Monte Cooper

Monte Cooper

Orrick, Herrington & Sutcliffe LLP

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Fruitful Harvest of Attorneys’ Fees and Sanctions for Farmville Creator Zynga

Order Granting Motion for Attorneys’ Fees: Granting Motion in Part for Sanctions, Segan LLC v. Zynga Inc., Case No. 14-cv-01315-VC (Judge Vince Chhabria) - We previously reported on the Segan v. Zynga case when Judge...more

9/17/2015 - Attorney's Fees Frivolous Lawsuits Motion for Summary Judgment Octane Fitness v. ICON Online Gaming Patent Infringement Patent Litigation Patents Rule 11 Sanctions SCOTUS Websites Zynga

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a...more

9/16/2015 - Algorithms Appeals Copyright Copyright Infringement Copyright Litigation Digital Media DMCA Fair Use Good Faith Music Industry Online Videos Software Takedown Notices The Copyright Act Universal YouTube

Federal Circuit Panel Expands Reach of §271(a) Liability for Divided Infringement

On remand from the U.S. Supreme Court, a unanimous en banc Federal Circuit panel in Akamai Technologies, Inc. v. Limelight Network, Inc., Nos. 2009-1372, -1380, -1416, -1417 (August 13, 2015) this week revised its standard...more

8/17/2015 - Akamai Technologies Covered Business Method Patents Divided Infringement En Banc Review Joint Venture Limelight Limelight v Akamai Patent Infringement SCOTUS

En Banc Federal Circuit Upholds ITC’s Broad Definition of Induced Infringement

Earlier this week, an en banc Federal Circuit interpreted the scope of Section 337 of the Tariff Act (19 U.S.C. § 1337), which proscribes importation of "articles that … infringe" a U.S. patent. (Suprema, Inc. v....more

8/13/2015 - ALJ Cease and Desist Orders Fingerprints Induced Infringement ITC Patent Infringement Patent Litigation Patents Software Software Developers Tariff Act of 1930

Third Time’s A Charm? Court Denies Motion to Dismiss and Anti-SLAPP Motion

Order Denying Defendants’ Motion to Dismiss and Anti-SLAPP Motion to Strike, Sonus Networks, Inc. v. Inventegry, Inc., C-15-0322 EMC (Judge Edward Chen) - Patent licensing company Inventegry, Inc. recently suffered some...more

8/10/2015 - Anti-SLAPP Breach of Contract Declaratory Judgments Huawei Motion To Strike Patent Infringement Patent Litigation Patents RICO Unfair Competition

Uber Takes A Ride Back To State Court: Federal Court Dismisses Conversion Claim, Remands Trade Secret Misappropriation Case Back...

Order on Motion to Remand, Kevin Halpern, et al., v. Uber Technologies, Inc., et al., 15-cv-02401-JSW (Magistrate Judge Jacqueline Corley) - Uber has faced its share of challenges of late, from the established taxi...more

8/7/2015 - Breach of Contract CA Supreme Court Conversion Intellectual Property Litigation Misappropriation Mobile Apps Popular Preemption Sharing Economy Taxi Cabs The Copyright Act Trade Secrets Uber

Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

8/3/2015 - Appeals Breach of Contract FRAND Germany Injunctions ITC Jury Trial License Agreements Microsoft Motorola Patent Infringement Patent Royalties Patents Popular Standards-Essential Patents

CEOs May Be at the “Apex” of Their Companies, But They Can Still Be Deposed

Order Re: Discovery Dispute, Finisar Corp. v. Nistica, Inc., Case No. 13-cv-03345-BLF (Magistrate Judge Jacqueline Scott Corley) - One of the more contentious issues in civil litigation involves the question of under...more

7/8/2015 - Depositions Discovery Patent Infringement Patents

Magistrate Judge Grewal Wrestles with Kessler

Report and Recommendation Denying Motion For Judgment On the Pleadings, Technology Properties Limited LLC v. Barnes & Noble, 3:12-cv-03863-VC (Magistrate Judge Grewal) - “Talk up anyone in the patent litigation...more

6/4/2015 - Barnes and Noble ITC Kessler Doctrine Patent Infringement Patents

When a Picture is Not Enough: Specificity of Infringement Contentions

Order Requiring Parties to Meet and Confer Regarding Infringement Contentions, Monolithic Power Systems, Inc. v. Silergy Corporation, et al., 14-cv-01745 (Magistrate Judge Westmore) - The cliché that “a picture is...more

6/3/2015 - Infringement Meet and Confer Patent Infringement Patent Litigation Patents Photographs

“And One”: Stricken Infringement Contentions Warrant Dismissal And Judgment of Non-Infringement

Order Entering Judgment, Blue Spike LLC v. Adobe Systems, Inc., 14-cv-01647 (Judge Yvonne Gonzales-Rogers) - Bay Area fans of the red-hot Golden State Warriors are familiar with basketball’s “and one” rule: if a player...more

5/29/2015 - Adobe Patent Infringement Patent Litigation Patents

Cooling Off Defendant’s Obviousness Case

Findings of Fact and Conclusions of Law; Order Entering Judgment for Plaintiff, Asetek Danmark A/S v. CMI USA, Inc., Case No. 13-cv-00457-JST (Judge Jon S. Tigar) - Questions of obviousness can present some of the most...more

5/4/2015 - Computer-Related Inventions Obviousness Patent Litigation Patents Prior Art

N.D. Cal Interprets the Biological Price Competition Act

Amgen Inc., et al. v. Sandoz Inc., et al., No. 14-cv-04741RS - On March 19, the Northern District of California became the first court to interpret two key provisions of the Biological Price Competition Act: whether...more

3/30/2015 - Appeals Biosimilars BPCIA FDA Pharmaceutical Pharmaceutical Manufacturers Pharmaceutical Patents Sandoz v Amgen

WHAT’S GOOD FOR THE GOOSE IS GOOD FOR THE GANDER – Parties Seeking To Depose Foreign-Based Witnesses In The U.S. Should Be...

