Be It Resolved: IP Really Is Everywhere!

By Ashlee Froese of Gilbert's LLP Relishing the opportunity to watch smart, meaningful and intelligent debate, CanadaFashionLaw has been seriously enjoying the US election debates. Imagine our delight when intellectual property laws and counterfeiting snuck into the second presidential debate...

Farella Braun: Coverage for Theft of Customer Credit Card Information

By Tyler Gerking, Partner, Farella Braun + Martel LLP In August, the U.S. Court of Appeals for the Sixth Circuit ruled that there was coverage for first-party and third-party losses arising from the theft of customer credit card information by hackers under a crime policy's computer fraud endorsement...

Controversy Requirement Debated Before Supreme Court In Trademark Case

WASHINGTON, D.C. - (Mealey's) The Second Circuit U.S. Court of Appeals properly found standing lacking in a trademark infringement case by virtue of a covenant not to sue, an attorney for Nike Inc. told the U.S. Supreme Court Nov. 7 ( Already LLC d/b/a YUMS v. Nike Inc. , No. 11-982, U.S. Sup.)....

Free Download: White Paper Explores Insurance Coverage Implications of Social Media

With social media pervading most aspects of society and business, are you up to date on the changes that it brings to the insurance industry? Download a complimentary white paper covering insurance implications of social media . Social media presents a whole new set of exposures and liabilities that...

Adding Some Extra ‘Happy’ To Your New Year With Enhancements Added To The Global IP Law Service!

LexisNexis has released two new features in Global IP Law Service (GIPLS) which are sure to help in your IP research: · Monthly summary of new developments in practice and proceedings for all jurisdictions covered by GIPLS. Each monthly summary provides a set of links that takes the user directly...

Supreme Court Hears Patent Exhaustion, Soybean Seed Case

WASHINGTON, D.C. - (Mealey's) If allowed to stand, a 2011 Federal Circuit U.S. Court of Appeals ruling will threaten farmers by prioritizing "patent rights over personal property rights," something "that's never been done in 150 years,"an attorney for one such farmer told...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

Supreme Court Reverses, Says First Sale Doctrine Applies In Copyright Case

WASHINGTON, D.C. - (Mealey's) A student accused of copyright infringement prevailed March 19 at the U.S. Supreme Court, which held in a divided ruling that the first sale doctrine applies to lawfully made works manufactured abroad and imported to the United States ( Supap Kirtsaeng d/b/a BlueChristine99...

Supreme Court Affirms Patent Exhaustion Not Applicable In Seed Dispute

WASHINGTON, D.C. - (Mealey's) A soybean farmer accused of infringing a patented pesticide-resistant seed was defeated May 13 in his efforts to avoid liability via the patent exhaustion doctrine, when the U.S. Supreme Court deemed the doctrine inapplicable to the dispute ( Vernon Hugh Bowman v. Monsanto...

Supreme Court Grants Certiorari In Dispute Over Cardiac Device Patents

WASHINGTON, D.C. - (Mealey's) The question of whether a patent licensee bears the burden of proving that its products do not infringe in a declaratory judgment action filed pursuant to MedImmune Inc. v. Genentech Inc. (549 U.S. 118, 137 [2007]) will be decided by the U.S. Supreme Court, which on...

US Commission Reports on Effect of IP Theft

An interesting report was recently issued by the Commission on the Theft of American Intellectual Property, which is a US-based commission comprised of private and public sector members. The purpose of the Commission is to assess the scale of international intellectual property theft and its affect...

Supreme Court Grants Certiorari In Dispute Over Lanham Act Standing

WASHINGTON, D.C. - (Mealey's) The question of which analytic framework applies when assessing prudential standing in Lanham Act false advertising cases will be taken up by the U.S. Supreme Court, which granted certiorari June 3 in a longstanding dispute over toner cartridges ( Lexmark International...

What Every Start Up Should Know about Intellectual Property Law

by Charles R. Macedo and Michael J. Kasdan Identifying what differentiates a venture or product line, and the right type of intellectual property that can be used to protect it can be critical to a start-up's success. This article examines the types of items that can make a start-up (particularly...

IP Protection for Plants in Bilateral Free Trade Agreements: the Andean Community, the United States and the European Union

by Carlos H. Garcia Excerpt: Intellectual property rights for plants is at the center of a heated debate; the possibility that private entities may appropriate the genetic resources of biodiversity-rich countries has raised concerns over the fair benefit sharing of biological resources and the...

This Is Real Law: Expert Witness Malpractice: Making The Case For—And Against—Civil Liability

Captain Corcoran was never, never sick at sea. Well, hardly ever —as audiences familiar with Gilbert and Sullivan’s beloved 1878 comic opera H.M.S. Pinafore know so well. Indeed, they eagerly await the moment early in the opera when, challenged in song by his gallant crew, the ship’s...

In Copyright Infringement Action, U.S. Supreme Court Review Sought To Determine Damages When Profits Are Fixed, Such As In A WrestleMania Event

Anthony Dash, a musician, asserted that he was entitled to damages for copyright infringement after Floyd Mayweather, Jr. used a song written by Dash when he entered an arena during a WrestleMania XXIV event. Dash contended that he was never informed that the song, with lyrics added, was going to be...

Bankruptcy Debtor Sought U.S. Supreme Court Review After Notice Was Not Given To Its Shareholders When ‘Conan The Barbarian’ Stock Was Sold

On March 19, 2014, Stan Lee Media, Inc., a bankruptcy debtor, filed a petition for writ of certiorari in the U.S. Supreme Court. The debtor sought to protect the rights of its shareholders. It alleged that a portion of its stock that related to the copyrights and intellectual property of “Conan...

Norton Rose Fulbright Releases 10th Annual Litigation Trends Survey

U.S. companies increasingly concerned about regulatory investigations The number of US companies facing regulatory proceedings increased for the third consecutive year, according to Norton Rose Fulbright's 10th Annual Litigation Trends Survey . The upward trend is the result of a stricter...

United States Supreme Court Remands Patent Case For Review As To Whether Terms In The Patent Are Sufficiently Define Under The Patent Act

The United States Supreme Court, on June 2, 2014, handed down the opinion in the case of Nautilus Inc. v. Biosig Instruments, Inc, 13-369 . Biosig Instruments, Inc. (Biosig) held a patent for a heart rate monitor and filed a patent infringement action against Nautilus, Inc. (Nautilus) that claimed that...

Norton Rose Fulbright: Supreme Court Addresses Indefiniteness In Nautilus

Claim must ‘inform with reasonable certainty’ By Tamsen Barrett On Monday, June 2, 2014, the Supreme Court articulated its standard for indefiniteness under 35 USC §112, second paragraph and held that 35 USC §112, second paragraph requires that "a patent's claims...

Receiver Appointed To Oversee Sell-Off Of Corporation's Intellectual Property

When I wrote last week about Americana Development, Inc. v. Ebius Trading & Distributing Co. , the Business Court had entered a TRO against the Defendants prohibiting them from disposing of the intellectual property of Defendant Ebius Trading and using the proceeds to pay off debts which had been...

Norton Rose Fulbright: Don’t Tell Bloggers About NAD Wins

By Susan Ross (US) If a company sues a competitor about an advertisement that the company believes is false or misleading about the company’s product, a court victory is frequently cause for a press release, as well as announcements on social media and to bloggers. When the complaint is made...

Five Intellectual Property Considerations for Startups - Part I

A successful startup provides a solution to a market need. Typically, the solution involves a new or improved device or technique. As a startup defines and develops its solution, intellectual property (IP) becomes a core asset of the company. Indeed, after management members themselves, IP is often a...