Category Archives: Litigation

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When to Mediate and Why

mediate
If a company or person becomes involved in litigation, the parties eventually will either agree to, or be ordered to, participate in mediation. Mediation deserves deliberate and thorough consideration to make the most of an opportunity to resolve the dispute favorably and efficiently.  Here, we kick off a Manufacturing Industry Advisor series that examines what … Continue reading this entry

The WFDL Is Broader Than You Think — Lessons From Golf Pros

On June 22, 2017, the Wisconsin Supreme Court took a 3-Iron to common intuitions about who is, and who is not, a dealer protected by the Wisconsin Fair Dealership Law (WFDL). In Benson v. City of Madison, 2017 WI 65, the Court found that four golf pros—clearly not your typical dealers—were protected by the WFDL, … Continue reading this entry

Supreme Court Complicates Design Patent Damage Calculation

The Supreme Court issued a rare unanimous decision, on December 6, 2016, on the issue of damages for design patent infringement that continues the Apple v. Samsung smartphone legal odyssey. It also marks only the second time in over 100 years that the court has issued a substantive decision in a design patent case. But … Continue reading this entry

You’ve Gotta Keep ‘em Separated: Star Athletica v Varsity Brands and the Copyrightability of Elements of Useful Articles

Later this month, the US Supreme Court will hear oral arguments in Star Athletica v Varsity Brands. The central question presented asks the Supreme Court to clarify the appropriate test that should be used to determine when a feature of a useful article is protectable under United States copyright law. While the case involves cheerleading … Continue reading this entry

Delaware Bankruptcy Court Upholds Reclamation Creditors’ Rights

Vendors – take note! The Delaware bankruptcy court In re Reichhold Holdings US Inc. recently issued an important ruling for vendors asserting reclamation rights. Under section 546(c) of the Bankruptcy Code, a vendor may reclaim goods sold on credit to an insolvent debtor that has filed bankruptcy. Reichhold addressed an issue plaguing reclamation claimants:  does … Continue reading this entry

Update: Antitrust-Intellectual Property Licensing Guidelines

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 … Continue reading this entry

Enjoy Your Labor Day!

The 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!  … Continue reading this entry

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

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 … Continue reading this entry