INTELLECTUAL PROPERTY
A selection of current Intellectual Property articles: march-in rights and COVID-19 vaccine production; trade secret litigation in federal court; a look at utility model patents; and recent cases regarding patent assignment.
October 04, 2021 at 10:15 AM
2 minute read
**Access the DIGITAL EDITION here.
Compulsory Licensing and March-in Rights in COVID-19 Vaccine Production March-in rights are a measure intended to protect against nonuse or unreasonable use of federally funded inventions. The federal agency under whose funding agreement the subject invention was made has the right to require the granting of a license to a responsible applicant. By Keith McWha
U.S. Supreme Court Limits Scope of Employee-Employer Liability Under the CFAA The Supreme Court's recent decision in 'Van Buren v. United States,' resolved a circuit split regarding the scope of liability under the Computer Fraud and Abuse Act for the access and use of sensitive company information. Although the decision concerned the CFAA, it will have broad implications for trade secret litigation in federal court. By Jean E. Dassie
Let's Not Forget Utility Model Patents Utility model patents are a little-known and seldom-used tool that is perfect for extending intellectual property protection abroad. With low cost, a fast grant and reduced inventiveness requirement, they can often fill the void between product release and grant of invention patents. But be aware that there are many local nuances. By Keith Taboada and Candy KY Chen
The Shifting Landscape of Patent Assignments Within the last year, there have been several cases impacting assignment rights that practitioners need to be aware of. In light of these cases, parties to a patent transaction should carefully negotiate terms addressing potential subsequent validity challenges by an assignor. By James J. DeCarlo and Jordan Lewis
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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