Trading Secrets

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. Dissenting Statement at 7 (internal punctuation omitted).).

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Contracts Law Government Reporting 52

LexBlog IP

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. Dissenting Statement at 7 (internal punctuation omitted).).

Contracts 52

Contracts Law Government Reporting 52

Trading Secrets

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. Dissenting Statement at 7 (internal punctuation omitted).).

Contracts 52

Contracts Law Government Reporting 52

LexBlog IP

APRIL 18, 2023

In a recent precedential decision , the Federal Circuit shot down arguments from appellants Phillip Morris Products S.A., and Altria Client Services LLC (Phillip Morris) that challenged the ban on its imported electronic cigarettes handed down from the International Trade Commission (ITC). Phillip Morris USA, Inc.

Designs 52

Designs Design Art Patent 52

LexBlog IP

DECEMBER 19, 2023

In October 2023, the International Trade Commission (the “ITC”) ruled that the blood oxygen monitoring features in these devices infringed a patent from Masimo, a medical device company. The answer highlights some of the pros and cons of using the ITC to enforce patents over federal district courts. 337-TA-1266).

Litigation 52

Litigation Patent Intellectual Property Patent Infringement 52

LexBlog IP

OCTOBER 25, 2021

And after this one, I promise to make them far less about me and far more about what’s going on at the Federal Trade Commission (FTC), and occasionally other consumer protection and privacy enforcement agencies. There is far more interest in the agency than I have seen in quite some time.

Blogging 52

Blogging Privacy Advertising Advertising 52

LexBlog IP

DECEMBER 7, 2021

Kudos to Commissioner Noah Phillips and Commissioner Christine Wilson for creating and/or popularizing the catchiest Federal Trade Commission (FTC or Commission) phrase of 2021 – zombie votes. So lots of articles were written about this seemingly unprecedented number of last-day votes.

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Reporting Marketing Marketing Law 52

Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen. HowToUseGuidance.pdf. BadGuidance ).

Journalism 54

Journalism Trademark Patent Patent Law 54

IP Tech Blog

JANUARY 10, 2022

International Trade Commission (ITC) saw a flurry of new complaints filed in the second half of 2020, particularly in November and December. The ITC is a federal administrative agency in Washington, DC with broad powers under 19 U.S.C. Section 337 Investigations at the ITC. In comparison to litigating in U.S.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

LexBlog IP

DECEMBER 1, 2021

I was a former FTCer for many years, and one issue we would face every few years was how to objectively measure the success (or failure) of a law enforcement agency. For many years, the key measure for the Federal Trade Commission’s (FTC) Bureau of Consumer Protection was how many orders were entered each year.

Blogging 52

Blogging Settlement Law Litigation 52

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021. Several cases were concluded without judgment. disputes between domain names and trademarks).

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Blogging IP Non-Fungible Tokens Cease and Desist 126

LexBlog IP

JANUARY 10, 2022

International Trade Commission (ITC) saw a flurry of new complaints filed in the second half of 2020, particularly in November and December. The ITC is a federal administrative agency in Washington, DC with broad powers under 19 U.S.C. § Section 337 Investigations at the ITC. In comparison to litigating in U.S.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

LexBlog IP

SEPTEMBER 16, 2022

After a surprise three-month hiatus, we are back in business with our Federal Trade Commission (FTC or Commission) public and totally unscripted meetings. This also was the first Commission meeting since Commissioner Noah Phillips announced that he would be leaving the agency at an unspecified time in the fall.

Designs 52

Designs Design Reporting Business 52

LexBlog IP

SEPTEMBER 6, 2022

Because I’m someone who is inherently suspicious, my antennae perked up the other Friday when the Federal Trade Commission (FTC) released its annual strategic planning documents. In short, these documents relate to the complicated and challenging issue of measuring an agency’s success or lack thereof.

Reporting 52

Reporting Marketing Marketing Business 52

LexBlog IP

FEBRUARY 10, 2022

One of the post- AMG predictions about Federal Trade Commission (FTC or Commission) law enforcement is that we will see more administrative litigation. Fleetcor is a case that was originally filed in federal court in 2019 but was then brought administratively post- AMG.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 52

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. In the accompanying PatentlyO Bar Journal article, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter? Articles: Nicholas Shine, Covid-19 Pandemic’s Impact on the U.S. Below they summarize their findings. 2021 Patently-O Patent Law Journal 34.

Art 125

Art Journalism Patent Law Invention 125

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 8, 2022

The Commission issued five final determinations this month. In the 1191, 1204, 1213, 1216, and 1218 investigations, the Commission found that the respondents violated section 337. The Commission also instituted nine new investigations in January 2022. See Certain Tobacco Heating Articles & Components Thereof , Inv.

Cease and Desist 52

Cease and Desist Patent Patent Infringement Marketing 52

LexBlog IP

APRIL 4, 2022

The other day, we noticed an article announcing that legendary direct marketer Joe Sugarman had passed away. But a trip down advertising memory lane unfortunately often leads us into the Federal Trade Commission (FTC) danger zone. ” And the infomercials and other advertising were quite entertaining.

Advertising 52

Advertising Advertising Social Media Reporting 52

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. In the accompanying PatentlyO Bar Journal article, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter? Articles: Nicholas Shine, Covid-19 Pandemic’s Impact on the U.S. Below they summarize their findings. 2021 Patently-O Patent Law Journal 34.

