Latest "Intellectual Property & Technology" Category Blog Posts

• Blog: Intellectual Property & Technology
  Blog: Intellectual Property Team
  Blog: Digital Assets Task Force
  Date: February 10, 2023 Title: Historic Hermès Jury Verdict Paves Way for Digital Trademark Rights
  Summary: On February 8, 2023, a Manhattan federal jury found an NFT artist liable for having infringed upon Hermès' popular Birkin brand, awarding Hermès $133,000 in total damages. This was one of the first trials involving trademark rights in the digital space of NFTs....
• Blog: Intellectual Property & Technology
  Blog: Entertainment, Media & Sports
  Blog: Securities & Corporate Finance
  Date: August 31, 2022 Title: Should NFTs Be Considered a Security?
  Summary: If you had asked the author of this post 10 years ago whether he would believe that people would pay thousands upon thousands of dollars for what is essentially a PDF, he would have said you were speaking utter nonsense. However, here we stand, in an era where you cannot go a day without hearing about the latest NFT (non-fungible token) project or the next surefire “To The Moon” cryptocurrency.  And, as is tradition, the more notoriety something gets, the more scrutiny it comes under....
• Blog: Intellectual Property & Technology
  Blog: Intellectual Property Team
  Blog: Entertainment, Media & Sports
  Blog: Digital Assets Task Force
  Date: June 07, 2022 Title: NFT-Related IP Litigation On The Rise
  Summary: Not since the Y2K days has there been more buzz over a subject, i.e., NFTs and the Metaverse. Only time will tell if this trend is an exaggeration, or if we are on a “Don’t Stop Believin’” euphoric Journey that is here to stay. ...
• Blog: Intellectual Property & Technology
  Blog: Intellectual Property Team
  Date: March 29, 2021 Title: Complaint Itself Cannot Meet Knowledge Requirement For Indirect & Willfulness Claims, Says Delaware District Court
  Summary: Judge Connolly of the Delaware District Court, which handled about 20% of all patent cases in 2020, recently ruled that a complaint for indirect infringement or enhanced damages fails to state a claim when the “defendant's alleged knowledge of the asserted patents is based solely on the content of that complaint or a prior version of the complaint filed in the same lawsuit.”...
• Blog: Intellectual Property & Technology
  Blog: Trade Secrets & Non-Compete Disputes
  Blog: Intellectual Property Team
  Date: February 03, 2021 Title: Trade Secrets Litigation Just Got More Complicated
  Summary: In January, federal courts around the country issued new security procedures intended to protect highly sensitive documents (HSDs), following a cybersecurity breach at an electronic filing system vendor. Now, HSDs must be filed in person or via mail and, once received by the court, will be stored in a secure stand-alone computer system. While the concept it straightforward, its implementation is far from simple, as the court orders vary widely and leave a lot of open questions....
• Blog: Intellectual Property & Technology
  Date: May 29, 2020 Title: Seventh Circuit Court of Appeals Recent Decision in Molson-Coors v. Anheuser-Busch Affirms Lesson: Choose Words Wisely
  Summary: In Molson-Coors Beverage Company v. Anheuser-Busch Companies, LLC, the United States Court of Appeals for the Seventh Circuit upheld the age old lesson of choosing your words wisely. The entire litigation arose out of Molson-Coors themselves listing ‘corn syrup’ as an ingredient in both their Miller Light and Coors light beers. ...
• Blog: Intellectual Property & Technology
  Date: May 11, 2020 Title: Supreme Court Holds PTAB Decisions Concerning One-Year Time Bar to File IPR Are Not Judicially Reviewable
  Summary: In Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court of the United States overturned the Court of Appeals for the Federal Circuit, holding that 35 U.S.C. §314(d) precludes judicial review of Patent Trial and Appeals Board (PTAB) application of the one-year time bar in a decision to institute an inter partes review (IPR). ...
• Blog: Intellectual Property & Technology
  Blog: COVID-19 Response Resource Center
  Date: April 29, 2020 Title: Trademark Lawsuits Used to Stop Exploitative Pricing Markup of Protective COVID-19 N95 Masks
  Summary: At a time when the world is grappling with the COVID-19 pandemic and the critical need for personal protective equipment, intellectual property owners have brought trademark infringement lawsuits to stop pandemic profiteers from price-gouging and engaging in other misleading tactics. These lawsuits demonstrate the power that intellectual property law has to protect valuable brands and stomp out outrageous conduct....
• Blog: Intellectual Property & Technology
  Date: April 22, 2020 Title: Federal Circuit Rules That a Jury Must Determine Visual Similarity Between Design Patent and Prior Art as Part of Obviousness Analysis
  Summary: The Federal Circuit issued a precedent-setting ruling that clarifies the appropriate roles of judges and juries when a design patent is challenged as obvious. In doing so, the Court strengthened designers’ rights by confirming that, in certain situations, the question of whether a design patent and the prior art are visually the same should be sent to a jury rather than determined by a judge at the summary judgment phase of litigation....
• Blog: Intellectual Property & Technology
  Date: April 20, 2020 Title: Who May Petition for Post-Grant Review Under The AIA?
  Summary: Under the America Invents Act of 2011 (AIA), any “person” other than the patent owner may challenge the patent owner’s patent(s) through post-grant review before the Patent Trial and Appeal Board. The patent statutes do not specifically define the term “person.” The presumption is that the term “person” does not include the federal government and its agencies....