Michael Simons

Michael Simons

Akin Gump Strauss Hauer & Feld LLP

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New Trade Secret Protections to Become Law

After several years of consideration of possible civil federal trade secret legislation in Congress, the Defend Trade Secrets Act of 2016 (S. 1890) passed with significant bipartisan support in the Senate on April 4, 2016...more

4/29/2016 - Defend Trade Secrets Act (DTSA) Economic Espionage Act Obama Administration

IP Newsflash - April 2016 #2

DISTRICT COURT - Expert’s Failure to Disclose Certain Materials Relied upon in Forming Opinion Warrants Mistrial - On February 29, 2016, Judge Robert Payne of the Eastern District of Virginia declared a mistrial as...more

4/11/2016 - Attorney's Fees Claim Construction Declaratory Judgments Expert Testimony Federal Rules of Civil Procedure Inequitable Conduct Joinder Mistrial Nvidia Patent Infringement Personal Jurisdiction Samsung

IP Newsflash - April 2016

FEDERAL CIRCUIT - Federal Circuit Lacks Authority to Review Denial of Institution of IPR on Some, but Not All, Raised Grounds - In an appeal of a decision by the Patent Trial and Appeal Board (PTAB) denying the...more

4/4/2016 - Administrative Procedure Act Discovery Inter Partes Review Proceedings Patent Trial and Appeal Board Petition For Rehearing Social Networks

IP Newsflash - March 2016 #4

SUPREME COURT CASES - Sequenom Seeks Supreme Court Review of Diagnostic Claims Held Invalid Under § 101 - On Monday, March 21, 2016, Sequenom, Inc. filed a petition for writ of certiorari in Sequenom, Inc. v. Ariosa...more

3/28/2016 - Estoppel ITC Patent Litigation Prior Art Section 101 Sequenom

IP Newsflash - March 2016 #3

FEDERAL CIRCUIT CASES - “Bust!” — Federal Circuit Deals Tough News to Inventors of Card Game - The Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) determination of unpatentability for claims...more

3/21/2016 - CLS Bank v Alice Corp Expert Testimony Forum Non Conveniens Mayo v. Prometheus Patent Infringement Patent Invalidity Patent-Eligible Subject Matter Section 101

IP Newsflash - March 2016 #2

FEDERAL COURT CASES - Patent Agent-Client Communications Now Afforded Some Degree of Privilege Protection - The Federal Circuit, in a 2-1 opinion, and for the first time, recognized the protection of communications...more

3/14/2016 - Patent Agent Privilege Patent Applications

IP Newsflash - March 2016

DISTRICT COURT CASES - New York Court Invalidates Targeted-Advertising Patents under Alice - A federal judge in the Southern District of New York granted counterclaim-defendant TNS’s motion for summary judgment...more

3/10/2016 - Advertising CLS Bank v Alice Corp Gilead Sciences Inter Partes Review Proceedings Merck Obviousness Pharmaceutical Patents Prior Art Symantec

IP Newsflash - February 2016 #4

FEDERAL CIRCUIT CASES - Federal Circuit Affirms its pre-Quanta and Kirtsaeng Precedent on Patent Exhaustion for Restricted Domestic Sales and Foreign Sales - In a long-awaited en banc decision, the Federal Circuit...more

2/22/2016 - En Banc Review Laches Lexmark Noninfringement Patent Exhaustion Patent Infringement

IP Newsflash - February 2016 #3

SUPREME COURT CASES - The Supreme Court Denies Cert Challenging the Use of Third-Party Registrations and Website Printouts as Evidence of Actual Use - The U.S. Supreme Court denied New Millennium Sports, S.L.U.’s...more

2/18/2016 - Apple Fashion Industry Inter Partes Review Proceedings Myriad-Mayo Patent Litigation Petition for Writ of Certiorari Trademark Litigation Trademark Trial and Appeal Board

IP Newsflash - February 2016 #2

SUPREME COURT CASES - Post-Complaint Events or Transactions Cannot Cure Prudential Standing Defects - The U.S. Supreme Court denied Alps South’s writ to review the Federal Circuit’s decision that the company lacked...more

2/8/2016 - AbbVie Apple CLS Bank v Alice Corp Inter Partes Review Proceedings Patent-Eligible Subject Matter Pharmaceutical Patents Prior Art Royalties Standing Willful Infringement Writ of Mandamus

IP Newsflash - February 2016

FEDERAL CIRCUIT CASES - Federal Circuit Strikes Down Award of Attorneys’ Fees - In a decision that rejects a recent trend of district courts’ willingness to award attorneys’ fees since the Supreme Court’s 2014...more

2/2/2016 - Apple Attorney's Fees Claim Construction CLS Bank v Alice Corp Covered Business Method Proceedings CVS Estoppel Exceptional Case Inter Partes Review Proceedings Internet Streaming LG Electronics Patent Infringement

IP Newsflash - January 2016 #2

SUPREME COURT CASES - U.S. Supreme Court Will Review PTAB’s Claim Construction Standard - The U.S. Supreme Court has decided to review the claim construction standard used by the Patent Trial and Appeal Board (PTAB)...more

