On February 8, 2023, a Manhattan federal jury in the SDNY held Los Angeles designer Mason Rothschild liable for trademark infringement to high-end Paris fashion house Hermes International (“Hermes”) for his “MetaBirkins”…
Author: rcatalina
USPTO Director Imposes Sanctions Against Petitioner and Counsel for Abuse of IPR Process
In a director review decision issued on October 4, 2022, USPTO Director Kathi Vidal imposed crushing sanctions against IPR petitioner OpenSky Industries and its legal counsel for extensive discovery violations and extortion…
Analysis: ‘Reasonable Expectations’ Control in Minority Shareholder Oppression Cases
In a recent decision, New Jersey’s Appellate Division addressed the standard of proof for minority shareholder oppression under New Jersey law, reaffirming the “reasonable expectations” standard. In Matusow v. Iznec, et al.,…
PTAB Upholds Validity of AI Patent
A split panel of the Patent Trial and Appeal Board recently upheld an AI (artificial intelligence) patent after it was previously ruled invalid nine months earlier by U.S. District Judge Alan Albright…
The Great Moderna Covid Vaccine Patent Suit
Covid-19 vaccine maker Moderna filed a lawsuit on August 26, 2022 against Pfizer Inc. and BioNTech, alleging that its rivals “followed the trail Moderna blazed” years ago in developing the technology behind…
NJ Supreme Court: No Discounts in Determining Fair Value of Business Undergoing Divorce
In litigation matters or disputes regarding business valuation of a corporate entity, the goal of establishing fair value by a court includes the discretion as to whether any “discounts” should be applied. …
Appeals Filed with Supreme Court Seeking Review of ‘Written Description’ Rulings
Currently pending before the U.S. Supreme Court are three petitions for certiorari dealing with the “written description” requirement in the Patent Act, 35 U.S.C. §112. While each petition presents a distinct question…
NJ Supreme Court Abolishes “New Business Rule”
Since 1936, New Jersey has followed the “new business rule,” which bars claims for lost profits by new businesses on the ground that no such claim can be proven with reasonable certainty. …