Intellectual Property

The recently released Department of Justice (“DOJ”) opinion (“DOJ Opinion”) concluding that the Wire Act prohibits both sports and non-sports related Internet betting and wagering, leaves the industry with the burning question of “what about intrastate Internet gambling?”  On its face, the Wire Act prohibits using a wire communication facility for the transmission in “interstate or foreign commerce” of bets or wagers or information assisting in the placing of bets or wagers on any sporting…
The Government has published its Legislation Programme for Spring 2019. Preparing for Brexit is the central feature of the Spring Legislation Programme (which covers the period January-March 2019). The Brexit omnibus bill, the Miscellaneous Provisions (Withdrawal of the United Kingdom from the European Union on 29 March 2019) Bill, is the primary item in the Spring Programme. The Brexit omnibus bill comprises vital legislation across 17 elements that will need to be enacted prior to…
La blockchain si sta facendo strada anche nell’IP quale strumento di lotta alla contraffazione. Questa tecnologia, sviluppata come sistema per concludere transazioni finanziarie e che letteralmente significa catena di blocchi, consente la creazione di un database distribuito per la gestione di transazioni condivisibili dai partecipanti alla rete, strutturato appunto in blocchi contenenti al loro interno transazioni, che sono collegati tra loro in modo tale che ogni transazione contenuta in essi debba essere validata dalla rete…
By Memorandum Opinion entered by The Honorable Maryellen Noreika in ANI Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC et al., Civil Action No. 17-1097-MN (D.Del. January 11, 2019), the Court granted-in-part Defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(2) or, in the Alternative, Transfer Venue to the extent that it sought to transfer the action from the District of Delaware to the Northern District of Texas. The Court denied the portion of Defendants’…
They say one Bad Apple can spoil the bunch. But what can a Happy Apple do? It depends on which one you buy, but you’ll want to make sure you’ve got the right Happy Apple. One Happy Apples brand involves fresh apples, apple cider, and caramel apples.  The other Happy Apple is a cannabis infused drink. Sure, the names are nearly identical, but does the candy apple company have a viable trademark infringement claim against…
On 4 January 2019, China’s National People’s Congress (NPC) released draft amendments to the Chinese patent law for public comments (English translation available upon request), proposing, among other issues; higher damages for patent infringement, more options for rewarding inventors under an employee invention remuneration scheme, and patent term extensions for design patents and pharmaceutical patents. The current version of the law, which dates back to 2008, is generally seen as outdated and in need of…
As artificial intelligence (AI) and machine learning are integrated into an increasing number of products and services, litigation issues involving patents and trade secrets will increase. In this hoganlovells.com interview, IP partners Celine Crowson (Washington, D.C.), Jason Lohr (San Francisco/Silicon Valley), and Dr. Chris Mammen (San Francisco) discuss the evolution of AI and machine learning in a broad range of industries, their likely impacts on IP protection, and what companies can do now to prepare…
This is a follow up to our recent blog post regarding the DOJ Opinion on its interpretation of the Wire Act. In a memo dated January 15, 2019, the Deputy Attorney General declared: Department of Justice attorneys should adhere to the Office of Legal Counsel’s (OLC) interpretation, which represents the Department’s position on the meaning of the Wire Act. See 28 C.F.R. § 0.25.…
While attending his friend’s wedding at the Trump National Golf Club in New Jersey in June 2017, Jonathan Otto took a photograph of a certain wedding crasher: the president himself. Figure 1: Complaint Exhibit A Otto texted the photo to his friend, Sean Burke, another guest at the wedding. By the next morning, the image had gone viral and ended up on TMZ, CNN, the Washington Post, the Daily Mail, and a Hearst Communications’ publication,…
On January 11, 2019, the Supreme Court accepted certiorari to reconcile fractured circuit tests on when the government may withhold information from a Freedom of Information Act (“FOIA”) request based on responsive information being confidential or a trade secret. The case has major potential ramifications for the protections given to sensitive information submitted by companies to the government.…