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GLOBAL PATENT LAWS

DLA Piper is pleased to announce the launch of Global Patent Laws. Global Patent Laws is designed to provide you with an overview of the key patent laws and dispute resolution procedures that are relevant to businesses operating in a number of countries around the world. Key procedures include: What acts infringe a patent; The availability … Continue Reading

The Supreme Court Alters the Standard for Enhanced Damages in Patent Cases

By Stan Panikowski, Brian Biggs, Andrew Stein, and Stephen Gombita Stryker Corp. v. Zimmer, Inc. Halo Electronics, Inc. v. Pulse Electronics, Inc. PATENT – Decided: Jun. 13, 2016 Issue: Whether the Federal Circuit’s two-part test for willful patent infringement, with separate objective and subjective prongs, should be rejected and replaced with a more flexible “totality of … Continue Reading

The Role of Evidence in Inter Partes Review

By Michael L. Burns IV and Erica J. Pascal (Reposted from IPT News Q1 2016) From denying a famous hedge fund manager’s IPR petitions to upholding all claims at final written decision, evidentiary issues alone have decided some PTAB trial proceedings. Even with such impressive results, evidentiary issues have not garnered much air time. In fact, the Patent Trial … Continue Reading

TOP FRANCHISE DECISIONS: TWO STANDOUTS FROM 2015

By: Barry M. Heller, John F. Verhey, John A. Hughes (Reposted from IPT News Q1 2016) Perhaps the most significant decision last year affecting franchising was not issued by a court and did not involve a franchise system. In an August 27, 2015 decision, the National Labor Relations Board (NLRB) in Browning-Ferris Industries of California, Inc. decided, in a … Continue Reading

SUPREME COURT CORNER Q1 2016

By: Stan Panikowski, Brian Biggs, Andrew N. Stein (Reposted from IPT News Q1 2016) Cases to watch in 2016 Life Technologies Corp. v. Promega Corp PATENT – Cert. PENDING Issue: Whether the Federal Circuit erred in holding that a single entity can “actively induce” itself to infringe a patent under 35 U.S.C. § 271(f)(1) and whether it erred in … Continue Reading

THE IMPACT OF ROBOTIC PROCESS AUTOMATION ON OUTSOURCING FEES

By Adam Sak The outsourcing industry is experiencing a game-changing technological advance that will challenge the status quo of transaction pricing models and fees. Service providers globally are realigning their workforce by rapidly removing expensive human resources (FTEs) and replacing them with robotic equivalents at a fraction of the cost. This adoption of Robotic Process … Continue Reading

DLA PIPER ATTENDS THE MCCA 2015 AWARDS

The Minority Corporate Counsel Association (“MCCA”) held its 2015 Diversity Gala on June 30, 2015 at the John F. Kennedy Center for the Performing Arts in Washington, DC.  The MCCA is an association committed to diversity and inclusion in the legal profession.  The annual Diversity Gala recognizes the companies, law firms, and individuals that champion diversity practices, whether in … Continue Reading

SPAIN: TV MARKET’S HEAT BEFORE THE SUMMER

By Gonzalo Santos After some turmoil last year regarding the granting of television channel licenses (which resulted in the repeal of nine of them by a decision of the Spanish Supreme Court), the Spanish Government recently issued a new call for tender for six of these licenses. Three of the television channel licenses are for … Continue Reading

SUPREME COURT CORNER

By Stan Panikowski, Andrew N. Stein, and Brian Biggs B&B Hardware, Inc. v. Hargis Industries, Inc. TRADEMARK Holding: A Trademark Trial and Appeal Board (TTAB) ruling refusing registration on likelihood of confusion grounds can have preclusive effect on a district court trademark infringement case when the elements of issue preclusion are met.… Continue Reading

ARE IPRs IMPACTING THE PHARMACEUTICAL INDUSTRY?

By Dr. Erica Pascal ­The use of inter partes review (IPR) to challenge patents has grown significantly since its initiation in September 2012. In the first four months of IPRs, the USPTO received 97 petitions. In the parallel months of 2014, 578 new petitions were filed. Not surprising: as statistics go for invalidating patents, the … Continue Reading

EU SHAPE MARKS

By Richard Taylor and Desiree Fields Since 2010, Nestlé has been seeking to register the shape of its Kit Kat chocolate bar as a trade mark.   The shape, which is barely changed since the 1930’s, comprises four “fingers” which can be snapped apart.… Continue Reading

Australian FEDERAL COURT FINDS ROTTEN CONDUCT IN COLES’ ‘FRESHLY BAKED’ CLAIMS TO THE TUNE OF $2.5 MILLION

By Melinda Upton and Matthew Evans  The Federal Court has ordered Coles Supermarkets to pay a $2.5 million AUD penalty for making false and misleading claims regarding its bakery range in contravention of section 18 of the Australian Consumer Law (ACL). Coles promoted its bread products as ‘Freshly Baked In-Store’, ‘Baked Today, Sold Today’, ‘Baked … Continue Reading

UPDATE: .SUCKS CEO SPEAKS

By James Stewart and David Kramer Following the publication of the article titled .SUCKS: A Questionable Future?, posted on April 13, 2015, the author received an unsolicited email from John Berard, CEO of Vox Populi Registry, Ltd. (“Vox”), the registry responsible for the controversial .SUCKS gTLD, responding to the article.  In an email, Berard shares … Continue Reading

A Questionable Future for .SUCKS Domain Names?

By James Stewart  In response to a veritable deluge of concerns from brand owners over the .SUCKS domain name registry’s pricing structure, the Internet Corporation for Assigned Names and Numbers (“ICANN”) sent a letter to the U.S. Federal Trade Commission (“FTC”) and Canada’s Office of Consumer Affairs (“OCA”) on Thursday, April 9, 2015.  ICANN has … Continue Reading

THE LAUNCH OF .PORN & .ADULT TLDS

By James Stewart In 2011, the Internet Corporation for Assigned Names and Numbers (“ICANN”) made waves by approving the first adult entertainment industry-specific top-level domain (“TLD”), “.XXX,” administered by the ICM Registry.  At that time, many brand owners sought to protect their trademarks from cybersquatters on the .XXX registry by obtaining .XXX domain name registrations … Continue Reading
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