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Documents on Intellectual Property
 

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HTMLDefendant and Others Found to Have Shown Cause as to Why They Should Not Be Held in Contempt of Court
Jillian Brenner, Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
February 22, 2017, previously published on January 25, 2017
This decision considered whether the Defendant, its President, its Vice-present (referred to collectively as the "Two Individuals") and a corporate third party should be held in contempt of court for allegedly breaching a Default Judgment. The Default Judgment stated that the Defendant...

 

HTMLBrexit, European Patents and the Unified European Patent
Adrian C. O'Donnell; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
Legal Alert/Article
February 21, 2017, previously published on January 11, 2017
Whilst a lot of hot air has been expelled over “Brexit” and its potential impacts on the UK and the European Union the question of how it impacts intellectual property (IP) rights has for most slid under the radar. For you as an IP holder the picture is now more complicated than it was...

 

HTMLNew York State Revises “First-In-Nation” Cybersecurity Rules
Joseph Facciponti, John T. Moehringer, Howard Wizenfeld; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
February 20, 2017, previously published on January 10, 2017
The New York Department of Financial Services (“DFS”) recently issued a revised version of the cybersecurity rules1 that it first announced in the fall of last year. The rules apply to a wide range of insurance, banking, and financial services companies under the DFS’s supervision...

 

HTML2nd Circ.'s Latest Guidance On 'Transformative' Fair Use
Jordan D. Grotzinger, Rebekah S. Guyon; Greenberg Traurig, LLP;
Legal Alert/Article
February 20, 2017, previously published on 'January 25, 2017
In TCA Television Corp. v. McCollum, 839 F.3d 168 (2d Cir. 2016), the Second Circuit provided guidance regarding how courts should analyze “transformativeness” under the fair use doctrine. The court held that a near-verbatim recitation of Abbott and Costello’s comedy routine...

 

HTMLIntellectual Property Rights for Small Business
The Posey Law Firm P.C.;
Legal Alert/Article
February 17, 2017, previously published by hg.org on Winter 2017
Protecting intellectual property is a critical early step in establishing a new business. The process can be complex, but the ability of a business to establish a brand and grow by steps depends on having exclusive use of intellectual property.

 

HTMLWhy Employers Need a Social Media Policy
Jeffrey Silence, Maria Crimi Speth; Jaburg Wilk;
Legal Alert/Article
February 17, 2017, previously published on February 8, 2017
Although social media is great for developing business, expanding a brand or building a network, it is not without pitfalls. There are an increasing number of cases where an employee’s use of social media has created problems for the employer. The best practice is to maintain a well-written...

 

HTMLIn-House Counsel: It's Time to Connect With 3D Printing
Chinh H. Pham; Greenberg Traurig, LLP;
Legal Alert/Article
February 8, 2017, previously published on January 3, 2017
If you are an in-house legal practitioner and have not yet connected with 3D printing technology, now is the time. It offers significant business opportunities, though not without legal risk-particularly in the area of intellectual property law. This article will address some of the notable...

 

HTMLAmgen Inc. v. Sandoz Inc. Expected to Clarify BPCIA Obligations
Scott J. Bornstein, Cort W. Welch; Greenberg Traurig, LLP;
Legal Alert/Article
February 6, 2017, previously published on January 17, 2017
The Biologics Price Competition and Innovation Act of 2009 (BPCIA) established an abbreviated approval process for biosimilar applications, but that process forces drug makers to navigate uncertain obligations for an applicant’s disclosure of its application and notice of commercial...

 

Adobe PDFSeize the Day, or at Least the Trade Secrets: Protecting Trade Secrets Against Cyber Theft Using the New Jersey Trade Secret Act and the Defend Trade Secrets Act
John A. Stone; DeCotiis, FitzPatrick & Cole, LLP;
Legal Alert/Article
February 3, 2017, previously published on December 2016
In the early 1700s, for example, Pére d'Entrecalles, a French Jesuit missionary, reportedly stole "secret techniques for manufacturing ceramic" materials, and in the 1800s the "London-based East India Co. hired Scottish botanist and adventurer Robert Fortune to smuggle"...

 

HTMLSuccessful Defendant Awarded Costs Elevated by 50% for Most Issues and on Solicitor-and-Client Basis for Withdrawn Punitive Damages Claim
Jillian Brenner, Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
January 30, 2017, previously published on January 18, 2017
In this infringement action, the Court held the patent at issue valid and not infringed. The Court noted that there were unusual developments over the course of this litigation, which had the effect of morphing this patent infringement matter to one of allocation of costs. As a result, the Court...

 


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