Mission Product Holdings, Inc. v Tempnology, LLC [2019] HIPL 96 (SCUSA)

Petitioner Mission Product Holdings, Inc., entered into a contract with Respondent Tempnology, LLC, which gave Mission a license to use Tempnology's trademarks in connection with the distribution of certain clothing and accessories. Tempnology filed for Chapter 11 bankruptcy and sought to reject its agreement with Mission. Section 365 of the Bankruptcy Code enables a debtor to "reject any executory contract"—meaning a contract that neither party has finished performing. 11 U. S. C. §365(a).

By |2021-07-13T19:18:10+02:0013 July 2021|Case Law & Judgements, United States|

Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust v Led Zeppelin [2019] HIPR 90 (USCA)

In late 1966, a musician named Randy Wolfe wrote the song “Taurus”. A copyright for Taurus was filed in December 1967 and listed Randy Wolfe as the author. The band, Led Zeppelin, formed in 1968, performed at the same time as the band (Spirit) of which Randy Wolfe was a member. In late 1971, Led Zeppelin released its fourth album, one of the tracks on which was the hit classic “Stairway to Heaven,” which was written by two of the members of the group.

By |2021-07-13T19:15:32+02:005 July 2020|Case Law & Judgements, United States|

Merck Sharp & Dohme Corp v Actavis Laboratories FL Inc [2017] HIPR 44 (DCNJ)

This matter came before the Court on plaintiff Merck Sharp & Dohme Corp.'s ("Merck") motion for partial summary judgment on defendant Actavis Laboratories FL, Inc., Andrx Corp., and Actavis Pharma, Inc.'s (collectively "Actavis") inherent anticipation defense to claim 12 of U.S. Pat. 5,661,151 (the "'151 patent") (see Dkt. No. 89). The '151 patent is directed to synthesis and clinical use of an antifungal compound, posaconazole, which is used for treating and/or preventing fungal infections.

By |2021-07-13T19:13:43+02:005 July 2020|Case Law & Judgements, United States|

Fourth Estate Public Benefit Corp v Wall-Street.Com LLC [2019] HIPR 65 (SCUSA)

Petitioner Fourth Estate Public Benefit Corporation (Fourth Estate), a news organization, licensed works to respondent Wall-Street.com, LLC (Wall-Street), a news website. Fourth Estate sued Wall-Street and its owner for copyright infringement of news articles that Wall-Street failed to remove from its website after canceling the parties' license agreement.

By |2021-07-13T13:02:19+02:005 July 2020|Case Law & Judgements, United States|