Siddhartha Venkatasen

Siddhartha Venkatasen

Orrick, Herrington & Sutcliffe LLP

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Don’t Bury Your Head in the Sand

Asetek Danmark A/S v CMI USA, Inc., Case No. 13-cv-00457 (JST) (Tigar, J) - Patent litigation can be an expensive process for a defendant. That is why it is tempting for a defendant to try to exit a case as early as...more

1/12/2016 - Motion To Stay Notice Requirements Patent Infringement Patent Litigation Permanent Injunctions

Summary of December 2015 Amendments to the Federal Rules of Civil Procedure

Amendments to the Federal Rules of Civil Procedure ("Rules") that took effect on December 1, 2015, are expected to impact numerous aspects of civil litigation, including service of process, discovery (including electronically...more

12/7/2015 - Default Judgment Discovery Electronically Stored Information Federal Rules of Civil Procedure Pleading Standards Service of Process Trial Preparation

RECAPPING THE NEW RULES – Amendments to the Federal Rules of Civil Procedure Are Effective

As we posted earlier this month, amendments to the Federal Rules of Civil Procedure (“Rules”) are effective December 1, 2015. The amendments apply to newly filed cases, as well as pending cases “insofar as just and...more

12/4/2015 - Discovery Electronically Stored Information Federal Rules of Civil Procedure Patent Litigation Pleadings Young Lawyers

Trade Secret Sauce: Trade Secrets, Not Copyright, Protect Chefs

While they say that a grand jury could “indict a ham sandwich,” the First Circuit recently reminded chefs that you can’t copyright a chicken sandwich. Specifically, a former employee of a Puerto Rican Church’s Chicken...more

9/18/2015 - Copyright Copyright Infringement Copyright Litigation Franchisee Franchises Franchisors Grand Juries Restaurant Industry Trade Secrets Uniform Trade Secrets Acts

No Amendments and No Stay

Adaptix v. ZTE Corporation, et al. (Magistrate Grewal) - Magistrate Grewal recently issued two orders in related cases between plaintiff Adaptix and various defendants. In the first order, he denied plaintiff’s...more

8/18/2015 - Inter Partes Review Proceedings Motion To Stay Patent Infringement Patent Litigation ZTE

Leave the Baggage Behind: Deciding How Much Party Background Is Admissible

Order on Motions in Limine, Finjan, Inc. v. Blue Coat Systems, Inc., Case No. 13-cv-03999 (Judge Beth Freeman) - Litigators know that, at trial, what you’re not allowed to say can sometimes be just as important as what...more

7/16/2015 - Georgia Pacific Motions in Limine Patent Assertion Entities Patent Infringement Patent Litigation Patent Royalties Patent Trolls Patents Settlement

No Bond for You: Patentee Not Entitled to Bond or Preliminary Injunction While Case Stayed Pending IPR

Order Granting Motion to Stay, Security People, Inc. v. Ojmar US, LLC, 14-cv-04968 (Judge Haywood Gilliam Jr.) - A recent opinion analyzes what relief, if any, a patentee is entitled to when its District Court case is...more

6/15/2015 - Intellectual Property Litigation Inter Partes Review Proceedings Motion To Stay Patent Litigation Patents Payment Bonds Preliminary Injunctions

Securing your Network: Claiming Contacts as Trade Secrets

The paradigmatic trade secret is something that is obviously technical, such as source code or the formula for Coke. Though trade secrets protection is not limited to technical trade secrets, it can sometimes be tricky to...more

6/9/2015 - Cal Code of Civil Procedure Contacts List Customer Lists Discovery Trade Secrets

Judge Donato Refuses to Let the Tail Wag the Dog

Order Directing Entry of Partial Judgment Under FRCP 54(b), Largan Precision Co., Ltd., v. Genius Electronic Optical Co., Ltd., Case No. 13-cv-02502-JD (Judge James Donato). In a recent order directing entry of partial...more

5/8/2015 - Intellectual Property Litigation Patent Infringement Rule 54(b) Summary Judgment

March 2015 Recap

March 2015—like January and February—saw decisions on a variety of fronts from ND Cal judges. ND Cal judges demonstrated their willingness to apply the Supreme Court’s decisions in Nautilus and Alice to invalidate patents on...more

4/13/2015 - Biosimilars BPCIA CFAA Patent Litigation Patent-Eligible Subject Matter Patents Pharmaceutical Industry Sandoz v Amgen Trade Secrets