Parties suing in the United States with foreign-based witnesses take heed, as you may find your foreign-based witnesses traveling to the United States for depositions. On February 12, 2015, Magistrate Judge Paul Grewal...more

3/11/2015 - Depositions Foreign Nationals International Travel Litigation Fees & Costs Travel Expenses Witnesses

There Is No “I”(P) in “Team”

Judge Donato Rule 12(c) motion granted; five patents found invalid for claiming an abstract concept: “the unremarkable concept of people working together on a project.” Open Text S.A. v. Box, Inc. et al. Case No....more

1/30/2015 - Abstract Ideas Alice Corporation Judgment on the Pleadings Patent-Eligible Subject Matter Patents

Federal Circuit Provides Important Guidance in RAND Disputes

On Dec. 4, 2014, the Federal Circuit issued a much-anticipated opinion in Ericsson, Inc. v. D-Link Sys., Inc., Nos. 2013-1625, -1631, -1632, -1633 (Fed. Cir. Dec. 4, 2014). The panel—consisting of Judges Kathleen O'Malley,...more

12/9/2014 - Ericsson Patent Litigation Patent Royalties Patents RAND Royalties Standard Essential Patents

Ultramercial Inc. v. Hulu, LLC: Federal Circuit Invites Early Challenges to Subject Matter Eligibility of Software Patents

Earlier this year, in Alice v. CLS Bank, the Supreme Court set out guidelines for determining whether patents claiming software and hardware features are statutorily eligible for patentability under 35 U.S.C. § 101. Following...more

11/21/2014 - CLS Bank v Alice Corp Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Software Ultramercial v Hulu

On Obtaining and Asserting Both Trade Secret and Patent Protection: The ITC and Federal Circuit Weigh In

We’ve written previously about how intellectual property owners can obtain both patent and trade secret protection in the same technology. A case out of the Federal Circuit illustrates that IP holders sometimes choose to...more

10/16/2014 - ITC Patents Technology Trade Secrets

UPDATE: A New Top 10 Disclosed Trade Secret Settlement

A new trade secrets settlement has shaken up our top 10 disclosed settlements of all time. Business Logic, a Chicago-based developer of financial software, reports that the investment firm Morningstar, Inc. has agreed to pay...more

7/21/2014 - Settlement Trade Secrets

Alice v. CLS Bank: A Unanimous Supreme Court Rules On When Computer Claims are Patent-Eligible Under 35 U.S.C. § 101

On June 19, 2014, the United States Supreme Court issued its opinion in Alice Corp. Pty. Ltd. v. CLS Bank International, No. 13-298, addressing the question of when patents claiming aspects of computer software satisfy the...more

6/25/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

It’s The Real Deal: California Court Finds Trade Secret Protection For Ideas

Here’s a small-time Silicon Valley inventor’s worst nightmare: he shops his technology to a large multi-national company, but the company declines to implement his idea as pitched. Instead, the multi-national company turns...more

5/20/2014 - Digital Signature Standards Idea Theft Silicon Valley Trade Secrets

Supreme Court Liberalizes Award of Attorney Fees in Patent Cases

Yesterday, describing the Federal Circuit's two-part test as "unduly rigid" and "impermissibly encumber[ing] the statutory grant of discretion to district courts," Justice Sonia Sotomayor delivered a pair of unanimous U.S....more

4/30/2014 - Attorney's Fees Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

U.S. Supreme Court Holds That Patentees Bear the Burden of Proof of Infringement in DJ Actions Brought by Licensee

A patentee bears the burden of proving infringement when a licensee seeks a declaratory judgment of non-infringement, the U.S. Supreme Court has held. The ruling reversed the Federal Circuit and clarified declaratory...more

1/28/2014 - Burden of Proof Evidence Genentech Infringement License Agreements MedImmune v Genentech Medtronic v Boston Scientific Medtronics Patent Infringement Patent Litigation Patents Royalties SCOTUS

Pulling Back The Veil: Top 10 Disclosed Trade Secret Settlements

Litigation settlements can often be shrouded in secrecy, and trade secret litigation settlements are no different. Parties are often sworn to confidentiality, and court dockets are typically silent on the amount of...more

10/16/2013 - SEC Settlement Trade Secrets

Reverse Payment Settlements Now Subject to Antitrust Scrutiny, But Lower Courts Left to Fill in the Blanks

Earlier this week in FTC v. Actavis, No. 12-416 (U.S. Jun. 17, 2013), the Supreme Court handed down its long-anticipated ruling on “reverse payment” or “pay-for-delay” agreements, holding that these agreements—while not...more

6/19/2013 - Antitrust Litigation FTC FTC v Actavis Generic Drugs Hatch-Waxman Patent Infringement Patents Pharmaceutical Reverse Payment Settlement Agreements

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