News
Practice Areas
- Copyright
- Copyright Litigation
- Design Patents Practice
- Patent Litigation
- Patents
- Pharmaceutical Litigation
- Pharmaceutical Patent Services
- Pharmaceutical Practice
- Trade Secret Litigation
- Trade Secrets
- Trademark and Copyright Litigation
- Trademark and Copyright Practice
- Utility, Design, and Plant Patent Filing with the USPTO
Year End 2024 Cantor Colburn IP Newsletter
Defend Trade Secrets Act
Do trade secret damages include foreign sales?
A federal appellate court has weighed in for the first time on the question of whether the Defend Trade Secrets Act (DTSA) extends to conduct outside of the United States — thereby opening the door to damages for foreign sales. In Motorola Solutions, Inc. v. Hytera Communication Corp. Ltd., the U.S. Court of Appeals for the Seventh Circuit ruled that the plaintiff may recover all of the defendant’s profits from global sales of products incorporating the plaintiff’s trade secrets. This article looks at the effect of the DTSA on an owner’s claim for damages, while a short sidebar covers why the court declined to similarly extend the Copyright Act.
Motorola Solutions, Inc. v. Hytera Communication Corp. Ltd., Nos. 22-2370, -2418 (7th Cir. July 2, 2024).
When a “skinny label” results in induced patent infringement
A ruling from the “Skinny labels” for generic drugs are intended to help the manufacturers avoid patent infringement liability by describing only nonpatented uses. But a generic manufacturer learned the hard way that a skinny label doesn’t ensure immunity when it comes to liability for induced infringement. This article explains why clarity and consistency in manufacturers’ communications about a skinny label drug may be essential to avoid liability for induced infringement.
Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., No. 23-1169 (Fed. Cir. June 25, 2024).
Back to the drawing board
Federal Circuit establishes new design patent test
The U.S. Court of Appeals for the Federal Circuit, which hears all patent-related appeals, has overruled the long-standing test for whether a design patent is obvious. In its place, the court adopted a more flexible test that could make it more difficult to obtain design patent protection. This article explains the new test.
LKQ Corp. v. GM Global Tech. Operations LLC, No. 21-2348 (Fed. Cir. May 21, 2024).
Political ad’s meme isn’t permissible fair use of copyrighted image
Online memes, which began largely as funny images circulated widely online with various jokes attached, are nothing new, and they’re now the target of litigation. This article highlights a recent ruling shedding light on how copyright law intersects with the world of memes.
Griner v. King for Congress, Nos. 22-3623 (8th Cir. June 7, 2024).
