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|“Wanton or Malicious Behavior”: How will the Supreme Court Revise the Willful Patent Infringement Rules?|
Ankwei Chen; Lee Tsai Partners Attorneys-at-Law;
May 26, 2016Last October, the Supreme Court granted certiorari to a pair of cases from the Federal Circuit, Halo Electronics v. Pulse Electronics and Stryker Corporation v. Zimmer Inc. regarding the standard for determining when enhanced damages for patent infringement should be granted. Namely, the sole...
|Challenges with the Implementation of a Right to Be Forgotten in Canada|
Éloïse Gratton; Borden Ladner Gervais LLP;
May 26, 2016, previously published on April 28, 2016In May 2014, the Court of Justice of the European Union (CJEU), exercising jurisdiction over twenty-eight E.U. member states, issued a landmark decision in Google Inc. v. Agencia Española de Protección de Datos. The CJEU in this case pronounced a broad precedent: all European...
|The Federal Court of Appeal Determines the Incorrect Date to Assess Obviousness-Type Double Patenting, but Leaves the Determination of the Correct Date for Another Day|
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
May 26, 2016, previously published on April 28, 2016The Federal Court of Appeal has upheld an earlier decision (2015 FC 17) prohibiting Mylan from obtaining its Notice of Compliance until after the impugned patent expires. Mylan had alleged that Eli Lilly's patent was invalid on the basis of obviousness-type double-patenting and for lack of utility...
|Key Patent Law Decisions of 2015|
Gregory A. (Greg) Castanias, Kelsey I. Nix, Patrick J. O'Rear, Shehla Wynne; Jones Day;
May 25, 2016, previously published on April 2016Significant U.S. Supreme Court and Federal Circuit decisions in 2015 will likely affect patent law stakeholders during and beyond 2016. Several key judgments regarding administrative agencies and patent law were rendered. In particular, several issues surrounding the Patent Trial and Appeal Board...
|The Potential Impact of Brown v. Canada on Ownership of Intellectual Property by Employers|
LuAnne Morrow; Borden Ladner Gervais LLP;
May 23, 2016, previously published on May 2, 2016Most employers, especially those who are active in research and development, as a matter of practice have employees sign agreements that specify the obligations of the employee to disclose inventions to the employer and ensure that intellectual property developed by the employee is assigned to the...
|New Federal Trade Secret Law|
Jeffrey G. Sheldon; Leech Tishman;
May 20, 2016, previously published on May 3, 2016Congress has passed, and it is expected that President Obama will sign, a Federal trade secret law.
|Implementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act|
Ann G. Fort, Matt Gatewood, Peter G. Pappas, William L. Warren, Gail L. Westover; Sutherland Asbill & Brennan LLP;
May 20, 2016, previously published on May 18, 2016The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take action now.
|ITC ALJ Potentially Weakens R&D-Based Domestic Industry|
Richard (Rich) Fieman, Blaney Harper, David M. (Dave) Maiorana; Jones Day;
May 18, 2016, previously published on April 2016On April 26, 2016, International Trade Commission ("ITC") Administrative Law Judge ("ALJ") Lord issued the public version of her final initial determination ("ID") in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv....
|A First Amendment Right to Disparaging Trademarks?: U.S. Supreme Court Asked to Review Federal Circuit Decision Holding Ban on Disparaging Marks Unconstitutional|
Gregory A. (Greg) Castanias, John G. Froemming, Anna E. Raimer, Lauren L. Refinetti, Meredith M. Wilkes; Jones Day;
May 18, 2016, previously published on April 2016Is the Lanham Act's prohibition on the registration of disparaging trademarks invalid under the First Amendment? This question was presented to the U.S. Supreme Court on April 20, 2016, by the U.S. Patent and Trademark Office ("USPTO"), which filed a Petition for a Writ of Certiorari,...
|Defend Trade Secrets Act Set to Become Law|
Clifford R. Atlas, Peter R. Bulmer, Erik J. Winton; Jackson Lewis P.C.;
May 18, 2016, previously published on April 28, 2016For the first time, there will be a federal private right of action for misappropriation of trade secrets. The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly...