Update: Antitrust-Intellectual Property Licensing Guidelines

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The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced, on August 12, 2016, they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing of Intellectual Property issued in 1995. The majority of the Proposed Guidelines update relevant authorities to reflect developments in court decisions, statutory law, the agencies’ practice, and the agencies’ guidance over the past 20 years, while leaving intact the main principles and substantive guidance of the 1995 Guidelines.

The agencies re-affirmed their commitment to three broad principles, namely that the agencies: Continue reading this entry

Enjoy Your Labor Day!

14_10673_AutoBlog_300x225The Manufacturing Industry Advisor team wishes you a safe and happy holiday weekend.

We’ll be back to our regular posting soon.

Thanks for your continued support of our blog!

 

The Brexit and Patent Law: What You Need to Know

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Now that some time has passed since the Brexit vote, some of the ways in which the vote is likely to impact British patent law are becoming clearer. Here is a quick summary of some of the primary concerns.

The UK Patents Act of 1977

The Brexit will not have direct impact the UK Patents Act of 1977, as that is a national patent statute, even though it was enacted after the UK joined the EU in 1973. The portions of the Patent Act creating the Unitary Patent of the EU are administrative, and not substantive. However, Supplementary Protection Certificates (SPC), a creation of the EU, would no longer exist in their current form. Additionally, the compulsory licensing laws created by the EU would no longer exist in the UK. It is possible that British pharmaceutical companies will press for a replacement SPC statute, as they benefit from it. It is less likely that there will be a strong push for new compulsory license laws in the UK. Continue reading this entry

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

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Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar lessons—remain to be learned about how to satisfy the duty to preserve evidence. The Delaware federal court clearly delivered this message by imposing a $3 million sanction, plus associated fees and costs, for a company’s failure to stop a senior executive from deleting potentially responsive ESI. Continue reading this entry

Drone Regulations: Federal vs. State

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In early 2016 a group of well-meaning Wisconsin legislators introduced legislation designed to allow local municipalities to regulate the use of drones in their given communities and to create a penalty enhancer for crimes committed when using a drone. Our Wisconsin Public Affairs team was hired by the Consumer Technology Association (CTA) to engage with legislators and forestall any action at the state level in favor of federal regulation. As explained below, federal regulation, rather than at the state or local level, may be better for manufacturers. Continue reading this entry