In WM. Wrigley Jr. v. Cadbury Adams USA, a recent Court of Appeals for the Federal Circuit decision related to chewing gum patents, Wrigley brought suit against Cadbury for infringement of its U.S. Patent Number 6,627,233 ("the '233 patent") claiming a chewing gum including a combination of menthol and a physiological cooling agent, WS-23. Cadbury counterclaimed against Wrigley for infringement of Cadbury's U.S. Patent Number 5,009,893 ("the '893 patent") claiming a chewing gum including menthol and a similar cooling agent entitled WS-3.
By Ralph A. Dengler and Thomas J. Bean, Gibbons
(Still) Waiting for Akamai and McKesson ....
As the summer rolls along, IP practitioners still await the Federal Circuit's decisions in the en banc rehearings of Akamai Technologies, Inc. v. Limelight Networks, Inc., 629 F.3d 1311 (Fed. Cir. 2010) and McKesson Techs. Inc. v. Epic Sys. Corp., 98 U.S.P.Q.2d 1281 (Fed. Cir. 2011), which will address liability among multiple step performers accused of patent infringement.
35 U.S.C. § 122(e), adopted last fall as part of the Leahy-Smith America Invents Act ("AIA"), conditions third party submissions to the USPTO for consideration and inclusion in an application file. Recently, the USPTO published the final rules regulating these submissions by third parties: Changes to Implement the Preissuance Submissions by Third Parties Provision of the Leahy-Smith America Invents Act, 77 Fed. Reg 42150 (2012). That is to say, the USPTO provided the requirements and guidance to anyone wishing to have the Office consider patents, published patent applications, or other printed publications of potential relevance during the examination of a pending application. The new rules pave the way for a third party to limit the scope of a pending patent application, particularly a competitor's application, in a meaningful way.
By Ileana Céspedes, Quijano & Associates
Law 35 of 1996 whereby provisions concerning industrial property were enacted established in its Article 126 that there exists a franchise when, by means of the user license of a trademark, a technical know-how is transmitted or technical assistance is provided so that the person to whom the franchise is granted may produce or sell goods or provide services in the same manner and with the operational, commercial and administrative methods established by the owner of the trademark in order to maintain the quality, the prestige and the image, which the trademark represents. Panamanian legislation does not deal with the basic requirements of a user license contract by which a franchise is established. It only indicates that it is to be considered a franchise when technical know-how is transmitted or when technical assistance is provided in order to develop the business in the Republic of Panama while complying with certain quality standards.
Just as trade secrets cases continue to proliferate in the news, the U.S. Senate introduced legislation last week aimed at streamlining the ability of American companies to combat trade secret theft.
Update - Hatch-Waxman Settlements: The FTC Regains Traction After Third Circuit Rules That Reverse Payments Violate Antitrust LawBy Sheila F. McShane & Jillian A. Centanni
As a follow-up to a previous article, the FTC has finally gotten an Appeals Court to take its view of reverse payments - Wile E. Coyote won this one. The FTC previously unsuccessfully attempted multiple avenues to invalidate reverse payments as part of Hatch-Waxman settlements - via the District Courts, proposed legislation, state court systems, and even the Supreme Court - but the Third Circuit has finally bitten, setting a clear circuit split.
The ability to travel within Europe without border controls is among the most visible advantages of the European unification process. Freedom of movement for persons has long since become an accomplishment for more than just the citizens of most EU states in continental Europe. Neutral Switzerland has also joined the so-called Schengen process. The EU Commission presented its first semi-annual report on the state of Schengen developments in May 2012. But current events threaten to bring back the barriers.
By Tetsuya Umehara, Plum Field Advisory
With globalization, regardless of the type of business you run, the management of overseas operations is becoming more and more strategically important, and some overseas subsidiaries are growing for many multinational corporations. This creates challenges for multinational corporations to maintain "sound" management when culture, rules, laws, and customs are different.
Multiple Government Laws and Regulations Make Data Security Breach Recovery Efforts Complicated in the U.S.
By Jonathan M. Joseph, Christian & Barton, LLP
Security experts considered 2011 the "Year of the Breach" due to the sheer volume of data breaches experienced by governmental entities, large companies and small organizations. These breaches included external attacks, deceptive practices, accidental data loss from misplaced laptops or hard drives, and files posted to public sites. The reality is that a data breach may occur even in the best run organizations—and preparation is the best defense.
The recent judgment of the Royal Court in this case has provided further clarification on the disclosure obligations of former trustees owed to their successors. The Court noted that there appeared to be little authority on the law dealing with the duty of a retiring trustee to hand over documents and information to an incoming trustee and therefore took the opportunity to set out its views concerning the legal position.
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