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Searching Content indexed under Antitrust, EU Competition by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP ordered by Published Date Descending.
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Transfer Of Trademark Ownership Was Not Undone By A Subsequent Agreement Concerning Patents And Know-How
The Third Circuit found language of a first agreement was unambiguous in transferring ownership of a trademark, and that a subsequent agreement relating to patents and know-how provided no basis for revoking or affecting...
United States
11 Jul 2019
2
Smarmy Behavior Not Enough For Walker Process Fraud
Decision: Xitronix Corp. v. KLA-Tencor Corp., No. A-14-CA-01113-SS, 2016 WL 7626575 (W.D. Tex. Aug. 26, 2016), aff'd Rule 36, No. 16-2746 (Fed. Cir. May 23, 2019)
United States
17 Jun 2019
3
State Of Sandoz
On 12 June 2017, the SCOTUS held that the aBLA information exchange provision of the BPCIA was not enforceable by injunction, and that biosimilar applicants can provide notice of commercial marketing..
United States
24 Oct 2017
4
District Court Rules That Startup Can Use Web Scrapers To Collect Information From Public LinkedIn Profiles, Despite Protests For LinkedIn
On August 14, 2017, on a motion for preliminary injunction, the District Court for the Northern District of California held that LinkedIn, a social network owned by Microsoft, Inc., could not continue to block hiQ...
United States
7 Sep 2017
5
Hatch-Waxman Infringement Claims And FDA Citizen Petition May Violate Antitrust Laws
Tyco Healthcare Group LP and Mallinckrodt, Inc. own several patents directed to temazepam (brand name Restoril), a drug used to treat insomnia.
United States
9 Oct 2014
6
Refusal To Approve Competitor’s Resin For Use In 3D Printers Does Not Amount To Antitrust Violation
The Federal Circuit affirmed the grant of SJ against three categories of claims brought by plaintiff-appellant DSM Desotech against defendants-appellees 3D Systems.
United States
23 May 2014
7
Claim Construction Is Not an Essential Element of a Patent Infringement Complaint
A commentary on a recent case, where the the Federal Circuit reversed the dismissal of Roger J. Hall and RJ Hall & Associates' claims for patent infringement, Lanham Act unfair competition, and New York unfair competition and misappropriation against Bed Bath & Beyond, Inc., Bed Bath & Beyond Procurement Co. Inc., and Farley S. Nachemin, and West Point Home, Inc.
United States
1 Mar 2013
8
Standing Under California’s Unfair Competition Laws Only Requires An Allegation Of An Injury In Fact That Was Caused By Defendants’ Unfair Competition
In Allergan, Inc. v. Athena Cosmetics, Inc., No. 10-1394 (Fed. Cir. May 24, 2011), the Federal Circuit reversed the district court’s finding that Allergan, Inc. ("Allergan") lacked standing to bring suit against Athena Cosmetics, Inc. and its numerous codefendants (collectively "Defendants") under California Business & Professions Code ("UCL") §§ 17200 et seq.—the statute’s unfair competition provisions.
United States
6 Jul 2011
9
Incontestable Newsletter - June 2009
Plaintiff alleged that its direct competitor contacted members of plaintiff's alliance of accounting firms and used plantiff's name in connection with marketing efforts targeted to member firms.
United States
 
5 Jul 2009
10
Hatch-Waxman Reverse Payment Settlement Is Lawful Under Antitrust Laws Since Anticompetitive Effects Were Within The Exclusionary Zone Of The Patent
In In re Ciprofl oxacin Hydrochloride Antitrust Litigation, No. 08-1097 (Fed. Cir. Oct. 15, 2008), the Federal Circuit affirmed the district court's grant of SJ, holding that reverse payment settlement agreements were not in violation of section 1 of the Sherman Act.
United States
22 Jan 2009
11
Trends in Compulsory Licenses in Greater China
Greater China, including mainland China and Taiwan, has long been eyed for its opportunities to reach an almost untouched billion person consumer base. Not surprisingly, a number of U.S. and multinational companies have entered the Greater China market.
United States
7 Dec 2006
12
Do Japanese Products Sold in The United States Infringe a US Patent Under ´Festo´?-A Tokyo District Court Decides
In October 2003, the Tokyo District Court decided whether Japanese products sold in the United States infringe a US patent under the Festo Rules and declared that the patentee does not have the right to an injunction based on the US patent.
United States
 
23 Sep 2004
13
Absolutely Fair? U.S. Supreme Court Agrees to Hear Fair-Use Case
On January 9, 2004, the Supreme Court of the United States granted a Petition for Writ of Certiorari in the case of KP Permanent Make-Up, Inc. v. Lasting Impression, Inc.
United States
13 Aug 2004
14
Why Patent Interference Proceedings Are Worth It
U.S. patent law is unique in recognizing the inventive activity of individuals as significant in deciding who is entitled to patent rights on an invention.
United States
10 Aug 2004
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