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Fox Rothschild LLP | USA | 18 Feb 2013

Amendment to add new defendants denied after close of fact discovery: DNJ

A plaintiff's request to add 12 new defendants to a patent infringement action after the close of fact discovery would cause undue delay, is


Fox Rothschild LLP | USA | 15 Feb 2013

Assertion of trademark infringement not actionable under Lanham Act: EDNY

The assertion of allegedly invalid or abandoned trademark rights does not create a cause of action for unfair competition under section 43(a) of the


Fox Rothschild LLP | USA | 28 Jan 2013

FTC reports rise in "pay-for-delay" settlements

On January 17, 2013, the FTC reported a record number of pay-for-delay settlements in 2012, increasing to 40 from 28 in 2011. The agreements covered


Fox Rothschild LLP | USA | 21 Jan 2013

TTAB affirms refusal of Lululemon's wave design on outerwear

Consistent use of trademarks is key. Brand modifications should be undertaken in conjunction with consultation of trademark counsel to ensure that


Fox Rothschild LLP | USA | 17 Jan 2013

Attorney advice on how to respond to third-party inquiries is privileged: DNJ

Corporations can assert privilege over advice of counsel on how to respond to third-party inquiries, particularly where the response is reasonably


Fox Rothschild LLP | USA | 8 Jan 2013

Copyright infringement claim requires ownership of registration certificate

In view of a split of authority on standing to bring a copyright infringement claim, the District of New Jersey held on January 4, 2013, that


Fox Rothschild LLP | USA | 21 Nov 2012

DNJ: attorney fees not warranted despite Federal Circuit's prior warning that asserted patent may be obvious

The District of New Jersey denied defendants' motion for attorneys fees after judgment of invalidity in their favor and despite the Federal Circuit's indication in a prior litigation that the asserted patent may be obvious, in Teva Women's Health, Inc.


Fox Rothschild LLP | USA | 20 Sep 2012

Judge Griesa overturns jury verdict for second time

After a second jury trial for patent infringement, Judge Griesa of the Southern District of New York granted defendant's motion for judgment as a matter of law as to non-infringement of the two patents in suit, in Hypoxico, Inc. v. Colorado Altitude Training LLC, No. 02-CV-6191, slip op. (S.D.N.Y. Aug. 28, 2012).


Fox Rothschild LLP | USA | 14 Sep 2012

No right to jury trial for sole issue of patent validity: SDNY

Claims for declaratory judgment concerning validity of a patent do not entitled the parties to the Seventh Amendment right for a trial by jury, the Southern District of New York held in Abbot Labs. v. Mathilda & Terence Kennedy Institute of Rheumatology Trust.


Fox Rothschild LLP | USA | 11 Sep 2012

Motion to compel noninfringementinvalidity contentions premature where discovery outstanding from both parties

Magistrate Judge Lindsay of the Eastern District of New York denied as premature plaintiff's motion to compel defendant's response to contention interrogatories concerning invalidity and noninfringement defenses where plaintiff had not yet repsonded to all of defedant's discovery demands and substantial discovery remained to be exchanged between the parties, in Carson Optical, Inc. v. Prym Consumer USA, Inc.

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