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Journalism Art Patent Law Invention 104

LexBlog IP

JULY 14, 2023

The regulatory agencies have not caught up to the technology. This CNBC article reveals that OpenAI, the mastermind behind ChatGPT, is now in the Federal Trade Commission ‘s (FTC) crosshairs. The CNBC article highlights the escalating legal showdowns in the wild frontier of generative AI.

Litigation 52

Litigation Technology Privacy Copyright Infringement 52

Traverse Legal Blog

JULY 14, 2023

The regulatory agencies have not caught up to the technology. This CNBC article reveals that OpenAI, the mastermind behind ChatGPT, is now in the Federal Trade Commission ‘s (FTC) crosshairs. The CNBC article highlights the escalating legal showdowns in the wild frontier of generative AI.

Litigation 52

Litigation Privacy Technology Copyright Infringement 52

LexBlog IP

SEPTEMBER 14, 2022

Federal agencies recognize that what was once treated as an intangible asset—that is, how “green” a company or its products may be—has developed into a true value-add. These types of actions can be the product of federal agency action, competitors, and consumers alike. million in penalties.

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Marketing Marketing Advertising Advertising 52

LexBlog IP

FEBRUARY 2, 2023

On January 5, 2023, the Federal Trade Commission (FTC) took a dramatic step by proposing a new rule that would prohibit companies from entering into non-compete agreements with its workers. This Article was written by Michael A. Litigation challenging the enforceability of the rule is almost sure to ensue, and the U.S.

Blogging 52

Blogging Confidentiality Business Editing 52

43(B)log

AUGUST 11, 2022

I’m not sure that Guides are “rules” or “regulations” in the ordinary sense, given that they can’t be relied on directly by the FTC to impose liability but merely indicate what the agency considers to be false or misleading, but it’s not clear that anybody in this case pressed that question.

Marketing 59

Marketing Marketing Art Law 59

Herbert Smith Freehills

SEPTEMBER 10, 2021

At the federal level, the Biden administration’s climate strategy includes appointing cabinet and agency leaders based in large part on their climate bona fides , restoring and strengthening Obama-era regulations of carbon emissions, and restraining fossil fuels extraction on federal property. Federal Action on Climate Change.

Government 52

Government Business Reporting Publishing 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

At the federal level, the Biden administration’s climate strategy includes appointing cabinet and agency leaders based in large part on their climate bona fides , restoring and strengthening Obama-era regulations of carbon emissions, and restraining fossil fuels extraction on federal property. Federal Action on Climate Change.

Government 52

Government Business Reporting Publishing 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 20, 2022

The article examines the USPTO’s updated guidance regarding Fintiv , the Director review process, applicant admitted prior art, proposed legislation, and more. Read the full article at Westlaw Today. This article was originally published on Westlaw Today on September 16, 2022. PDF copy available. Updated Fintiv guidance.

Journalism 74

Journalism Patent Art IP 74

Patently-O

APRIL 13, 2023

A leaked text of the draft was posted on Kluwer Patent Blog , a summary and detailed synopsis has been posted on FOSS Patents , and a 248-page Impact Assessment by the European Commission (EC) has been widely circulated among stakeholders. Disclosures: The author declares no conflicts of interest regarding the subject of this article.]

Art 58

Art Confidentiality Licensing Patent 58

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Fish attorneys Jenny Shmuel , Philip Chen , and Kayleigh McGlynn authored a Biosimilar Development article, “ Regulatory And Legislative Actions Set The Tone For Biosimilars In 2021.” This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond.

Settlement 40

Settlement Licensing Designs Design 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

11 Moreover, the Environmental Protection Agency (“EPA”) and other environmental regulators have developed fuel economy standards for expressing driving range, charge times, miles-pergallon equivalents, and other metrics. International Trade Commission. Patent Trial and Appeal Board, and the U.S.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

The Roadmap includes the following “Stretch Goals” for priority low emissions technologies, with $60 million funding allocated for research and development projects of use in achieving these goals now set out in Regulations under the Australian Renewable Energy Agency Act 2011 : . Approach of Australian States and Territories.

Government 52

Government Technology Business Reporting 52

43(B)log

FEBRUARY 17, 2022

Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Did referral commissions suffice to show an agency relationship? You can find out more here: [link]. The FTC 100% thinks so.]

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Advertising Advertising False Advertising Marketing 80

Patently-O

DECEMBER 11, 2023

After reading and reflecting on comments filed by Federal Trade Commission (FTC), see [link] , we decided to file a reply to the FTC’s comments, see [link]. Below is the substance of our reply comments explaining why we believe the agency’s comments were ill-informed, misguided, and highly ambiguous.

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Copyright Fair Use Copyright Law Copyright Infringement 95

43(B)log

APRIL 7, 2023

The DSA Trusted Flagger Regime and Its Interplay with Article 17 DSMD in the Aftermath of CJEU, Poland – A Promising Model? YT had it since 2012; now only NGOs and gov’t agencies. Companies could adopt DSA-compliant practices worldwide, or EU itself might promote DSA as a legal model including in its free trade agreements.

Art 45

Art Copyright Settlement Moral Rights 45

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The continued slow pace of approvals is potentially the result of the COVID-19 pandemic and related delays in clinical trials and facility inspections by FDA, as well as a re-prioritization and shifting of agency resources towards COVID-19 vaccines and treatments. Federal Legislation. Targeting Anti-Competitive Behavior.

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Litigation Settlement Patent Marketing 52