Litigating in Inception: Managing Multi-Level Reality in European Patent Litigation
- patentblog.kluweriplaw.com language
- 2025-06-16 13:27 event
- 1 day ago schedule
Domain BROWARDDEFENDER.com for sale! This premium domain is available now at Kadomain.com
When you’ve poured your time, energy, and creativity into building a business, your name becomes one of your most valuable assets. It represents your brand, your reputation, and everything you’ve worked hard to create. But have you taken the legal steps to protect it? Registering a trademark for your business name isn’t just a formality, it’s a strategic move that can offer powerful legal and commercial advantages. Here’s why you should consider trademarking your business name. Exclusive Rights Nationwide When you register your business name with the United States Patent and Trademark Office (USPTO), you gain the exclusive right to use that name in connection with your goods or services across the entire country. That means no one else in your industry can legally use a confusingly similar name. Prevent Costly Legal Disputes Without a trademark, someone else could register a similar name and claim you’re infringing on their rights. This…
In the case of Steets v. Celebration Fireworks, Inc., (WCAB), No. 3 MAP 2024 (Pa. May 30, 2025) (Op. by Donohue, J.), the Pennsylvania Supreme Court overturned decades of precedent in order to allow a new available of worker’s compensation claims to go forward. In this decision, the Supreme Court created new law and cleared the way for the estates of those individuals who died from work-related injuries to collect benefits related to claims for disfigurement and injury.Justice Christine Donohue authored the Opinion and was joined by Chief Justice Deborah Todd and Justices Kevin Dougherty, Sallie Updyke Mundy and Daniel McCaffery. Justices David Wecht and Kevin Brobson dissented in separate Opinions.Anyone wishing to review a copy of the Majority Opinion for this decision may click this LINK.Justice Wecht's Dissenting Opinion can be viewed HERE.Justice Brobson's Dissenting Opinion can be viewed HERE.Source: Article – “Pa. High Court…
Back in 2020, I wrote a post about the document that often starts a lawsuit: the complaint. My post focused on what complaints mean and how to read them. But I am updating the post to share some thoughts on strategy when drafting complaints, with the original post below.Some complaints make the news. And so some people write complaints with extra details or explanations that may not be legally necessary, but because their audience is the public or reporters, they include them. So people who draft complaints may want to consider who the audience is and people who read complaints may consider whether the author was trying to win a lawsuit or public opinion.If you read a lot of complaints, you may see some appear to have more details than others. And some appear more repetitive than others. A close read of these complaints may suggest how strong the factual case is: complaints that seem repetitive may indicate that the author is trying to obscure the fact she does not have…
A tragic house fire in Cicero claimed the lives of two residents on Saturday night, according to local police reports. An 81-year-old man and a 75-year-old woman died in the blaze, while a third person managed to escape by feeling along walls and sensing temperature changes in the smoke-filled home, according to Cicero Fire Chief Jim Perrin. The incident highlights the devastating speed at which residential fires can spread and the critical importance of fire safety measures in protecting lives. Emergency responders were called to the scene, but despite their efforts, two lives were lost in this heartbreaking incident. The original news report can be found here. Common Causes of Fatal House Fires Residential fires can occur for numerous reasons, and understanding these common causes is crucial for prevention: Electrical problems - Faulty wiring, overloaded circuits, damaged extension cords, and defective electrical appliances Heating equipment issues - Improperly…
Jill E. Family (Widener University - Commonwealth Law School) has posted Immigration Law after Chevron’s Demise (Oregon Law Review, forthcoming) on SSRN. Here is the abstract: The Supreme Court held in Loper Bright v. Raimondo that the Administrative Procedure Act does not require federal courts to defer to reasonable agency interpretations of ambiguous statutes, negating Chevron deference. This article examines Loper Bright in the context of immigration law by focusing on the opportunities and challenges it presents to immigration law implementation. The opportunities for improvement stem from Loper Bright's promise of independent judicial interpretation of statutory language, including the appropriate inclusion of humanitarian concerns into such interpretation. The challenges are comprised of various ways that the judicial and legislative branches may attempt to blunt Loper Bright's potential positive effects in immigration law. The importance of this…
Signup to receive the Early Edition in your inbox here. A curated guide to major news and developments over the weekend. Here’s today’s news: ISRAEL-IRAN CONFLICT The fiercest clash between Iran and Israel in decades entered its fourth day today. A spokesperson for Israel’s military on Saturday claimed Israel has “full aerial operational control” over western Iran and the capital city of Tehran and that Israel has destroyed one-third of Iran’s surface-to-surface missile launchers. Earlier in the weekend, Israel said that it killed the intelligence chief of the Islamic Revolutionary Guard Corps, along with his deputy. BBC News reports; Yaroslav Trofimov reports for the Wall Street Journal; Barak Ravid reports for Axios. Israel on Saturday widened its military campaign against Iran by targeting Iran’s gas and petrochemical refineries, according to a statement from Iran’s oil ministry. Videos verified by the New York Times showed a…
