Introduction In a decision entered on December 18, 2012, the U.S. Court of Appeals for the Eleventh Circuit, on its own motion, vacated the September 11, 2012 opinion summarized in our September 18 post. The 11th Circuit substituted a new opinion for its September 11 opinion. The new […]
Introduction On November 26, 2012, Mr. Michael Chow and other plaintiffs affiliated with the MR CHOW restaurants doing business in New York, London, Miami, and Beverly Hills (and soon in Las Vegas) filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit of a judgment […]
The Supreme Court acted with faster-than-expected speed, granting a petition to review an Eleventh Circuit decision upholding a “pay for delay” agreement (also called a “reverse payment” agreement),[1] which involves the patented drug AndroGel®, against an antitrust attack. As reported in Bloomberg.com, “Companies have struck more than 100 […]
In our July 23 post, we covered the Eleventh Circuit’s denial of a petition for a rehearing filed by the Federal Trade Commission (“FTC”), in which the Eleventh Circuit let stand its earlier rejection of the FTC’s challenge that a “pay for delay” agreement (also called a “reverse payment” agreement)[1] violated antitrust laws. In […]
On September 19, 2012, California-based Fantasia Distribution, Inc. (“Fantasia”), a defendant in a trademark case, filed an appeal with the Eleventh Circuit. The court below, the U.S. District Court for the Southern District of Florida, had entered judgment against Fantasia, permanently enjoining it from using the mark SURFER ON […]
In a July 23 entry, we summarized the Eleventh Circuit’s ruling upholding a “pay for delay” agreement between pharmaceutical companies to settle patent litigation.[1] That agreement had been attacked by the Federal Trade Commission (“FTC”) as violating antitrust laws. We characterized conflicting approaches between federal appellate courts on how […]
If you are the creator or owner of a “foreign work” — one first published outside of the United States — and decide to enforce the copyright within the United States, be prepared. First, you may want to ensure that you understand the “esoteric” meaning of “published” as […]
The U.S. Court of Appeals for the Eleventh Circuit has issued its ruling in a trademark dispute between two competing manufacturers of baffle boxes — stormwater filtration devices that “remove debris, trash, oil and other pollutants from stormwater before the stormwater reaches lakes, rivers, and streams.”[1] The Court […]
Religious orders both tracing their lineage to the island of Malta, and using “Malta” in their names, are waging a trademark battle that resulted in a September 11, 2012 decision by the U.S. Court of Appeals for the Eleventh Circuit addressing the defense of trademark fraud, the multi-factor […]
Florida VirtualSchool (“FLVS”), an agency of the state of Florida, has appealed a ruling by Judge Gregory Presnell of the Middle District of Florida dismissing its trademark infringement action for lack of standing to bring suit under the Lanham Act. FLVS is an educational institution that provides online […]
Georgia IP Litigation 