The National Law Forum

The Blog of the The National Law Review

Tag Archives: IP Law

Recent NLRB Memo Identifies “Hot Topic” Cases for 2012

Recently an article appeared in the National Law Review by Peter T. Tschanz of Barnes & Thornburg LLP regarding Hot Topic cases:   The NLRB recently circulated a memorandum asking all Regional Directors, Officers-in-Charge and Residential Officers to begin tracking what the Agency has defined as “Hot Topic” Cases.  The categories include: – Cessation of Dues Check-Off; – Information …

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Surprise! You Just Starred In Our Movie

Recently posted in the National Law Review an article by Matthew J. Kreutzer of Armstrong Teasdale regarding a lawsuit by actor Jesse Eisenberg’s small role in a movie although the DVD cover has his face prominently featured: One of my all-time favorite comedies is the movie Bowfinger, in which a down-and-out movie producer named Bobby Bowfinger (played by Steve Martin) …

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Intervening Rights Can Apply to an Original Claim Based on Arguments Made During Reexamination

Recently posted in the National Law Review an article by Cynthia Chen, Ph.D. of McDermott Will & Emery  regarding the U.S. Court of Appeals for the Federal Circuit’s decision to grant injunction and reasonable royalty damages for patent infringement:   In reversing and vacating a district court’s decision to grant injunction and reasonable royalty damages for patent infringement, the U.S. Court of Appeals for the …

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Protecting Your Brand in the New .XXX Top-Level Domain

Recently posted in the National Law Review an article written by atttorneys  Lee J. Eulgen, Antony J. McShane and Katherine Dennis Nye of Neal, Gerber & Eisenberg LLP regarding  ICANN’s established procedures for the use of .XXX as a new top-level domain :   The Internet Corporation for Assigned Names and Numbers (ICANN) recently established procedures for the use of .XXX as a new top-level …

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The U.S. Has a New Patent Law

Posted in the National Law Review on October 27, 2011 an article regarding the Patent Reform Act of 2011 by Taylor P. Evans of Andrews Kurth LLP: President Obama signed the Patent Reform Act of 2011 into law on September 16, 2011. Below is a summary of selected provisions of the Act. First to File Effective March 2013, the U.S. patent …

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The Top Five Intellectual Property Traps in M&A Transactions

Recently posted in the National Law Review an article by Carey C. Jordan of McDermott Will & Emery  regarding intellectual rights in M&A transactions:     In M&A transactions, many lawyers assume that intellectual property (IP) rights will automatically transfer with the purchase and that IP issues can be cured by general representations and warranties. While getting strong representations …

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Fifty Ways To Leave Your Lover And Nine Ways To Attack Patents

Recently posted in the National Law Review an article by Warren Woessner of Schwegman, Lundberg & Woessner, P.A. about the Patent Reform Bill, H.R. 1249: As a “quick guide” to the Patent Reform Bill, H.R. 1249, that will soon become law, these are the sections of the Act and of the present statute that will all be, or remain effective, upon enactment, to facilitate blocking the issuance …

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Block Your Valuable Brand from .XXX

XXX Sunrise Period for Non-Adult Industry Trademark Owners to Begin the 7th of September The launch of the new top level domain .XXX is drawing near at which time .XXX domain names will be available for registration with the ICM Registry through accredited registrars. The introduction of .XXX is pertinent not only to the individuals, businesses …

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Italian Competition Authority Finds Abusive Conduct in Withholding Data and Internal Communications Praising Company Strategy

Posted on August 25th in the National Law Review an article by Veronica Pinotti and Martino Sforza of McDermott Will & Emery which highlights the dangers faced by a dominant market player that owns intellectual property rights or data that are essential for other companies to compete.  On 5 July 2011, the Italian Competition Authority imposed fines of €5.1 million on a multinational …

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Hitting Non-Practicin Entities Where It Hurts

Recently posted in the National Law Review an article by Robert A. Gutkin and Jeff C. Dodd of Andrews Kurth LLP about the Federal Circuit affirmed a district court award of substantial sanctions against a Non-Practicing Entity (NPE) that had a business model of suing numerous companies for nuisance value settlements.      The Federal Circuit Affirms an Award of Substantial Sanctions …

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