Teri Nguyen

Teri Nguyen

McDermott Will & Emery

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Claim Differentiation Fails to Save Patentees from Their Own Words

Cardsoft, LLC v. Verifone, Inc.; World Class Technology Corp. v. Ormco Corp. - In each of two essentially contemporaneous decisions, the U.S. Court of Appeals for the Federal Circuit rejected the patentee’s contentions...more

11/26/2014 - Claim Construction Patent Litigation Patents

A Hypothetical-License Damages Theory Must Be Rooted in Non-Hypothetical Evidence

Oracle Corporation v. SAP AG - The U.S. Court of Appeals for the Ninth Circuit has explained that a copyright owner is not required to show that it actually would have granted a license to the defendant before it can...more

11/24/2014 - Appeals Calculation of Damages Copyright Copyright Infringement Damages IP License License Agreements Oracle SAP America Inc.

A Warehouse Full of Unapproved Genetically-Modified Seeds; Now What?

Syngenta Seeds, Inc. v. Bunge North America, Inc. - The U.S. Court of Appeals for the Eighth Circuit addressed allegations of breach and false advertising against an agricultural product storage and transport company,...more

11/3/2014 - Appeals Breach of Contract Exports False Advertising Genetically Engineered Seed GMO

Stop the Music (or Be Vicariously Liable)

Broadcast Music, Inc., et al v. Meadowlake, Ltd. - The U.S. Court of Appeals for the Sixth Circuit found a restaurant owner personally liable where the restaurant played recorded and live music without authorization,...more

8/18/2014 - Copyright Copyright Infringement Music Music Industry Popular The Copyright Act

Exaggerated Allegations Based on Essentially No Evidence Equals Rule 11 Sanctions - Heller v. Cepia L.L.C.

The U.S. Court of Appeals for the Ninth Circuit affirmed the imposition of Rule 11 sanctions of $5,000 on a plaintiff’s attorney for exaggerating allegations in a complaint. As the court explained, the mere “presence of some...more

4/9/2014 - Abuse of Discretion Evidence Rule 11 Sanctions

No Non-Organic Mushrooms Welcome Here! - Hokto Kinoko Co. and Hokuto Co., Ltd. v. Concord Farms, Inc.

Addressing the issue of whether an importer of non-organic mushrooms from a Japanese producer infringed a trademark owned by the U.S. subsidiary of the Japanese producer, the U.S. Court of Appeals for the Ninth Circuit upheld...more

2/5/2014 - Organic Trademark Litigation Trademarks

Innocent Bystanders of Cybersquatting: Neutral Domain Name Registrars - Petroliam Nasional Berhad (Petronas) v. GoDaddy.com, Inc.

Addressing for the first time the issue of whether the Anticybersquatting Consumer Protection Act (ACPA), which added two cybersquatting causes of action to the Lanham Act, provides for secondary liability, the U.S. Court of...more

1/6/2014 - ACPA Cybersquatting Domain Names

IP Update, Vol. 16, No. 8, August 2013

President Disapproves ITC Exclusion Order - For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission (ITC) has been disapproved by the...more

8/29/2013 - Copyright Exclusion Orders ITC Mobile Devices Patents Trademarks

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