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Alternative Dispute Resolution (ADR) Civil Remedies Intellectual Property

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

UDRP: An alternative to traditional litigation

by McAfee & Taft on

Imagine for a moment that after investing time and money in branding and marketing your product or service, someone registers a domain name that matches your trademark. Now imagine that the owner of the domain name will only...more

Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine

by Smart & Biggar on

As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking damages from the Government of Canada, asserting that the Canadian courts'...more

Defendant Wipes Out After Getting Caught in the Riptide and Is Sanctioned for Ill-Conceived Motion to Compel in Surf Tech...

This case presents an example of a district court’s use of the “proportionality” requirement of Rule 26 to limit overbroad discovery. On March 9, 2017, Magistrate Judge Barbara L. Major of the District Court for the Southern...more

Eleventh Circuit: Arbitration Clauses Are Like Makeup – They Only Cover So Much

by Dorsey & Whitney LLP on

The Kardashians, America’s favorite celebrity family, have been having a tough time of late, with Kim Kardashian being robbed at gunpoint in her Paris apartment, and her husband Kanye West attracting criticism for his support...more

Russia’s Primary Social Network in Hot Water Again Over Failure to Police Infringement

by BakerHostetler on

Russia’s Facebook, vKontakte, is under fire for its allegedly poor handling of pervasive copyright infringement on its platform (literally translated from Russian, “v kontakte” means “in contact”). The Association for the...more

EU Litigation Update - June 2015

Recognition and Enforcement of Arbitral Awards in Russia: Recent Developments. Recent decisions concerning the enforcement of international arbitration awards in Russian courts have yielded mixed results. Russian courts have...more

Pre-Arbitration Injunction May Only Preserve Status Quo - Benihana, Inc. v. Benihana of Tokyo, LLC

by McDermott Will & Emery on

In the context of a dispute surrounding a breach of a trademark license agreement that provided for arbitration of certain disputes, the U.S. Court of Appeals for the Second Circuit concluded that it was inappropriate for a...more

Order in Amgen v. Sandoz Provides First Judicial Interpretations of the BPCIA Patent Dispute Resolution Provisions

by Goodwin on

On March 19, 2015, the District Court for Northern District of California (Judge Seeborg), issued an order providing one of the first judicial interpretations of the patent dispute resolution provisions laid out in subsection...more

Fabricating Evidence and Losing Arbitration

by McDermott Will & Emery on

Seagate Tech., LLC v. W. Digital Corp - Addressing an issue of whether an arbitrator inappropriately sanctioned a party that had been found to have fabricated evidence and whether the arbitrator refused to consider...more

Hallmark Cards Awarded $47 Million for Misappropriation of Four-Year-Old Market Research

by Carlton Fields on

The number of data theft/trade secret cases that go to trial is growing, as are the size of the verdicts. For example, the Eighth Circuit Court of Appeals recently upheld a $47 million total recovery for Hallmark Cards for...more

Challenging Delegated Top-Level Domains: ICANN’s Trademark Post Delegation Dispute Resolution Procedure

by BakerHostetler on

This year, hundreds of new generic top-level domains (gTLDs) are changing the landscape of the Internet. The long-awaited result of ICANN’s new gTLD program, top-level domains such as .NYC, .WINE, and .WTF will now join the...more

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

Judge Stark overhauls patent practices in District of Delaware: 10 key changes

by DLA Piper on

The same day he took the reins as Chief Judge for the District of Delaware, Judge Leonard P. Stark substantially overhauled his patent practices. Effective with all cases filed on or after July 1, 2014, Judge Stark...more

Petrella v. MGM: Supreme Court Recognizes Limits on Laches

by Foley & Lardner LLP on

The word “laches” is from French, meaning “remissness” or “slackness.” One of the familiar equitable defenses, laches developed in chancery to prevent unreasonable delay in pursuing a right or claim, lest that delay prejudice...more

In Da (Trade Secrets Theft) Club: $15 Million Judgment Against Rapper 50 Cent

The rapper known as “50 Cent” stole trade secrets to the tune of $15 million, an arbitrator found. A filing in the U.S. District Court for the Southern District of Florida earlier this month disclosed the final award...more

Intellectual Property Newsletter - June 2013

by King & Spalding on

In This Issue: *News from the Bench - Unanimous Supreme Court Ruling on Gene Patentability: Natural DNA “No”/ cDNA “Yes” - CAFC Reverses Denial of Permanent Injunction Based on Perceived Future...more

IP Update, Vol. 16, No. 5, May 2013

by McDermott Will & Emery on

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by BakerHostetler on

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

Draft Amendment to China's Copyright Law

The Copyright Law of the People’s Republic of China (“Copyright Law”) came into effect on June 1, 1991, and has since been followed by two rounds of revisions. The first round of revisions was in order to accommodate China’s...more

Canadian Domain Name Decisions & Stats

by Field Law on

This month marks the 25th year of operations for the .CA domain, Canada’s country-code top-level domain (ccTLD). It was originally allocated to John Demco, an employee of UBC, who operated the domain on a volunteer basis...more

Quinn Emanuel Business Litigation Report -- January 2012

In This Issue: Firm News: - Kathleen Sullivan Wins Gould Award for Outstanding Appellate Advocacy - Manisha Sheth Named “Top Minority 40 Under 40” - Trial Lawyer Stephen Swedlow Joins Quinn...more

Intellectual Property Dispute Resolution in the UK

by Jane Lambert on

What to do if someone appears to infringe your patent, copyright, design, trade mark or other intellectual property right or accuses you of infringing his or her rights? Litigation is expensive in England and Wales and...more

IP Update, Vol. 14, No. 2, February 2011

by McDermott Will & Emery on

IN THIS ISSUE: Patents: Predictable Variations of Simple Mechanical Technology May Be Obvious, Even in the Face of Structural and Operational Differences; Judges Squabble Over the Interpretation of Claims in Light of the...more

January 2011 Litigation Update

by Jonathan Frank on

Summary of successful results from the last quarter of 2010....more

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