The Trademark Act Section 10(a)(1) clearly states that an intent-to-use application cannot be assigned “except for an assignment to a successor to the business of the applicant, or portion thereof, to which the mark pertains, if that business is ongoing and existing.” In the recent Trademark Trial and Appeal Board case, Cent. Garden & Pet Co. v. Doskocil Mfg. Co., No. 91188816 (TTAB August 16, 2013), All-Glass Aquarium Co., a
The Eight Circuit affirmed the constitutionality of statutory damages for copyright infringement against the challenge that it is disproportionately excessive in Capitol Records, Inc. v. Thomas-Rasset, 692 F.3d 899 (8th Cir. 2012). In 2011, record companies sued a woman for making copyrighted music available to others for free download by using a file-sharing service. First the jury awarded the record companies $222,000 in damage. Months after the verdict, however, the district court granted a new
In Federal Trade Commission v. Watson Pharmaceuticals, Inc., No. 133 S. Ct. 787 (2012), the Supreme Court held that reverse payments in pharmaceuticals patent settlement are not categorically immune from the antitrust laws even if such payments fall within the scope of the patent. Often, reverse payments are made by a pioneer drug manufacturer to a generic drug manufacturer in settlement of a patent challenge. In exchange for the payment, the generic
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The Federal Circuit has recently articulated the position that a contractual agreement to transfer otherwise secret information will override trade secret protections that may be in place. The recent case on-point was Convolve, Inc. v. Compaq Computer Corp., No. 2012-1074, 2013 WL 3285331 (Fed. Cir. July 1, 2013), reaches back more than a decade to 1998, when MIT and Convolve sued a group of defendants for both trade secret misappropriation
Over the past few years, there has been an ongoing subject matter jurisdiction battle between state courts and federal circuit courts. This jurisdiction battle is especially prevalent in cases where a complaint asserts a non-patent cause of action with an underlying patent issue, such as disputes over intellectual property licensing or malpractice claims. In most patent cases the “arising under” analysis for the Federal Circuit jurisdiction is fairly straight forward because a
On July 22, 2013, a model order relating to the number of asserted claims and prior art references in patent litigations was released on the Federal Circuit Advisory Council’s webpage. The order required that in the first phase, plaintiffs must select 10 claims per patent, and 32 claims total, 40 days after production of “core” technical documents, while defendants are limited to 12 prior art references per patent and 40
The Supreme Court’s decision in FTC v. Phoebe Putney Health System Inc., 133 S. Ct. 1003 (2013) put a limitation on the state immunity under which local governments across the country have relied upon for decades to shield their activities from federal antitrust scrutiny. This decision will open the door to challenging numerous government transactions including the transactions consummated before the Phoebe Putney decision. Until Phoebe Putney, the Supreme Court
At no other time in history have trade secrets been so vital to the making or breaking of a company. Modern firms, from startups to multinationals, face new challenges daily, as the speed of information exchange itself accelerates to keep up with technology shifts, changing trends and competitive challenge. Yet, as swiftly as companies must exchange information to stay in the game, so may competitive advantages built on years of
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