1/26/2016 - Broadest Reasonable Interpretation Standard Claim Construction Costco Cuozzo Speed Technologies v Lee Inter Partes Review Proceedings Patent Trial and Appeal Board Patent-Eligible Subject Matter Pet Smart SCOTUS

IP Newsflash - January 2016

SUPREME AND FEDERAL COURT CASES - U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine - The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more

1/18/2016 - America Invents Act Apple Claim Construction CLS Bank v Alice Corp IPR JMOL Kessler Doctrine Office Depot Patent Infringement Patent Invalidity Prior Art SCOTUS Software VoIP Wal-Mart

IP Newsflash - December 2015

DISTRICT COURT CASES - Claim Construction in PTAB Order Denying Petition for Inter Partes Review Does Not Have Preclusive Effect in District Court - On December 15, 2015, Judge Sleet in the District Court for the...more

12/18/2015 - Claim Construction Claim Preclusion Inter Partes Review Proceedings Patent Trial and Appeal Board

Amendments to the Federal Rules of Civil Procedure Effective December 1, 2015

If you read only this… - New amendments to the Federal Rules of Civil Procedure became effective December 1, 2015, governing all subsequent civil cases and all proceedings currently pending, to the extent such...more

12/11/2015 - Discovery Electronically Stored Information Evidence Federal Rules of Civil Procedure Litigation Strategies Trial Preparation

“RAND-based Damages Analysis Applies to ALL Standard Essential Patents”

If you read one thing... The Federal Circuit held that its RAND-based damages analysis applies to all standard essential patents, even when there is no RAND commitment by the patent holder....more

12/9/2015 - Cisco Patent Litigation Patent Royalties Patents RAND Standard Essential Patents

IP Newsflash - October 2015 #3

DISTRICT COURT CASES - Mobile Device Data Monitoring Patent Not Directed to Abstract Idea Under § 101 - On October 26, 2015, Judge Sparks of the Western District of Texas denied defendant’s motion for summary...more

10/30/2015 - Abstract Ideas Mobile Devices Motion for Summary Judgment Patent Litigation Patent Trial and Appeal Board Patents Software

IP Newsflash - October 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Reversed a District Court’s Grant of Summary Judgment for Lack of Standing in an Inventorship Dispute - On October 2, 2015, the Federal Circuit reversed a district court’s...more

10/9/2015 - Article III Inventors Patent Ownership Patents Reputation Management Standing Summary Judgment

IP Newsflash - October 2015

FEDERAL CIRCUIT CASES - Federal Circuit Remands Case For New Damages Trial in Design Patent Case - On Tuesday, September 29, 2015, the Federal Circuit remanded a case for a new damages trial in a design patent...more

10/2/2015 - Appeals Design Patent Evidence Federal Rules of Evidence Hearsay Obviousness Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Remand

IP Newsflash - September 2015 #4

DISTRICT COURT CASES - Judge Gilstrap, in the Eastern District of Texas, Grants Defendants’ Rule 12(b)(6) Motions to Dismiss under 35 U.S.C. § 101 - On September 21, 2015, Judge Gilstrap in the Eastern District of...more

9/25/2015 - Motion to Dismiss Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Samsung Section 101

IP Newsflash - September 2015 #3

DISTRICT COURT CASES - Northern District of California Orders Plaintiff to Pay $1.19 Million in Attorneys' Fees in "Objectively Baseless" IP Case - On Friday, September 11, 2015, U.S. District Judge Vince Chhabria...more

9/18/2015 - Attorney's Fees IP Litigation Patent Infringement Patent Litigation Patents Zynga

IP Newsflash - September 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Reverses Obviousness Ruling on Medical Device Patents - On September 8, 2015, the Federal Circuit reversed a district court’s summary judgment ruling invalidating three...more

9/11/2015 - Attorney's Fees Cox Communications Exceptional Case Federal Rules of Civil Procedure Medical Devices Obviousness Patent Invalidity Patent Litigation Patents Reversal Rule 54(b) Sprint Telecommunications

IP Newsflash - September 2015

DISTRICT COURT CASES - Minnesota Court Awards Octane Fitness $1.7 Million in Attorney Fees and Costs - In the seminal case establishing a lower standard for attorney fees in “exceptional” patent cases—Octane Fitness...more

9/8/2015 - America Invents Act Anti-Patent Trolls Attorney's Fees Counterclaims Covered Business Method Patents Demand Letter Exceptional Case Inter Partes Review Proceedings MasterCard Method Claims Motion to Amend Octane Fitness v. ICON Patent Litigation Patent Trial and Appeal Board Patent Trolls Patents Prior Art

Federal Circuit Broadens the Reach of Divided Infringement

If you read one thing... - The Federal Circuit revisited the law of divided infringement under § 271(a) after the Supreme Court remanded the case, noting that the Federal Circuit may have previously been “too narrowly...more

8/25/2015 - Akamai Technologies Contract Terms Divided Infringement En Banc Review Limelight Limelight v Akamai Patent Infringement Patents Remand SCOTUS

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