This Month in Intellectual Property: September 2021

Douglas R. Nemec Rachel R. Blitzer Ryan P. Bisaillon David M. Lamb

On September 28, Skadden presented the latest installment of “This Month in Intellectual Property,” a monthly webinar series created to keep IP practitioners and in-house counsel up to date on recent court decisions, legislative developments, key filings and emerging trends in IP. Covering all facets of IP, including trademarks, copyrights, patents, trade secrets and rights of publicity, the webinar series serves as a one-stop-shop for news that covers the entirety of this rapidly evolving industry.

This month, intellectual property litigation partner Douglas Nemec and counsel Rachel Blitzer gave an update on the Glaxo v. Teva “skinny label” indirect infringement case following rehearing at the Federal Circuit and also reviewed the requirements for disclosure of damages theories in patent cases, the intricacies of proper venue among related parties and recent law examining when online material qualifies as a printed publication.

Associates Ryan Bisaillon and David Lamb discussed a court’s rejection of a TV streaming service’s argument that the service falls into the Copyright Act’s “secondary transmission” and how the Tenth Circuit held that the Lanham Act covers the foreign defendants’ sales to foreign consumers, citing substantial effect on U.S. commerce. Additionally, they covered the Second Circuit’s rejection of a claim that a watchmaker violated trademark law by utilizing branded salvaged parts and how another court held that using social media embedding tools implicates a copyright display right.

Review a summary of the most recent webcast.
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