Above the Fold
Advertising and marketing can pose a wealth of legal hurdles. When creating content, advertising professionals and companies often incur the scrutiny of regulatory agencies, such as the Federal Trade Commission. In this blog, our team of seasoned trademark and media attorneys address emerging trends and issues in this complex area.
Delaware Intellectual Property Litigation Blog
Delaware is an important hub of business litigation and Fox Rothschild partner Gregory B. Williams closely monitors the decisions issued by the U.S. District Court of Delaware in the areas of antitrust and intellectual property law. This blog has become a resource for industry, the legal community and academia by providing concise synopses of the significant rulings from this influential court.
IP Spotlight Blog
Intellectual property is often the lifeblood of a company. As an experienced IP and registered patent attorney, Jim Singer keeps you up-to-date with the legal and business aspects of intellectual property and other intangible assets on his IP Spotlight blog. Covering topics such as licensing, due diligence, acquisition, compliance and risk management associated with patents, trademarks, copyrights and trade secrets, IP Spotlight provides insight, commentary and tips regarding recent legislation and developments in the industry.
Recent Blog Posts
- Gregory B. Williams Selected to ‘Most Influential Black Lawyers’ List by Savoy Magazine Fox Rothschild LLP congratulates its partner, Greg Williams, for being included on the 2018 list of the “Most Influential Black Lawyers” by Savoy Magazine. This was Greg’s second time being selected to the prestigious list. Greg is a trailblazer, trial attorney and litigator at Fox Rothschild LLP with more than 23 years of experience representing clients in business, intellectual property and real estate litigation. Greg is a former President of the Delaware State Bar Association, a former President of the Barristers’... More
- Judge Andrews Denies Both Plaintiff and Defendant’s JMOL Motions and Plaintiff’s Motion for New Trial on Damages Following Jury Verdict in Infringement Action By Memorandum and Order entered by The Honorable Richard G. Andrews in AVM Technologies, LLC v. Intel Corp., Civil Action No. 15-0033-RGA-MPT (D.Del. August 14, 2018), the Court denied Defendant’s Motion for Judgment as a Matter of Law on the Issue of Invalidity, Plaintiff’s Renewed Motion for Judgment as a Matter of Law or in the Alternative a New Trial on the Issue of Infringement, and Plaintiff’s Motion for a New Trial on the Issue of Damages. In denying the... More
- The District of Delaware Adds Two New District Judges The Honorable Colm F. Connolly and The Honorable Maryellen Noreika both were sworn in as District Judges on the United States District Court for the District of Delaware this week. They became the 26th and 27th individuals in the history of the Court to be appointed as District Judges. The Court announced that Judges Connolly and Noreika will begin to be assigned new cases on August 15, 2018. The Court will be eliminating the Vacant Judgeship (“VAC”) docket. VAC cases that are currently assigned... More
- Is Non-Dairy Milk Really Milk? Soy milk. Almond milk. Coconut milk. With the increase in health-conscious shopping and non-dairy diets, these terms and others have become household names. But the Food & Drug Administration (“FDA”) recently suggested these products don’t constitute milk at all, since they do not come from animals. According to multiple sources, during the Politico Pro Summit in July, the FDA Commissioner commented that the FDA is probably not currently enforcing its “standard of identify” for milk considering the FDA defines “milk” by referencing the milking... More
- Chief Judge Stark Denies Wabtec’s Motion for Preliminary Injunction Seeking to Enjoin Alleged Infringement through Sale of Competitive Product By Memorandum entered by The Honorable Leonard P. Stark in Westinghouse Air Brake Technologies Corp. v. Siemens Industry Inc., Civil Action No. 17-1687-LPS (D.Del. August 2, 2018), the Court denied Plaintiff Westinghouse Air Brake Technologies Corporation’s (d/b/a Wabtec Corporation) Motion for Preliminary Injunction to enjoin Defendant Siemens Industry, Inc. (“Siemens”) from infringing claims 4, 6 and 24 of U.S. Patent No. 8,478,463 (“the ‘463 patent”) by selling the on-board unit component of Siemens’ positive training control (“PTC”) system, known as... More
- How Bankruptcy Effects Rights Under Trademark Licenses When a trademark owner/licensor files for bankruptcy, there is an open question as to whether the licensee of the trademark can legally continue use of the mark or whether the trademark owner/licensor can reject its obligations under the licensing agreement and effectively prohibit the licensee’s continued use of the mark. When it comes to the licensing of patents and copyrights, the question is already closed: Congress created an exception in U.S. bankruptcy law that allows licensees of such intellectual property... More
