Intellectual Property

Intellectual Property

Stephen K. Shahida, David M. DesRosier | Weil, Gotshal & Manges LLP

In late June, the U.S. International Trade Commission (“ITC”) announced a pilot program aimed at limiting unnecessary litigation in ITC Section 337 investigations by forcing an early determination of potentially case dispositive issues. Upon instituting an investigation, the...

Advertising

Randi W. Singer, Jonathan Bloom | Weil, Gotshal & Manges LLP

Introduction In a decision with implications for litigation over the promotional use of scientific or other technical studies of products or services, the Second Circuit held recently that published scientific conclusions concerning matters of legitimate dispute, using a disclosed methodology...

Intellectual Property

Brendan J. O’Rourke, Lawrence I. Weinstein, Erika M. Stallings | Proskauer

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye to eye concerns who has standing to sue under the Lanham Act’s false advertising prong. On...