson/Marvel agreement for the film to be initially distributed in exclusive "wide theatrical release." Updated Oct. 1 to reflect a confidential settlement reached in the case.

    October 01, 2021Stan Soocher