The Increasingly Popular Section 337

There are a number of ways in which U.S. manufacturers that believe they are being harmed by imports can seek protection.

An increasingly popular tool to consider is filing a Section 337 proceeding at the International Trade Commission, which can be used to combat a wide variety of alleged unfair trade practices.

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You’ve Gotta Keep ‘Em Separated

supreme court

The US Supreme Court’s ruling in Star Athletica v Varsity Brands provides a path to copyrightability for pictorial or graphical elements of clothing designs and useful articles. Laura Ganoza and Julie McGinnis of Foley & Lardner explain.

The US Supreme Court issued its opinion in Star Athletica v Varsity Brands in March. In an effort to resolve inconsistency in the various circuits, the decision sets forth a test for determining when a feature of a useful article is protectable under US copyright law.

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17 Measures Manufacturing Companies Should Consider to Reduce the Risk of Cyber-Intrusions


Computers are integral throughout the manufacturing process. At every step in the supply chain, there are computers collecting and acting on thousands of data points. As a result, cybersecurity has become a vital consideration throughout the manufacturing industry. Whether it’s protecting data and privacy in the increasingly connected products being manufactured, or replacing vulnerable legacy systems that are prone to attack, businesses need to keep cybersecurity top of mind. With that, we wanted to provide manufacturers with a list of concrete steps to consider to help minimize the risk of, and prepare for, cyber-intrusions.

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“Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification

On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line Robinson-Patman price discrimination case. Small wholesalers alleged that Living Essentials LLC (Living Essentials), maker of 5-Hour ENERGY® drinks, was giving preferential pricing for the supplement to larger wholesalers such as Costco. Judge Nathaniel Cousins held that the plaintiff wholesalers’ class definitions were too vague and necessarily required proof of individualized harm for the proposed class, rendering class certification inappropriate.

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TSCA Amendment: Upcoming Inventory Rule

On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Amendment), which amends the Toxic Substances Control Act (TSCA), was signed into law. Under this amendment, EPA was authorized, amongst other things, to evaluate its existing inventory of chemical substances on specific timelines. The proposed rule – the Inventory Rule –will require manufacturers to notify EPA of chemicals manufactured and processed in the past 10 years. EPA will use this information to update the TSCA inventory of chemical substances, and to determine which chemicals are active and still being manufactured and processed and which chemicals are “inactive” in commerce. The purpose of the update to the TSCA inventory is to better position the agency to set priorities for risk evaluations.

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