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News and expert analysis on IP developments from the courts to the USPTO.
By newyorklawjournal | New York Law Journal | August 21, 2017
Fraud, Rescission Claims Dismissed As Duplicative of Breach of Contract Claim
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By Scott Graham | August 21, 2017
Lawyers for Apple and Qualcomm faced off Aug. 18 in a clash over $4 billion in annual royalty payments. Cravath chairman Evan Chesler described client Qualcomm as under worldwide assault: “We are standing in a boxing ring with our gloves up, with the biggest boxer in the world punching away at us.”
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By Roy H. Wepner | August 21, 2017
In recent years, defendants in patent litigation have made gains in the courts.
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By SCOTT GRAHAM AND TOM MCPARLAND | August 19, 2017
The U.S. Supreme Court set off a patent law earthquake with its venue decision TC Heartland v. Kraft Foods Group Brands. But three months later it's still unclear how far the shock waves will spread.
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By Law Journal Editorial Board | August 18, 2017
With the Tam case, the Supreme Court has added another decision to our lexicon of strong First Amendment cases by reiterating in a new and different context that viewpoint or content-based discrimination will not be tolerated.
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By Roy Strom | August 18, 2017
Charles Yang's three-lawyer, cloud-based Ntellect Law found a fitting home this month when it merged with FisherBroyles, a pioneering firm that claims to be the largest in a growing crowd of virtual or cloud-based law firms.
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By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
The court sustained plaintiff's preliminary objections to a defendant's new matter based on conclusory or subjective allegations, but overruled plaintiff's preliminary objections as to the sufficiency of the affirmative defenses.
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By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
The court sustained plaintiff's preliminary objections to a defendant's new matter based on conclusory or subjective allegations, but overruled plaintiff's preliminary objections as to the sufficiency of the affirmative defenses.
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By newyorklawjournal | New York Law Journal | August 18, 2017
Costco Must Pay Tiffany More Than $19 Million For Mark Infringement Over Engagement Rings
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By Commentary by Morgan Ben-David | August 17, 2017
Trade dress not only pertains to a product's image, size, shape, color or texture, but also has been expanded to encompass the interior and exterior décor, signage, menu and general "atmosphere" of a restaurant or store. Like a traditional trademark, a company's trade dress is similarly protected by the Lanham Act, writes Morgan Ben-David.
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