This case tested the contours of the landmark Google v. Oracle computer software code fair use decision. Astronics, a military aerospace contractor, was accused of copying code from Teradyne, a competitor, in order to ensure...more
This case serves as a good reminder that non-competes are not dead in the U.S. Despite the publicity around the FTC's ban on non-competes (which has been enjoined by two district courts for now), states remain free to...more
In a closely watched case, the 2d Circuit upheld a decision that Internet Archive's book lending practices violated the authors' copyrights and was not protected by the fair use doctrine. But was this decision really just...more
In a case involving the secret formula used to make the sweetener for Coke Zero, the manufacturer of the sweetener sought to patent the formula after first selling the artificial sweetener to Coca-Cola. While the manufacturer...more
Judge Colm Connolly in the District of Delaware has been pressing many of the patent trolls (LLCs that only own 1 asset - the asserted patent with nominal managers who are just strawmen) who sue in his court to reveal the...more
Traditionally, the Federal Circuit had been very strict that a plaintiff must own all the rights to a patent to have standing to bring a lawsuit. But in a few recent cases, the Federal Circuit has become more generous in its...more
At first, many people jumped to the conclusion that this upcoming U.S. Supreme Court case threatens corporate separateness by putting corporate affiliates, who were not part of the lawsuit, at risk of having to pay the...more
In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....more
2/9/2024
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
DMCA ,
Intellectual Property Protection ,
Machine Learning ,
Metaverse ,
Motion to Dismiss ,
Popular ,
Technology Sector
Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source code, and algorithms as trade secrets. But tech companies may not be aware of another...more
The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain...more
After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of the United States finally put an end to the copyright infringement case Oracle brought against Google. The case was about...more
7/16/2021
/ Continuing Legal Education ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Google ,
Intellectual Property Litigation ,
Java ,
Oracle ,
Oracle v Google ,
Popular ,
SCOTUS ,
Transformative Use ,
Webinars
In January 2020, we wrote a Law360 guest article that highlighted some of the risks that followed Wells Fargo Bank NA's strategy in its patent dispute with the United Services Automobile Association over remote deposit check...more
2/1/2021
/ Bank Deposits ,
Banking Sector ,
Banks ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Jury Verdicts ,
Mobile Banking ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
USAA ,
Wells Fargo
A 7-person jury in Waco, Texas, recently returned its verdict in the first patent trial held before Judge Albright: defense verdict, no finding of infringement. In the MV3 Partners v. Roku dispute, MV3 Partners had sought...more
10/23/2020
/ Corporate Counsel ,
Defense Verdict ,
Evidence ,
Expert Testimony ,
Expert Witness ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Roku
United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018,...more
2/5/2020
/ Bank Deposits ,
Banking Sector ,
Banks ,
Covered Business Method Patents ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Jury Trial ,
Mobile Apps ,
Mobile Banking ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Popular ,
Section 101 ,
Smartphones ,
Technology ,
USAA ,
Wells Fargo
In the first two parts of this series on best practices in protecting trade secrets, we addressed risks raised by the arrival and departure of key employees at companies, and failed potential customer-supplier or acquisition...more
United States Automobile Association (USAA), a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families, filed a surprising...more
11/22/2019
/ Abstract Ideas ,
Bank Deposits ,
Banking Sector ,
Concurrent Litigation ,
Consumer Insurance Products ,
Covered Business Method Proceedings ,
Defense Strategies ,
Dismissals ,
Enhanced Damages ,
Expert Witness ,
Inter Partes Review (IPR) Proceeding ,
Judgment on the Pleadings ,
Jury Verdicts ,
Military Service Members ,
Mobile Apps ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Section 101 ,
Section 102 ,
Section 103 ,
Treble Damages ,
USAA ,
Wells Fargo ,
Willful Infringement
In part one of this three-part series on best practices for protecting trade secrets and guarding against claims of trade secret misappropriation, we examined some practice pointers for protecting trade secrets when key...more
Picture this: Your company is in a highly competitive industry with several leading players heavily supported by major corporate investors and/or venture capital funds. The market is expected to generate potentially hundreds...more
10/8/2019
/ Best Practices ,
Confidential Information ,
Electronic Devices ,
Employment Contract ,
Forensic Examination ,
Hiring & Firing ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Patents ,
Recruitment Policies ,
Risk Mitigation ,
Termination Clauses ,
Trade Secrets ,
Trademarks
On January 17, the Northern District of California approved the latest amendments to its Patent Local Rules, which became effective immediately. Traditionally seen as a thought leader on organizing and structuring patent...more
2/2/2017
/ Amended Rules ,
Calculation of Damages ,
Case Management ,
Damages ,
Discovery ,
FRAND ,
IP License ,
Local Rules ,
Offer of Judgment ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Rule 68
December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more
12/30/2016
/ Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Certiorari ,
Cisco ,
Component Parts Doctrine ,
Copyright ,
Copyright Infringement ,
Design Patent ,
Doctrine of Scénes á Faire ,
Forum Shopping ,
Google ,
Internet ,
Internet of Things ,
Java ,
Oracle ,
Oracle v Google ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Profits ,
Remand ,
Reversal ,
SCOTUS ,
Silicon Valley ,
Smartphones ,
TC Heartland LLC v Kraft Foods ,
Venue
On November 10, a panel of the Federal Circuit reversed a landmark ITC decision blocking the importation of digital information that infringes a patent. This decision has potential ramifications for a wide-range of companies...more
11/16/2015
/ Administrative Law Judge (ALJ) ,
Chevron Deference ,
Copyright ,
Electronic Data Transmissions ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Infringement ,
Patents ,
Reversal ,
Section 337 ,
U.S. Customs
As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more
9/30/2015
/ Android ,
Antitrust Violations ,
Arbitration ,
Business Partners ,
Choice-of-Law ,
Competition ,
Contract Drafting ,
Contract Terms ,
Damages ,
Dispute Resolution ,
Estoppel ,
Exclusive Dealing Agreements ,
Exclusive Licenses ,
Forum Selection ,
Google ,
Indemnity Agreements ,
Intellectual Property Protection ,
IP License ,
Joint Venture ,
License Agreements ,
Loss Allocation ,
Manufacturers ,
Market Power ,
Patent Exhaustion ,
Patent Infringement ,
Patents ,
Popular ,
Quanta ,
Royalties ,
Rules of Civil Procedure ,
Sales & Distribution Agreements ,
Scope of License ,
Sherman Act ,
Suppliers ,
Technology ,
Voluntary IP Agreements ,
Young Lawyers
On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. (Case No. 2011-1301), a closely watched dispute regarding the standard for patent eligibility under 35 U.S.C. § 101. The per...more
On Friday, February 8, the Federal Circuit heard oral arguments en banc in CLS Bank v. Alice Corp. (Case No. 2011-1301), a closely watched dispute regarding the standard for patent eligibility under 35 U.S.C. § 101. The...more