David Bohrer

David Bohrer

Valorem Law Group LLC

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Unlike California, New Federal Trade Secret Law Offers Right to Jury Trial on Reasonable Royalty Damages

The new Defend Trade Secrets Act (DTSA) became law on May 11, 2016 and applies to any misappropriation that occurs on or after that date. Although the DTSA creates a federal, civil remedy for trade secret...more

6/1/2016 - Asset Seizure Damages Defend Trade Secrets Act (DTSA) Ex Parte Forum Shopping Jury Trial Misappropriation Preemption Private Right of Action Royalties Trade Secrets Unjust Enrichment UTSA

Wave of Federal Trade Secret Decisions Soon to Hit State Courts

Late yesterday, the House of Representatives joined the Senate in passing a sweeping new statute that creates a new federal civil cause of action for trade secret theft. The new statute, called the Defense of Trade Secrets...more

4/29/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Ex Parte Misappropriation Pending Legislation Private Right of Action Trade Secrets Uniform Trade Secrets Acts

Amendments to Civil Procedure Rules: Ending Patent Practice of Bludgeoning First and Valuing Later

The Dec 2015 amendments to the Federal Rules of Civil Procedure call for greater effort on the part of the court and the parties to ensure that the time and expense invested in a case is proportional to value of the case. ...more

4/25/2016 - Federal Rules of Civil Procedure New Amendments Patent Litigation Patents

New Federal Trade Secret Law is Pro Employee Mobility and Rejects Inevitable Disclosure

Proposed legislation creating a federal cause of action for trade secret misappropriation is on the fast track to becoming law, as described in James Pooley’s excellent post What You Need to Know About the Amended Defend...more

2/11/2016 - Defend Trade Secrets Act (DTSA) Inevitable Disclosure Doctrine Injunctive Relief Misappropriation Non-Compete Agreements Pending Legislation Trade Secrets

Loser Does Not Pay for AIA Costs

Trend is patent litigation loser pays fees or costs – but not this time (courtesy Google Images). The significant filing fees spent by an accused infringer on a successful American Invents Act (AIA) review are not...more

1/12/2016 - America Invents Act Covered Business Method Patents Filing Fees Frivolous Lawsuits Litigation Fees & Costs Patent Infringement Patent Trial and Appeal Board Patents Rule 54 Software Patents

Possibility of More Reform Spurs Increase in Patent Case Filings

Lex Machina’s Spring 2015 Patent Case Filing Trends: "Patent case filings have been generally higher in the first five months of 2015 than in the last 8 months of 2014. May of 2015 had the most patent cases filed on any...more

7/14/2015 - Patent Infringement Patent Litigation Patent Reform Patents Pending Legislation Post-Grant Review Validity

In Rush to Invalidate Patents at Pleadings Stage, Are Courts Coloring Outside the Lines?

OIP Technologies v. Amazon.com and IPC v. Active Network are the most recent of a growing number of decisions dismissing software and business method patent lawsuits on the pleadings. In these decisions, the courts are...more

6/26/2015 - Abstract Ideas Amazon Covered Business Method Patents Non-Practicing Entities Patent Invalidity Patent Litigation Patents Software

Patent Litigation Fee Awards: Hourly-Based Lodestar Trumps AFAs

Now that it is easier for prevailing parties in a patent litigation to recover attorney fees [see our previous post], how likely is that that fees paid under some form of non-hourly arrangement – for example flat fees,...more

5/14/2015 - Alternative Fee Arrangements Attorney's Fees Lodestar Method Patent Litigation Patents

Recover Flat Fees (or Not) As Prevailing Party in Patent Litigation

We have entered a new era where the prevailing party in a patent litigation has much better odds of recovering their attorney fees. “Until recently, winning hasn’t felt much like winning, particularly for defendants.” (Judge...more

4/28/2015 - Attorney's Fees Intellectual Property Litigation Octane Fitness v. ICON Patent Litigation Patents Prevailing Party SCOTUS

5 Things to Save Time (and Client $) When Using Hague Service Convention

Filed under “wisdom borne of pain” — five things about using the Hague Service Convention that lop hours off of the time spent serving a foreign company in a US-based litigation....more

3/16/2015 - America Invents Act Hague Convention IP Litigation Patents Service of Process

Lost Profit Damages Alive and Well in Patent Cases

While the pendulum has clearly swung in favor of limiting recovery of patent infringement damages, most notably in patent cases where non-practicing entities seek reasonable royalty damages, lost profits damages are not among...more

8/13/2014 - Lost Profits Patent Infringement Patent Litigation Patents

Filing Damage Expert's Reports Under Seal: Some Bright Line Rules

There are two trends increasing the costs of patent litigation. The first is the increased use of Daubert motions to exclude the opinion of opposing damage experts as unqualified or unreliable. The practical result...more

1/7/2014 - Daubert Hearing Expert Testimony Expert Witness Sealed Records

Patent Troll Required to Explain "Sham Venue" and "Sham Employees" to the Jury

Judge Alsup of the ND California clearly embraces the concept that "judges already have the authority to curtail [non-practicing entity patent litigation] practices: they can make trolls pay for abusive litigation." ...more

9/24/2013 - Jury Trial Patent Trolls Patents

Awarding e-Discovery Costs to Prevailing Party: Billing Descriptions Dictate What is Recoverable

E-discovery costs incurred by the prevailing party – easily running into the hundreds of thousands of dollars in complex commercial and IP litigations – may be compensable under 28 U.S.C. § 1920(4)....more

7/19/2013 - Billing Complex Litigation Intellectual Property Litigation Jury Awards Legal Costs

Comparing Suicide Pricing by Lawyers and Antitrust Claims for Below-Cost Pricing

Seemingly unrelated, the WSJ’s discussion of antitrust claims challenging below-cost pricing (Antitrust Busters with Gavels, 4/26/2013) and the Internet tabloid Above the Law’s discussion of increased use of “suicide pricing”...more

4/29/2013 - Antitrust Investigations Pricing Requirements Suicide Unfair Pricing

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