Franchise in the U.S. with Confidence: Legal Services and Territory Mapping Software for International Brands Thinking about bringing your brand to the United States? For international franchisors, the U.S. offers huge opportunity—but it also comes with some complex legal and operational requirements.If you’re expanding from Canada , the UK , Australia , Germany , South Korea , or India , this guide is for you. We’ll walk you through: The basics of what U.S. law requires for franchising Why the law firm of Waldrop & Colvin, PLLC and Zors franchise intelligence platform are the perfect partners for U.S. expansion How to keep your international team aligned in one platform Why International Brands Target the U.S. Franchise MarketFranchising is booming across the globe, and the U.S. remains the #1 growth destination for well-established international brands. Popular exporting countries include: Canada – Proximity and…
In Texas, not all murder charges are created equal. While murder is already one of the most serious crimes under state law, certain aggravating factors can elevate a case to capital murder—a charge that carries the possibility of life in prison without parole or the death penalty. If you or someone you love is facing a capital murder charge, it’s critical to understand what that means and how it differs from other types of homicide. What Is Capital Murder in Texas? Capital murder is defined under Texas Penal Code § 19.03, and it includes specific circumstances that make a murder especially severe in the eyes of the law. These cases often involve multiple victims, children, law enforcement officers, or other aggravating elements. When Does a Murder Become Capital Murder? In Texas, a murder becomes capital murder if any of the following apply: The victim was a peace officer or firefighter acting in the line of duty. The murder was committed during…
In this special episode of The Geek in Review, we take the new ChatGPT Advanced Voice Mode for a spin, inviting it to analyze and discuss all 23 episodes from the podcast’s 2025 season. The episode kicks off with a high-level overview of the biggest legal tech themes from the year so far. ChatGPT Voice quickly identifies a significant shift toward agentic AI tools—those that go beyond automation to become integrated partners in the legal workflow. These tools are helping firms reimagine service delivery, improve access to justice, and rethink the very structure of their businesses. Throughout the episode, the trio explores consistent trends shared by legal tech leaders in recent episodes. These include the integration of AI into core legal tasks, such as contract review and litigation support; the rise of new business models like value-based pricing; and the ongoing focus on ethical AI use. Specific guests like Feargus MacDaeid and Nnamdi Emelifeonwu (Definely),…
Diving into the labyrinth of intertwined dreams in Christopher Nolan’s Inception—where each dream level operates under its own rules while influencing the others—sharply illuminates the intricate structure of the European patent litigation system. Within this evolving landscape, patent holders are granted procedural freedom: during the transitional phase of the Unified Patent Court (UPC), they may opt either for the unitary route under the UPC or for litigation before national courts. Much like Cobb and his team determining at which dream level to act, innovators and rights holders must decide on the judicial level most strategically aligned with their goals. This procedural flexibility increases adaptability but imposes complex responsibilities. Each layer of litigation has its own dynamic, and unless the connections between them are properly managed, the result may be confusion instead of coherence. The promise of a unified patent system risks becoming a…
Workers that require their wrists and hands to perform their jobs, such as typists, data entry workers, assembly line workers, construction workers, and others, are more likely to develop this condition. The symptoms of carpal tunnel injury are initially mildly unpleasant; but, if left untreated, they can lead to numbness, chronic discomfort, and permanent damage. Hand tingling, weakness, or numbness are symptoms that can be brought on by compression, particularly in the thumb and the first three fingers. Activities such as typing, using tools, vibrating machines, and other repetitive hand motions can irritate the tendons in the wrist and make it difficult to enter the carpal tunnel workers comp. As time passes, inflammation and nerve pressure build up, resulting in unpleasant sensations that may become much more severe if therapy is not administered. Why Should There Be Consideration Given to Carpal Tunnel Injury in Workers Compensation…
A traffic collision involving two vehicles occurred at the intersection of Fry Road and Meridian Road in Vacaville on the evening of June 15, 2025. The incident, reported at approximately 7:31 PM, involved a white crossover and a white Buick Regal in a T-bone collision. Emergency services were promptly dispatched to the scene. One individual sustained a head injury as a result of the crash. Medical personnel were en route to provide necessary assistance, highlighting the severity of the incident. The collision’s impact on traffic flow in the area remains unconfirmed, but authorities were on-site to manage the situation and ensure safety. Motorists are advised to exercise caution when traveling through the area and to remain vigilant for any ongoing emergency response activities. Our thoughts are with the injured party, and we hope for a swift recovery. Potential Legal Considerations When someone is hurt because another person was careless, it’s called…
Both Professor Buchanan and I are otherwise occupied this week, so we'll be posting "classic" columns rather than providing new content--except to the extent that breaking news is too tempting to resist, Prof Segall posts new content, and/or, as today, I preface the reprise with a brief update.Below you'll find a column that originally ran on the blog on January 24 of this year under the title "Wait, Can He Actually Do That? Part 1: Overview and the TikTok Executive Order." I'll begin with a brief updating preface.President Trump's illegal suspension of the TikTok ban described below expired in April. Thus, on April 4, Trump issued another Executive Order extending the ban's suspension until June 19, which is three days from today. There is every reason to expect that the ban's suspension will be extended yet again, in light of the latest truce in Trump's on-again-off-again trade war with China. The fact that we simply take…
