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Appellate deference: Reinforcing limits on reweighing evidence
3+ day, 11+ hour ago (23+ words) The Federal Circuit highlighted that under Fed. R. Evid. 703, expert testimony is sufficient even when supported only by inadmissible or unadmitted evidence....
Fifth Circuit affirms disgorgement based on willful infringement
3+ day, 11+ hour ago (21+ words) Applying the Lanham Act's equitable framework, the Fifth Circuit found no abuse of discretion in awarding disgorgement as a deterrent....
USPTO Director IPR institution discretion survives APA challenge
2+ mon, 3+ week ago (406+ words) Amol Parikh concentrates his practice on intellectual property litigation, counseling and procurement. He draws on his trial and litigation experience in combination with his engineering training to quickly identify intellectual property issues and develop creative strategies to address them. Amol's…...
Provider's degree of control affects DMCA safe harbor
2+ mon, 3+ week ago (366+ words) The Second Circuit remanded with instructions to assess whether the accused infringer can claim protection under a DMCA safe harbor. Provider's degree of control affects DMCA safe harbor The Second Circuit agreed that Mc Gucken failed to raise a triable…...
Federal Circuit affirms antitrust verdict in patent case
2+ mon, 3+ week ago (466+ words) Kassandra Di Pietro focuses her practice on antitrust and competition matters, with experience handling merger investigations and enforcement actions. She joined Mc Dermott Will & Schulte from the Mergers II division of the Federal Trade Commission (FTC), where she participated in…...
Attorney-client relationship owed to both joint IP owners
3+ mon, 5+ day ago (613+ words) The First Circuit held that an attorney-client relationship existed as a matter of law between a joint IP owner and patent counsel hired by the other joint owner. Attorney-client relationship owed to both joint IP owners Addressing attorney-client relationship formation…...
Lanham Act permits claims against gov officials in personal capacity
3+ mon, 3+ week ago (503+ words) Addressing trademark law and sovereign immunity, the First Circuit partially revived Lanham Act claims against Puerto Rican officials. Baseball was very good to Roberto: Lanham Act permits claims against government officials in personal capacity In a decision addressing the intersection…...
You can't hypothetically fair use your way into federal court
3+ mon, 3+ week ago (408+ words) The Sixth Circuit held that the hypothetical presence of a federal fair use defense was insufficient to confer federal jurisdiction. Federal question? You can't hypothetically fair use your way into federal court Addressing the limits of federal jurisdiction, the US…...
DMCA safe harbor is deep: Plaintiffs need to get specific
3+ mon, 3+ week ago (109+ words) The Eleventh Circuit joined 2 appellate courts in requiring knowledge of specific infringing material to defeat DMCA safe-harbor protection. DMCA safe harbor is deep: Plaintiffs need to get specific The Court rejected Athos" argument that You Tube"s ability to recommend…...
Expert's firm grip on Rule 702
3+ mon, 3+ week ago (699+ words) Jodi Benassi focuses her practice on litigation and investigations. Jodi has experience in federal court district actions in California, Texas, Florida and Michigan and actions before the US Trademark Trial and Appeal Board (TTAB) of the US Patent and Trademark…...
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