- Judge Sleet Denies Prevailing Defendant’s Motion for Attorneys’ Fees and Expenses Against the Non-Practicing Entity and Inventor of Patents-in-Suit Plaintiff By Memorandum and Order entered by The Honorable Gregory M. Sleet in Rothschild Mobile Imaging Innovations, LLC v. Mitek Systems, Inc. et al., Civil Action No. 14-617-GMS (D.Del. July 27, 2018), the Court denied defendant Mitek Systems, Inc.’s motion for attorneys’ fees and expenses pursuant to 35 U.S.C. § 285, 28 U.S.C. § 1927, and the court’s inherent power. Although the parties did not dispute and the Court recognized that Mitek is the prevailing party as required by 35 U.S.C.... More
- FTC Issues New Marketing Rules for Jewelry Industry The FTC has amended its Jewelry Guides (formally, the “Guides for the Jewelry, Precious Metals, and Pewter Industries”) which aim to help prevent deception in jewelry marketing by providing clear standards. The Jewelry Guides, like other industry guides published by the FTC, are intended to help marketers understand their responsibilities with respect to avoiding consumer deception. The Guides themselves are not binding law, but instead offer the FTC’s interpretation of how Section 5 of the FTC Act applies to certain practices... More
- Judge Fallon Denies Plaintiff’s Motion for Leave to Amend Patent Infringement Complaint By Memorandum Opinion entered by U.S. Magistrate Judge Sherry R. Fallon in Fraunhofer-Gesellschaft Zur Forderung Der Angewandten Forschung E.V. v. Sirus XM Radio Inc., Civil Action 17-184-JFB-SRF (D.Del. July 20, 2018), plaintiff Fraunhofer’s motion for leave to amend its patent infringement complaint pursuant to Federal Rule of Civil Procedure 15(a)(2) was denied. Although Fraunhofer was able to establish good cause for its failure to seek leave to amend the complaint prior to the expiration of the December 14, 2017 deadline... More
- Send a C&D, or Just Sue? When evaluating how to address what you believe constitutes infringement, false advertising, or unfair competition, the decision to send a cease and desist letter or to file a lawsuit becomes an important one. Is there a right approach in each instance? No. There are pros and cons to each and, in a typical lawyer answer, the best approach “depends.” On the one hand, sending a cease and desist letter has the potential of resolving the issue outside of court, with fewer legal fees... More
- Chief Judge Stark Transfers Petitioners’ Motion to Compel Compliance with Subpoena to Eastern District of Michigan in Lanham Act Case By Memorandum Order entered by The Honorable Leonard P. Stark in North Atlantic Operating Co., Inc. et al. v. Dunhuang Group/d/b/a DHgate et al., Civil Action No. 18-154-LPS (D.Del. July 11, 2018), the Court granted in part Petitioners North Atlantic Operating Company, Inc. and National Tobacco Company, L.P.’s Motion to Compel Non-Party Dunhung Group d/b/a DHgate, DHlink, DHport, and DHpay to Comply with Plaintiffs’ Subpoena Duces Tecum (“Motion to Compel”) to the extent it requested the Court to transfer the... More
- Shifting Law on Embedded Content We do it all the time, but is it legal? Maybe. Maybe not. Embedding content from one source, e.g., a website, into another source, e.g., another website, is not uncommon. News sites embed photographs from Instagram, twitter messages, and videos into their content. Businesses embed videos and photographs of their products into their websites. Embedding also occurs when we post a link from a website into our social media accounts. For instance, after copying and pasting a website link into a... More
- Judge Andrews Issues Markman Ruling in Infringement Action Construing Three Terms in Dispute in Asserted Claims in Patents-in-Suit By Memorandum Opinion entered by The Honorable Richard G. Andrews in Novartis Pharmaceuticals Corp. et al. v. Mylan Pharmaceuticals Inc., Civil Action No. 17-389-RGA (D.Del. June 29, 2018), the Court rendered its Markman ruling construing three (3) terms in dispute in the asserted claims of U.S. Patent Nos. 8,778,962 (“the ‘962 patent”) and 8,617,598 (“the ‘598 patent”). A copy of the Memorandum Opinion is attached.... More
- Supreme Court to Decide Copyright Circuit-Split Yesterday the United States Supreme Court announced that it was granting the petition for writ of certiorari in the copyright infringement case previously discussed on this blog here and here. The case is Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC and involves the question of when a copyright holder can properly file a copyright infringement lawsuit. Currently there is a circuit-split as to whether the term “registration” as used in the Copyright Act includes the mere filing of a registration application or whether it requires that the... More
- Loss of the Swing Vote Justice Anthony Kennedy of the United States Supreme Court announced his retirement yesterday, after having served three decades on the bench. Justice Kennedy is known for casting the swing vote in a number of major cases and has drafted opinions on a myriad of hotly-contested issues, including LGBT rights and the First Amendment. His retirement places President Trump in a position to select a conservative justice that will shift the ideological balance of the Court for years to come. How this will impact future... More