Unfortunately, writing an NNN Agreement after your manufacturer has copied your products is the equivalent of shutting the barn door after all the cows have left. I cannot help be candid here: your factory is demonstrating unethical business practices. And while I wish a piece of paper could magically transform such behavior, the reality is that no contract—including a Non-Disclosure, Non-Use, Non-Circumvention (NNN) Agreement—will fix this fundamental breach of trust. See Manufacturing in China: China Trademark Registration Should be the FIRST Thing You Do. Vet your manufacturers for IP history and financial stability. See Foreign Company Due Diligence Reports. Use localized contracts with country-specific dispute resolution clauses. See A Guide to Dispute Resolution Clauses in International Contracts Yes, I agree. Below is your blog post with only the suggested changes implemented—internal links, meta title/description, and one optional bolded pull…
On May 29, 2025, the staff of the SEC’s Division of Corporation Finance (the “Staff”) issued a statement concluding that certain proof-of-stake blockchain “staking” activities do not involve the offer or sale of “securities” within the meaning of the Securities Act of 1933 or the Securities Exchange Act of 1934. In other words, the SEC Staff’s view is that participating in proof-of-stake (“PoS”) network consensus—whether by solo staking or through third-party staking services—does not amount to an investment contract under the Howey test requiring Securities Act registration. This marks a significant clarification for the crypto industry, closely following the Staff’s recent guidance on meme coins, USD-backed stablecoins, and crypto mining. Notably, two SEC Commissioners publicly reacted: Commissioner Hester Peirce concurred with the Staff’s analysis, while Commissioner Caroline Crenshaw…
Recent protests—some violent—against federal immigration enforcement operations and personnel in Los Angeles (and other major American cities) have prompted responses and generated discussions, including by federal and state political leaders, concerning the appropriate powers, roles, responsibilities, and relationships of national and state governments. As scholars of constitutional law who have thought and written extensively about federalism, we think this a good occasion to revisit some core principles and lay out how they apply to current events, and in the course of doing so to correct some prominent errors and misconceptions.Principle #1: The national government cannot compel state officers to exercise state executive powers to enforce federal immigration law.President Donald Trump and other members of his administration have long complained about California’s refusal to provide assistance to federal immigration enforcement. California is a…
A serious motorcycle accident occurred Sunday evening on Syracuse's South Side, leaving a motorcyclist in critical condition after a hit-and-run collision. The incident highlights the ongoing dangers motorcyclists face on New York roads and the devastating consequences when drivers flee accident scenes. According to Syracuse Police Department reports, the crash occurred at approximately 6:30 p.m. at the intersection of Midland and West Borden avenues. A motorcyclist in his late 50s was struck by a dirt bike traveling southbound on Midland Avenue. The dirt bike operator fled the scene before police arrived, making this a hit-and-run incident. The motorcyclist was initially transported to Upstate University Hospital in critical condition but was later upgraded to stable condition. Police are actively investigating the incident and asking anyone with information to contact them at 315-442-5130. Source: Syracuse.com Common Causes of Motorcycle Accidents Motorcycle…
A serious traffic collision involving a motorcycle and a vehicle occurred on Point Reyes Petaluma Road at the intersection with Red Hill Road in Petaluma on the afternoon of June 15, 2025. The incident was reported at approximately 3:42 PM, prompting an immediate response from local emergency services. The collision resulted in injuries, with emergency medical personnel quickly dispatched to the scene. The California Highway Patrol and Marin County Sheriff’s Office were among the first responders, working diligently to manage the situation and provide assistance to those affected. Two towing services were called to clear the debris and remove the damaged vehicles from the roadway. This unfortunate incident serves as a reminder of the importance of road safety and vigilance while driving. Motorists are advised to exercise caution and adhere to traffic regulations to prevent such accidents. Our thoughts are with the victims and their families during this difficult…
WASHINGTON, D.C. – Bugaboo North America has issued a recall for approximately 18,280 Giraffe Highchairs after reports that the seat can detach from the frame if not adequately secured, posing a risk of falls. According to the U.S. Consumer Product Safety Commission (CPSC), the company has received 22 reports of the highchair legs separating, with 13 cases resulting in injuries. The affected highchairs were sold online at Amazon.com, Bugaboo’s official website, Nordstrom, and other specialty retailers between May 2023 and April 2025. Contact The Ammons Law Firm for Legal Help Involving Defective Products Contact The Ammons Law Firm today for a free consultation to discuss your case and learn more about your legal options. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages caused by this defective product. The post Bugaboo Recalls Over 18,000 Defective Highchairs Due to Risk of Fall and…