Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Max Mitchell | August 15, 2017
The dispute between generic drugmakers Apotex and Teva stemming from a former Teva executive's alleged disclosure of trade secrets to an Apotex CEO while the two were dating is heating up, with the parties now sparring over the speed of discovery.
By Scott Graham | August 12, 2017
There is no Seventh Amendment right to a jury trial on the issue of attorney fee awards in patent cases. Not even when $12 million is at stake.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
District court properly granted summary judgment to appellees in appellant's false advertising and trademark infringement claim because appellant failed to show a secondary meaning for its mark where there was almost no direct-to-consumer advertising, appellant had a miniscule market share and there was practically no record of actual confusion. Affirmed.
By Mike P.F. Phelps | August 2, 2017
Raise your hand if you think 35 U.S.C. Section 101 has gotten too big for its britches! Raise your hand if you think Section 101 needs to move over and let Sections 102, 103 and 112 do their jobs! Raise your hand if you're tired of subjective and inconsistent patent decisions! If your hand is up, have hope, because the ABA, AIPLA and IPO are running to help.
By Mmatthew A. Pearson and Jonathan J. Underwood | August 1, 2017
Nearly 30 years of patent infringement litigation practice was upended by the U.S. Supreme Court's recent decision in TC Heartland v. Kraft Foods, 137 S. Ct. 1514 (2017). The court ruled that venue in patent infringement lawsuits is determined solely by the patent venue statute (28 U.S.C. Section 1400(b)), not the general venue statute (Statute 1391) that had been used after the U.S. Court of Appeals for the Federal Circuit's 1990 decision in VE Holding v. Johnson Gas Appliance, 917 F.2d 1574.
By Lizzy McLellan and Max Mitchell | July 28, 2017
The newest litigation funder in town is operating on a different scale than others in Philadelphia and could signal a new era for litigators in the city using third-party financing.
By Tyler Tassone | July 27, 2017
Patent applications increasingly encounter subject matter eligibility rejections under 35 U.S.C. Section 101, particularly those applications directed to software and business methods. These rejections can be difficult to overcome, even for experienced patent practitioners due to lack of clear precedent and continuously evolving case law. The Supreme Court decisions in Mayo v. Prometheus (US 2012), and Alice v. CLS Bank International (US 2014), set forth the current framework for determining patentable subject matter eligibility under Section 101.
By Lawrence E. Ashery | July 26, 2017
When I studied constitutional law in law school, one subject was certainly never mentioned in that class: trademarks. After last month's U.S. Supreme Court decision in Matal v. Tam (582 U.S. ____ (2017)), that may change.
By Max Mitchell | July 17, 2017
A hot dog by any other name, including a name similar to a well-known sausage company, is not likely to confuse consumers as long as it is clearly labeled on the packaging, a federal appeals court said in dismissing a trademark and false advertising suit brought by a sausage company.
By Anthony S. Volpe and Bradley M. Brown | July 5, 2017
Throughout time industries have developed techniques and processes that are believed to be essential elements that contributed to the company's success. For almost as long, companies have sought and devised ways to protect those techniques and processes that constituted the company's intellectual property. Many companies turned to federal patent protection, others chose to treat the information as trade secrets and others chose to use contractual obligations to protect their intellectual property.
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