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|UPDATE: Federal Defend Trade Secrets Act Clears the House, Passage into Law Expected|
Ann G. Fort, Matt Gatewood, Peter G. Pappas, William L. Warren, Gail L. Westover; Sutherland Asbill & Brennan LLP;
April 28, 2016, previously published on April 28, 2016As expected, overwhelming support for the Defend Trade Secrets Act of 2016 led to its passage in the U.S. House of Representatives yesterday by a 410-2 vote. During the floor debate, one Congressman noted that “Congress has the responsibility to give industries the tools they need to protect...
|WP29: Thumbs Down to Draft EU-US Privacy Shield|
Françoise Gilbert; Greenberg Traurig, LLP;
April 28, 2016, previously published on April 14, 2016In a 58-page opinion published April 13, 2016, the influential European Union Article 29 Working Party (WP29), which includes representatives of the data protection authorities of the 28 EU Member States, expressed significant concerns with respect to the terms of the proposed EU-US Privacy Shield...
|Patent Agent Privilege Confirmed by Federal Circuit|
Ernest V. Linek; Banner & Witcoff, Ltd.;
April 26, 2016, previously published on March 8, 2016Yesterday, in a 2-1 mandamus decision in the case In re Queens University, the Federal Circuit ordered the district court to withdraw its order compelling discovery of communications with non-attorney patent agents. The decision here recognizes “patent agent privilege:”
|Renewed European Trademark Regulation Entered Into Effect|
Radboud Ribbert; Greenberg Traurig, LLP;
April 26, 2016, previously published on April 11, 2016In December 2015 the European Parliament approved the proposal of the European Commission to introduce a ‘Trademark Reform Package’ (Reform Package). This Reform Package aims to make European Trademark law more efficient, user friendly, and lower in cost. The Reform Package contains a...
|Federal Circuit Panel Not Sweet on TC Heartland’s Petition to Change Rules for Patent Venue|
R. Gregory Israelsen; Banner & Witcoff, Ltd.;
April 26, 2016, previously published on March 14, 2016“Boy, doesn’t this feel like something a legislature should do?” So said Judge Moore on March 11 in the oral argument on the pending petition for a writ of mandamus in In re TC Heartland LLC.i Judges Wallach and Linn rounded out the Federal Circuit panel hearing the case, which as...
|Finally, the PTAB Gets Told to Give Patent Owners in IPR Some Due Process|
Charles W. Shifley; Banner & Witcoff, Ltd.;
April 26, 2016, previously published on March 17, 2016As short a time period as inter partes reviews have existed, since they first started in 2012, patent owners have learned that they are often unlikely to get due process in IPRs from the Patent Trial and Appeal Board.
|PTAB Denies Lupin’s IPR in Win for Pozen - Claimed Tablet That Provided Coordinated Drug Release Not Suggested by Prior Art, Which Had a Preferred Formulation That Provided the Reverse Release|
Robert H. Resis; Banner & Witcoff, Ltd.;
April 26, 2016, previously published on March 9, 2016The Patent Trial and Appeal Board recently denied institution of a Lupin inter partes review against a Pozen patent covering VIMOVO® (naproxen/esomeprazole magnesium delayed-release tablets, commercially sold by Horizon Pharma plc).
|Is the .Insurance Top Level Domain Part of Your Company Web Strategy?|
LuAnne Morrow; Borden Ladner Gervais LLP;
April 26, 2016, previously published on April 8, 2016In February 2015 the Internet Corporation for Assigned Names and Numbers (ICANN), the organization charged with the technical administration of the Internet, granted fTLD Registry Services, LLC the right to operate .INSURANCE as a top level domain (TLD). fTLD was formed by a coalition of banks,...
|The Skinny On Ties|
Alan Behr; Phillips Nizer LLP;
April 25, 2016, previously published on April 12, 2016We have commented here before that the necktie is the surviving element of the male wardrobe that is purely decorative. If it is true that form follows function, there is no prescribed form for an accessory that, by definition, is completely without function. For that reason, you can make it a...
|Trademark Owners Benefit from New Civil Procedure Rules|
DR. HELEN G. PAPACONSTANTINOU AND PARTNERS Law Firm;
April 25, 2016, previously published by “This article first appeared
in WTR Daily, part of World Trademark Review, in February 16,
2016. For further information, please go to www.worldtrademarkreview.com.” on February 5, 2016The new Civil Procedure Rules have significantly expedited trademark infringement proceedings by setting stricter, more clearly defined timeframes; reducing the number of cases in which witnesses are heard in court; and restricting the opportunity to obtain postponements without genuinely good...