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Practical Perspectives on Intellectual Property Legal Developments

Category Archives: Litigation

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New Jersey Law Journal Names Gibbons the 2014 “General Litigation Department of the Year”

Posted in Litigation
The New Jersey Law Journal has named Gibbons P.C. the “General Litigation Department of the Year” for 2014, the top award presented in its second annual “Litigation Departments of the Year” awards program. The general litigation award recognized the firm’s litigation strength in several areas, including commercial litigation, products liability, employment, intellectual property, and media law. In 2013, the firm's Business & Commercial Litigation Department was named the "Commercial Litigation Department of the Year" in the same awards program.… Continue Reading

Court Holds Only Reverse Payment of Money Requires Actavis Antitrust Scrutiny

Posted in Intellectual Property, Litigation
Recent years have seen a significant number of antitrust challenges to so-called “reverse payment” pharmaceutical patent litigation settlements between brand name manufacturers and their generic competitors. The Supreme Court’s decision in FTC v. Actavis resolved a split among the courts of appeal, and held that settlements in which “large and unjustified” reverse payments are made are subject to antitrust scrutiny in the form of a traditional “rule of reason” analysis. In the wake of Actavis, the lower courts have begun to grapple with the question of what, if any, application Actavis has to the disposition of antitrust challenges to patent settlements that do not include a large payment of cash by the brand producer to the generic, but may include other forms of non-monetary consideration.… Continue Reading

The Leaner, Meaner Federal Subpoena …

Posted in Litigation
Somewhat lost amid the holiday din were the recent amendments to Rule 45 of the Federal Rules of Civil Procedure. These significant changes took effect on December 1, 2013, and simplify some of the procedures relating to subpoenas in Federal court.… Continue Reading

Supreme Court Hears Oral Argument in Already LLC v. Nike, Inc.

Posted in Litigation, Trademark
On Wednesday, the Supreme Court heard oral argument in the case of Already, LLC d/b/a Yums v. Nike, Inc. As we reported previously, that case arose from an appeal of the Second Circuit's decision affirming the Southern District of New York's holding that a covenant not to sue entered in a trademark dispute ended the case and controversy between the parties. We enclose the full transcript of the oral argument.… Continue Reading

Gibbons Intellectual Property Department Attains National and Metropolitan Rankings in 2012 Best Lawyers

Posted in Litigation, Patent
Gibbons P.C. is proud to announce that two practices within its Intellectual Property Department have achieved national and metropolitan rankings in the 2012 edition of Best Lawyers®, the oldest and most respected peer-review publication in the legal profession. In addition, Department Chair David E. De Lorenzi has been individually ranked in three different IP categories.… Continue Reading

Revisions to Federal Rule of Civil Procedure 26 – New Untested Protections for Testifying Experts

Posted in Copyright, Litigation, Patent
On December 1, 2010, the latest version of the Federal Rules of Civil Procedure went into effect. As part of the new rules, significant changes were made to Rule 26 regarding the discovery of information from experts retained to provide testimony. As of Wednesday, witnesses who were not previously required to provide a written report must now provide a summary disclosure of their opinion. In addition, draft expert reports and some communications between expert witnesses and counsel will no longer be discoverable, and expert reports will now only need to contain information regarding "facts or data considered by the witness in forming" an opinion.… Continue Reading