Intellectual Property Report
Client Updates
Patent Venue: Mapping the contours of “a regular and established pace of business”
Puneet Kohli
The Federal Circuit’s recent opinion in Andra Grp., LP v. Victoria's Secret Stores, L.L.C. sheds light on what may qualify as “a regular and established place of business” under the patent venue statute—an inquiry that has received much attention since the Supreme Court’s 2017 landmark decision in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514, 1517 (2017). 6 F.4th 1283 (Fed. Cir. 2021).
To read the full article, click here.
End of an Era of “No Consequences” for “Made in USA” Fraudsters, as New FTC Labelling Rule Comes into Effect
Suzi Hengl, Pallavi Mathur
In a win for consumers and small businesses, a new labelling rule enables the Federal Trade Commission (“FTC”) to seek – for the first time – civil penalties for false, unqualified claims on labels stating that a product originated in the United States. The Made in USA “MUSA” Labeling Rule went into effect on August 13, 2021 and codifies the FTC’s long-standing “all or virtually all standard” for products with labels indicating, without qualification, that a particular good or part was made in the United States. By formally codifying the MUSA Rule, the FTC may now pursue a broader set of remedies than in years past, including the ability to seek redress, damages, and civil penalties of up to $43,280 per violation. The Rule aims to shelter consumers from misleading labeling practices and sanction fraudulent imitators in favor of small businesses relying on the MUSA label. The MUSA Rule’s adoption signals a “long overdue” shift to the labelling regulatory landscape, shaped by decades of weak enforcement practices, in which, as FTC Commissioner Rohit Chopra notes, “violators faced essentially no consequences whatsoever.” This shift fits squarely into the Biden Administration’s reinvigoration of the FTC’s rulemaking authority to promote competition in the American economy. Notably, this enhancement in the FTC’s enforcement authority does not translate to increased obligations for manufacturers and sellers.
To read the full article, click here.
Podcast: BCLT's Careers in Tech Law Series - Patent Venue Challenges: What Discovery Can You Expect in Light of Expanded Remote Work?
Sarah Guske
Patent venue challenges often turn on a company's operations within a particular venue. As companies permit and even encourage remote work, this venue analysis may be changing. And with remote work growing in the Austin area, what can you anticipate happening in the Western District of Texas?
To listen to the podcast, click here.
*This podcast was posted on July 27, 2021 in BCLT's Careers in Tech Law Series.
Puneet Kohli
The Federal Circuit’s recent opinion in Andra Grp., LP v. Victoria's Secret Stores, L.L.C. sheds light on what may qualify as “a regular and established place of business” under the patent venue statute—an inquiry that has received much attention since the Supreme Court’s 2017 landmark decision in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514, 1517 (2017). 6 F.4th 1283 (Fed. Cir. 2021).
To read the full article, click here.
End of an Era of “No Consequences” for “Made in USA” Fraudsters, as New FTC Labelling Rule Comes into Effect
Suzi Hengl, Pallavi Mathur
In a win for consumers and small businesses, a new labelling rule enables the Federal Trade Commission (“FTC”) to seek – for the first time – civil penalties for false, unqualified claims on labels stating that a product originated in the United States. The Made in USA “MUSA” Labeling Rule went into effect on August 13, 2021 and codifies the FTC’s long-standing “all or virtually all standard” for products with labels indicating, without qualification, that a particular good or part was made in the United States. By formally codifying the MUSA Rule, the FTC may now pursue a broader set of remedies than in years past, including the ability to seek redress, damages, and civil penalties of up to $43,280 per violation. The Rule aims to shelter consumers from misleading labeling practices and sanction fraudulent imitators in favor of small businesses relying on the MUSA label. The MUSA Rule’s adoption signals a “long overdue” shift to the labelling regulatory landscape, shaped by decades of weak enforcement practices, in which, as FTC Commissioner Rohit Chopra notes, “violators faced essentially no consequences whatsoever.” This shift fits squarely into the Biden Administration’s reinvigoration of the FTC’s rulemaking authority to promote competition in the American economy. Notably, this enhancement in the FTC’s enforcement authority does not translate to increased obligations for manufacturers and sellers.
To read the full article, click here.
Podcast: BCLT's Careers in Tech Law Series - Patent Venue Challenges: What Discovery Can You Expect in Light of Expanded Remote Work?
Sarah Guske
Patent venue challenges often turn on a company's operations within a particular venue. As companies permit and even encourage remote work, this venue analysis may be changing. And with remote work growing in the Austin area, what can you anticipate happening in the Western District of Texas?
To listen to the podcast, click here.
*This podcast was posted on July 27, 2021 in BCLT's Careers in Tech Law Series.
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