IP Watchdog

SEPTEMBER 11, 2023

On September 7, the U.S. Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. v. Haribo of America Inc. In affirming the district court’s grant of summary judgment, the Third Circuit found that PIM’s federally registered trademark to a wedge-shaped candy with green, white and red stripes should be canceled because the mark as a whole identifies the candy’s flavor.

Litigation 132

Litigation 132

The 10b-5 Daily

SEPTEMBER 11, 2023

To what extent can plaintiffs commission an expert report based on public information and rely on it in their complaint to adequately plead securities fraud? The Ninth Circuit recently addressed this issue in E. Ohman J:or Fonder AB v. NVIDIA Corp. , 2023 WL 5496507 (9th Cir. Aug. 25, 2023). A majority of the panel (Judge Fletcher and Judge Wallace) found that the expert report was credible and could be relied upon, even though it did not reference any internal corporate data or witness statem

Witnesses 100

Witnesses Pleadings Discovery 100

IP Watchdog

SEPTEMBER 11, 2023

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued two precedential opinions vacating and remanding decisions of the Patent Trial and Appeal Board (PTAB). In the first, the court said the PTAB abused its discretion in finding that Netflix, Inc. failed to articulate a field of endeavor to establish analogous art, vacating the Board’s decision in part.

Construction 122

Construction Evidence Litigation 122

CaseFox

SEPTEMBER 11, 2023

Imagine the legal world as a puzzle. Where the two crucial pieces of procedural and substantive law fit together for a fair outcome. Although both of these legal terms can easily get dismissed in legal jargon. It is important to understand these terms and the differences between them. When it comes to criminal offenses and justice, these two laws play a major role.

Evidence 52

Evidence Litigation 52

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Litigation

CaseFox

SEPTEMBER 11, 2023

Imagine the legal world as a puzzle. Where the two crucial pieces of procedural and substantive law fit together for a fair outcome. Although both of these legal terms can easily get dismiss in legal jargon. It is important to understand these terms and the difference between them. When it comes to criminal offenses and justices, these two laws play a major role.

Evidence 52

Evidence Litigation 52