Member Blogs

Last week in Luv n’ Care, Ltd. v. Laurain, the Federal Circuit put the lower court in time out and probably made Eazy-PZ, LLC (EZPZ) cry just a little bit harder. In this precedential decision involving U.S. Patent No. 9.462,903, the appellate panel vacated a Western District of Louisiana judgment of no inequitable conduct and... Continue Reading

On April 10, 2024, Judge Dale E. Ho granted a motion to quash a third-party subpoena served on Major League Baseball player Bryce Harper in connection with a patent infringement lawsuit filed by Athalonz, LLC against Under Armour, Inc. in the Eastern District of Texas. In the patent litigation, Athalonz accused certain athletic footwear sold [...]

On April 12, 2024, the UK Information Commissioner's Office launched the third installment in its consultation series examining how data protection law applies to the development and use of generative AI. Continue Reading

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law. The world of fashion design, in which aesthetics are woven into practicality, […] La entrada The protection of fashion and applied art under criminal law: the Supreme Court rules on the Desigual case apareció primero en Intellectual and Industrial Property Blog - Garrigues.

US Department of the Treasury’s Office of Foreign Assets Control (OFAC), the US Department of Commerce’s (Commerce) Bureau of Industry and Security (BIS) and the US Department of Justice (DOJ), collectively issued guidance regarding the obligations of non-US based companies and persons to comply with US sanctions (Tri-Seal Compliance Note: Obligations of foreign-based persons to comply with US sanctions and export control laws) (Compliance Note). Continue Reading

Employers sometimes discover evidence that a former employee may be or have been in breach of their obligations to the employer. Sometimes the employee’s own direct messages on social media accounts corroborate wrongdoing. Is it a privacy breach if an employer accesses the social media direct messages, and can the employee sue them for breach of privacy? A recent ...

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the 2023 Merger Guidelines.  The new Merger Guidelines align closely with the objective—expressed by both FTC and DOJ—to expand the types [...]

Introduction Following the political agreement reached on the terms of the EU’s AI Act in December, the EU seems set to lead the way in adopting a novel regulatory framework to regulate the use and development of artificial intelligence (AI). Whilst the spotlight has largely focused on the AI Act, the EU’s AI regulatory framework...Continue Reading…

The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge in ransomware incidents reported to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Hacking alone... Continue Reading

That whistling sound you hear may not be an old-school newspaper walking past a graveyard—it may well be an AI industry-killing asteroid. On December 27, 2023, the New York Times filed a groundbreaking suit against OpenAI and Microsoft. The Times alleged copyright infringement, vicarious copyright infringement, contributory copyright infringement, violations of the Digital Millennium Copyright... Continue Reading

We came across an interesting article in Slate that highlights an example of one police department in Connecticut that sought to use drones to help flatten the curve in the early months of the COVID-19 pandemic—allegedly by using drones equipped with tools that could monitor compliance with social distancing guidance and potential symptoms such as elevated temperature […]

If you’re litigating a putative class action in federal court and get a class certification order that is adverse to your client (whether plaintiff or defense), you may petition to take an immediate appeal of that order.  Fed. R. Civ. P. 23(f). The petition to appeal must be filed quickly—within 14 days.  Id.  The short turnaround time … Continue reading Federal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsideration Is Filed? → The post Federal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsiderat...