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Federal Circuit's Last Word on Attorney Fees - Actual Knowledge of Baseless Claim Not Required - Kilopass Tech., Inc. v. Sidenese...

Addressing the proof required to show a bad faith assertion of a baseless claim to establish an exceptional patent case for attorneys’ fees. the U.S. Court of Appeals for the Federal Circuit vacated and remanded a lower...more

Texas Adopts the Uniform Trade Secrets Act

Texas recently adopted the Uniform Trade Secrets Act, making it effective on September 1, 2013. S.B. 953, 83rd Leg., Reg. Sess., § 4 (Tex. 2013) (the “Act”). The Act has been adopted by 46 other states, plus the U.S. Virgin...more

The Prospect Generator’s Case, A Second Look

There is more to learn from Southwestern Energy Production Co. v. Berry-Helfand and Muncey, discussed in a recent post. Damages – With Room to Run, the Expert Scores. Courts are entitled to be “flexible and...more

Know When To Fold ‘Em: Avoiding Bad Faith When Litigating Trade Secrets Cases

In his classic song The Gambler, Kenny Rogers famously advised: “You got to know when to hold ‘em, know when to fold ‘em, know when to walk away, know when to run.” It’s good guidance for surviving a poker table, but also...more

Bad Faith Patent Litigation Is Bad News For Plaintiffs

Affirming a $1.6 million dollar award for attorney fees against a non-practicing entity (NPE) for pursuing and maintaining patent litigation in bad faith, the Federal Circuit has served notice that patent litigants "must...more

SST Records, Inc. (Ginn) v. Henry Rollins [Black Flag trademark case]

Complaint for Trademark Infringement and related claims

See, Black Flag's Greg Ginn Loses Injunction Against Keith Morris' FLAG Meanwhile, court determines that Henry Rollins never quit the band. ...more

Do you want to own a secret? What you should know about the new Texas trade secret law

Texas recently became the 47th state to adopt a version of the Uniform Trade Secrets Act (UTSA). The Texas UTSA, taking effect on September 1, 2013, aims to benefit the business community by bringing Texas trade secret law...more

Mother’s Day Post: Mother And Son Accused Of Trade Secret Theft

In honor of Mother’s Day, we note a case in which mother and son were both accused of misappropriating trade secrets....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

Speaking Of . . . Trade Secrets - Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both. What’s an appropriate measure of damages when your trade secrets are...more

Ochre, LLC v. Rockwell

Appellant's Brief

From the Preliminary Statement: In Chosun Int'l, Inc. v. Chrisha Creations, Ltd., 413 F.3d 324, 328 (2d Cir. 2005), this Court held that “one may not copyright the general shape of a lamp.” This appeal raises the question...more

Much Ado About Something

Over the last couple of months there has been a fair amount of press given to the California Appellate Court decision in SASCO v. Rosendin Electric, Inc., 207 Cal. App. 4th 837 (2012). As is typical with cases brought under...more

Linkedin Lockout Loss for Employee

Can your employer demand access to your Linkedin account? Can your employer keep access to your account after you terminate employment? Can you sue for damages if your employer denies you access to Linkedin, and your...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion by Defendant Project Dynamics to Dismiss for Failure to State a Claim

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. Its lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

Guggenheim Capital v. Toumei

Reply Brief of Appellant David Birnbaum

This is the reply brief in an appeal concerning the question of whether it is proper for a court to enter, as a sanction for litigation non-compliance, a default judgment and a seven-figure statutory damages award against a...more

Boarding School Review, LLC v. Delta Career Education Corp.

Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion to Dismiss for Failure to State a Claim

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. This lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

California Court Awards Attorneys' Fees and Costs in Bad Faith Trade Secret Lawsuit

In July 2012, a California appellate court affirmed a trial court's award of attorneys' fees to a trade secret defendant, finding that the plaintiff that had raised the claim of trade secret misappropriation in the case did...more

The Court’s Broad Power To Enjoin Trade Secret Violations Can Be Costly

On June 27, 2012, we reported that TNA Entertainment, LLC (“TNA”), a local professional wrestling promotion company, sued its former employee, Brian Wittenstein, and a direct competitor, World Wrestling Entertainment, Inc....more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com

Answer, Affirmative Defenses and Jury Demand

See the affirmative defenses. From BusinessInsider.com: "Propane giant AmeriGas recently sued online complaints forum Pissed Consumer for trademark infringement. "Gas company executives were presumably upset with how...more

VO Group, LLC v. Opinion Corp. et al.

Decision and Order Granting in Part and Denying in Part Motion to Dismiss

Order and opinion on motion to dismiss complaint filed in New York Supreme Court (trial level), Kings County (i.e., Brooklyn), by timeshare sales company seeking to censor criticism of the company found on...more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com

Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6)

See the associated moving brief. This is the reply brief preliminary statement: Defendant Opinion Corp. (“defendant” or “Opinion Corp.”) submits this reply memorandum in further support of its motion to dismiss the...more

Ten Simple Legal Rules for Business Owners

Follow these ten simple rules to avoid or reduce potential legal liability. ...more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com

Brief in support of defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted...

Another lawsuit against PissedConsumer.com, another motion to dismiss. The preliminary statement: Defendant Opinion Corp. is, as set forth in the Complaint, the corporate owner of an Internet website called...more

Tropp v. Conair Corporation, et al.

Memorandum and Order Denying Motion for Attorneys' Fees in Patent Case

Denial of motion by defendants in this patent infringement case, dismissed on grounds of collateral estoppel due to a decision in a related case, seeking attorneys' fees and costs. The parties representing essentially the...more

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