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Fish & Richardson PC

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Using a DMCA takedown notice to assert a trademark claim may lead to section 512(f) liability

USA - March 26 2014 In 2011, Jenni Alvies launched a blog at "crossfitmamas.blogspot.com" and created a "CrossFit Mamas" Facebook page, where she posted exercise

What Happens in the ITC Stays in the ITC - Except for Related District Court Cases

USA - September 11 2017 The ITC has always viewed its ability to gather and protect confidential business information as crucial to its ability to perform its mission. See

Minnesota Patent Litigation Wrap-Up - August 2017

USA - September 5 2017 This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of substantive orders issued in

Delaware Court of Chancery enforces non-compete agreement that it “blue pencils”

USA - January 30 2014 Delaware Courts, unlike many jurisdictions (such as California), honor non-compete agreements. However, Delaware Courts will find non-competes that

So you think that your arbitration is confidential . . . . Better think again

USA - April 18 2014 In pre-suit consultations with clients concerning arbitration, time and again I have found that clients take as a given that an arbitration will be

Distillations: Trapped

USA - September 15 2017 A recently-filed trademark infringement case out of California offers something of a cautionary tale on one of the oldest maxims of law and business:

Patent Litigation in E.D. Texas: When is a claim term indefinite?

USA - September 13 2017 In the years since the Supreme Court's decision in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13369, when has the District Court for the Eastern

What Happens in the ITC Stays in the ITC - Except for Related District Court Cases

USA - September 11 2017 The ITC has always viewed its ability to gather and protect confidential business information as crucial to its ability to perform its mission. See

Mayo at Five: Eligibility of Diagnostic Method Claims

USA - September 5 2017 Just over five years ago, the Supreme Court began reshaping the concept of patent-eligible subject matter in the life sciences with its decision in

Inadequacy of PTAB’s Procedures for Reviewing Late-Submitted Evidence Leads to Vacatur

USA - September 5 2017 Fed Cir vacates IPR determination of obviousnessanticipation. The PTAB abused its discretion by denying Ultratec’s request to supplement the record