Law360 named Williams & Connolly among its “Intellectual Property Practice Groups of the Year” for 2023, spotlighting two “precedent-setting” Supreme Court victories that “will affect copyright and trademark litigation for years to come.” In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Court held that the Andy Warhol Foundation’s use of a copyrighted photograph does not favor the Foundation’s fair use defense to copyright infringement. And in Jack Daniel’s Properties v. VIP Products, the Court held that the Lanham Act’s exclusion from liability for “[a]ny noncommerical use of a mark” does not shield parody, criticism, or commentary from a claim of trademark dilution, reversing the Ninth Circuit’s decision that a dog toy version of a Jack Daniel’s whiskey bottle does not infringe the company’s trademark rights. As noted by Law360, Williams & Connolly secured multiple victories on the patent front as well, including a bench trial victory in New Jersey federal court on behalf of Plaintiffs Teva Branded Pharmaceutical Products and Norton (Waterford) Ltd. in ANDA litigation concerning Plaintiffs’ Qvar®, an inhalant product approved for the treatment of asthma, as well as a win before the Patent Trial & Appeal Board in favor of Pfizer in challenging patent claims related to gene therapy for hemophilia B.
To read more about Williams & Connolly’s Patent Litigation practice, click here, and to learn more about the firm’s Copyright and Trademark group, click here.
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