Civil Procedure Business Torts Intellectual Property

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The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act

Although some version of the Uniform Trade Secrets Act (“UTSA”) has widely been adopted by most states, including California, variations among the versions and related judicial interpretation has led to...more

2016 DTSA: Providing Manufacturers with New Avenues to Protect Trade Secrets

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which provides a federal civil cause of action to manufacturers for the misappropriation and theft of trade secrets under the...more

Second Circuit Affirms Dismissal of Sham Citizen Petition Claim, Summary Judgment on False Advertising Claims **WEB ONLY**

Addressing Sherman Act and Lanham Act claims arising out of an Abbreviated New Drug Application (ANDA), the US Court of Appeals for the Second Circuit upheld the district court’s dismissal of the plaintiffs’ Sherman Act claim...more

Amgen v. Sandoz Biosimilar Litigation Update: Sandoz Follows the Patent Dance With Neulasta

Amgen v. Sandoz Biosimilar Litigation Update: Sandoz Follows the Patent Dance With Neulasta - Prominent among the first generation of U.S. biosimilar litigations under the Biologics Price Competition and Innovation Act...more

District Court Denies Agreed Upon Consent Judgment and Permanent Injunction Where Parties Failed to Submit Consent and Injunction...

After the parties settled the lawsuit, the district court dismissed the case without prejudice, subject to the right of any party to re-open the action within sixty days, upon good cause shown, or to submit a stipulated form...more

Modtruss Stumbles on “Same” Problem with Battlefrog Obstacles - Motion for Preliminary Injunctive Relief Denied

This post follows up on this post on Judge Ross’s Order of June 6, 2016, in which she allowed Modtruss, Inc. (“Modtruss”), to clarify its intent with regard to a prior motion for a temporary restraining order and preliminary...more

Mayimba Music Inc. v. Sony/ATV Latin Music Publishing LLC - USDC, S.D. New York, June 9, 2016

District court awards defendants $400,000 in legal fees in copyright infringement suit over Shakira’s hit song “Loca,” in which plaintiff’s claims were shown to be based on fabricated evidence. In 2012, Mayimba Music...more

U.S. Supreme Court Decides Cuozzo v. Lee: Upholds General Bar Against Appealing PTAB's Institution Decisions and Affirms Use of...

On June 20, 2016, the United States Supreme Court affirmed the decision of the Court of Appeals for the Federal Circuit in Cuozzo Speed Technologies v. Lee. The Supreme Court granted certiorari to consider two questions....more

Judge Briccetti Stays Patent Case Against a Customer Pending Resolution of Lawsuit Against Supplier

On June 3, 2016, District Judge Vincent L. Briccetti (S.D.N.Y.) stayed a patent infringement action brought by plaintiff Marine Travelift (“Marine”) against defendant K. Graefe & Sons Corp. (“Graefe”), pending the resolution...more

Amgen Appeals Ruling on Requirement to Produce Manufacturing Information for a Biosimilar Product under Amgen v. Sandoz

Amgen has appealed a partial denial of its motion to compel in Amgen v. Hospira, No. 15-cv-839, currently pending in the District of Delaware. The case, filed last September, concerns Hospira’s proposed biosimilar of Amgen’s...more

Intellectual Property Alert: U.S. Supreme Court Rules in Kirtsaeng v. John Wiley & Sons, Inc.

On June 16, 2016, the U.S. Supreme Court ruled in Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375, that it is appropriate for a court to give substantial weight to the reasonableness of a losing party’s position when...more

When Is Internet Speech Protected Petitioning Activity? Federal Court Grants Anti-SLAPP Motion In FIRE CIDER Trademark Suit

On May 12, 2016, the District of Massachusetts held that that an online campaign in support of the cancellation of a registered trademark (FIRE CIDER) was protected petitioning activity, even though the campaign was organized...more

Business Litigation Report - April 2016

Historic Mandamus Petition May Reduce Size of E.D. Tex. Patent Docket: In re TC Heartland LLC, Case No. 16-105 (Fed Cir. 2015) - Almost half the new patent cases filed in the 94 federal judicial districts in the United...more

When the Best Defense is a Federal Cause of Action: Trade Secret Owners May Soon Have a Federal Cause of Action for Trade Secret...

Earlier this month, the U.S. Senate unanimously passed bill S. 1890, the Defend Trade Secrets Act of 2016 (DTSA). If enacted, the DTSA will create a federal cause of action for trade secret misappropriation, providing...more

Judge Restricts Research Into Potential Jurors

The Federal Judge assigned to the copyright lawsuit Google Inc. against Oracle Corporation had taken a traditional approach in jury selection. U.S. District Judge William Alrup rejected the proposed jury questionnaire,...more

Business Litigation Report - March 2016

How Major Changes to the Federal Rules of Civil Procedure Will Impact Business Litigation - The Federal Rules of Civil Procedure govern all civil litigation in the federal courts. Recent major amendments to these...more

If the Defend Trade Secrets Act Becomes Law, How Will it Affect Trade Secrets in Arizona?

If enacted, the federal Defend Trade Secrets Act (“DTSA”) could change how some trade secret misappropriation claims are litigated in Arizona. Trade secret plaintiffs generally must bring claims for misappropriation in state...more

Patent Troll Watch - States Are Pushing Patent Trolls Away from the Legal Line

Oregon enacts statute to make improper patent license demands a violation of its unlawful trade practices law - In March 2013, Senate Bill 1540 was signed into law by the governor of Oregon. The law makes patent...more

Second Circuit Tosses Out Time-Barred Copyright Claims Against Jay Z

Last month, the Second Circuit Court of Appeals affirmed a New York judge’s decision to dismiss federal copyright and state tort law claims alleged against the hip-hop icon, Jay Z, and his affiliated companies. Mahan v. ROC...more

The Gloves Are Off: Competing Biopics Battle For Hollywood Purse

Hollywood’s heavy-hitters often enter the ring over unauthorized biographies. Elizabeth Taylor famously invoked her rights of publicity and privacy in an attempt to shut down an unofficial docudrama about her life; Clint...more

CBM Review Not a Venue for Review of Contractual and Tortious Disputes (Ocean Tomo, LLC v. PatentRatings, LLC)

Addressing the issue of standing, the Patent Trial and Appeal Board (PTAB or Board) denied institution of a covered business method (CBM) patent review, finding that the petitioner failed to show sufficient proof...more

Will the Supreme Court Rein in Evasive Defendants? Equustek v Google Inc

The persistence of a small technology company in British Columbia may expand the options available in Canadian courts to enforce intellectual property rights....more

Computer Fraud and Abuse Act Not Violated Unless Plaintiff Shows Defendant Had Intent To Defraud

In a recent Computer Fraud and Abuse Act case, the Seventh Circuit Court of Appeals affirmed the district court’s conclusion that the plaintiff had produced no evidence refuting the defendant’s contention that it honestly...more

A Couple Of Things Not To Do In The NC Business Court

The NC Business Court's decision last month in Krawiec v. Manly, 2016 NCBC 7, illustrates a couple of things not to do in the Court. Don't Make "Aiding and Abetting" Claims - The Plaintiff made a claim against some...more

Texas Takes a Stance Against Patent Trolls

Since the U.S. Congress began implementing reforms to the patent system, states too have been considering measures to protect their residents and business from abusive patent litigation. While the federal government has...more

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