Technology & Intellectual Property Update

Does the arbitration provision in your contract expressly provide for expedited discovery and emergency relief? If not, you may find yourself in arbitration versus judicial forum limbo if your case demands such actions to protect your company’s rights. Emergency relief may include relief such as motions for temporary restraining orders, […]

TTAB Decisions Have No Preclusive Effect In Federal Courts B&B Hardware, Inc. v. Hargis Indus. Inc., No. 10-3137, 3013 U.S. App. Lexis 8296 (8th Cir. E. D. Ark. May 1, 2013). This Eighth Circuit decision involved a longstanding legal battle between Hargis and B&B Hardware over a trademark for the […]

The political world is taking aim at entities whose business model is to generate licensing and settlement revenue by threatening companies with frivolous patent infringement lawsuits. Such entities are formally referred to as “patent assertion entities” (PAEs) but more commonly known as “patent trolls.”   PAEs tend to assert claims […]

In a landmark ruling earlier this year, the Supreme Court held that the first sale doctrine, which allows for legally acquired copyrighted works to be resold by their owners, applies to all works, regardless of whether they are manufactured domestically or abroad. The ruling comes from the case of Kirtsaeng […]

In Cariou v. Prince, 11-1197- cv (2d Cir. April 25, 2013), the Second Circuit reversed in part and remanded in part a district court’s determination that artist Richard Prince infringed photographer Patrick Cariou’s copyrights when he used copies of Cariou’s photographs in a series of collages. The Second Circuit held […]