Inside Job – Judge Labson Freeman Applies the CFAA Restrictively

Koninklijke Phillips N.V., et. al. v. Elec-Tech Int’l Co., Ltd., et al.,, Case No. 14-cv-02737 (BLF) (March 20, 2015) - Plaintiff Koninklijke Phillips N.V. (Phillips) and its subsidiary Phillips Lumileds Lighting...more

4/6/2015 - CFAA Misappropriation State Law Claims Technology Trade Secrets

Shedding Light on How to Plead Inequitable Conduct

Order Denying Motion to Dismiss. iLife Technologies Inc. v. AliphCom, Case No. 14-cv-03345-WHO - Pleading inequitable conduct—fraud on the Patent Office (PTO) by withholding or misrepresenting material information—can...more

3/11/2015 - Inequitable Conduct Misrepresentation Patent Infringement Patent Litigation Patents Pleading Standards

Snow Joke: The Weather Channel Zaps Trade Secrets Misappropriation Claims

We have written before about business collaborations gone sour that lead to trade secret misappropriation lawsuits.  In a recent example, The Weather Channel convinced a court to wash away claims that its use of data from a...more

3/9/2015 - Breach of Contract License Agreements Misappropriation Trade Secrets

Roses Are Red, Violets Are Blue, Giving Someone Trade Secrets Injures the Owner, and Using Them Does Too

How do two companies end up liable for nearly $50 million in damages relating to confidential, trade secret materials? Like many romances gone awry, this tale arose from actions taken under cover of secrecy that did not look...more

8/4/2014 - Hallmark Theft Trade Secrets UTSA

Ruling in Eastern District of Texas Sets the Stage for the Federal Circuit to Revisit Fresenius v. Baxter

Versata Software, Inc. et al. v. SAP America, Inc. et al., Case No. 2:07cv153-RSP (E.D. Tex.) - Versata v. SAP has been a dispute that the patent bar has followed with interest because it spawned the very first Covered...more

4/24/2014 - America Invents Act Covered Business Method Patents Fresenius Patent Litigation Patent Trial and Appeal Board

U.S. v. Yeh Illustrates The Challenges In International Trade Secrets Cases

On March 14, 2014, a Texas jury acquitted former Texas Instruments (“TI”) employee Ellen Chen Yeh on all counts brought against her arising from her admitted downloading of Texas Instruments proprietary information before...more

4/11/2014 - Employment Policies Texas Instruments Trade Secrets

CYBERSECURITY UPDATE: New Rules Require Defense Contractors To Protect Technical Information

The U.S. Department of Defense issued final rulemaking on November 18, 2013 that will require DOD contractors to protect from attack confidential technical information on their computer systems, and to report and cooperate...more

11/26/2013 - Contractors Cyber Attacks Cybersecurity Data Protection Department of Defense (DOD)

UPDATE: California Bill Requiring Fracking Chemical Disclosure Advances In Legislature

California is one step closer to requiring energy companies to disclose to state regulators the chemicals they use in hydraulic fracturing, also known as “fracking.”...more

6/3/2013 - Chemicals Disclosure Requirements Fracking Hazardous Substances Proposed Legislation

Time For The White House To Step In? Patchwork State Fracking Regulations Will Spawn FOIA And Trade Secrets Lawsuits

With a growing number of states demanding disclosure of its fracking recipes, the oil and gas industry is fighting to plug what it views as government-mandated leaks in its trade secrets pipeline....more

5/15/2013 - Disclosure FOIA Fracking Trade Secrets

The Ninth Circuit Clarifies Safe Harbor Rules in Veoh Victory

Last week, the Ninth Circuit further clarified the scope of the Digital Millennium Copyright Act’s (“DMCA”) safe harbor provision for online content providers. See UMG Recordings, Inc. v. Shelter Capital Partners LLC, No....more

3/20/2013 - Copyright DMCA Infringement Safe Harbors Veoh

Congress to Consider New 'Patent Troll' Legislation

On February 27, Congressional Representatives Peter DeFazio, D-Oregon, and Jason Chaffetz, R-Utah, introduced a proposed bill intended to curb litigation initiated by Non-Practicing Entities (NPEs), or “patent trolls.” NPE...more

3/5/2013 - Attorney's Fees Legal Costs Patent Trolls Patents Proposed Legislation SHIELD Act

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