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Properly Analyzing Breach of a NDA - Loftness Specialized Farm Equip., Inc. v. Twiestmeyer

The U.S. Court of Appeals for the Eighth Circuit has explained that under Minnesota law it is inappropriate to apply the test for the tort of misappropriation of trade secrets and confidential information when the issue is...more

Supreme Court Rules That A Non-Competitor Has Standing To Assert False Advertising Claims

On March 25, the U.S. Supreme Court held that a company has standing to assert a false advertising claim against a non-competitor under Section 43(a) of the Lanham Act if it can "show economic or reputational injury flowing...more

Emblaze v. Apple: Court Declines to Stay the Case Pending the United States Supreme Court's Decision in Akamai v. Limelight...

In this patent infringement action between Emblaze and Apple, Apple filed a motion to stay the case pending the recent grant of certiorari in Akamai v. Limelight Networks. In Akamai, a divided en banc Federal Circuit panel...more

Trademark Review - February 2014

Applicant Successfully Avoids Fraud Claim by Consenting to Judgment on Abandonment Claim - In a precedential opinion, the Trademark Trial and Appeal Board granted the Applicant’s motion for entry of judgment on the...more

Angels Rush in Where Fools Fear to Tread: State Enforcement Against Patent Trolls

I. INTRODUCTION - Nobody likes trolls — those mythical creatures, “considered dangerous to human beings,” who hide under bridges waiting to prey on unsuspecting travelers. Like their mythological namesakes, patent...more

Ganz USA and Noelle LLC file copyright complaint against Transpac, Inc.

On January 10, 2014 Ganz USA LLC (“Ganz”) of Marietta, Georgia and Noelle LLC (“Noelle”) of Cannon Falls, Minnesota (collectively, "plaintiffs") filed a complaint against Transpac Imports, Inc. (“Transpac”) of Vacaville,...more

Bernstein Shur Business and Commercial Litigation Newsletter #36

We are proud to celebrate three years of the Bernstein Shur Business and Commercial Litigation Newsletter with this 36th edition. This month, we highlight developments in the following areas, which are likely to have an...more

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

An NPE Settles with New York, Sues FTC

Over the past year, both the legislative and executive branches of the federal government have expressed increasing support for legislation and other measures targeting patent litigation abuse by non-practicing entities...more

Pending Patent Legislation—Round Two of Patent Reform

The U.S. Congress is once again poised to enact a new round of patents reforms. It is important to know the potential impact the legislation could have on your intellectual property portfolio and to be prepared to act....more

Motion to Strike Under Anti-SLAPP Statute Erroneously Granted in Connection With Conversion, Unjust Enrichment and Breach of...

A motion to strike under California’s anti-SLAPP statute was filed in response to a lawsuit initiated by beneficiaries against a trustee and executor of an estate. The United States Court of Appeals for the Ninth Circuit...more

Christmas Edition: Trade Secrets Litigation Delayed To Save Christmas?

On Christmas, Santa and his elves have their work cut out for them and sometimes even they can use help to get their jobs done. During the holiday season, a variety of businesses assist Santa & Co. to import and distribute...more

ITC Section 337 Update – December 6, 2013

ITC Seeking Public Comments On Draft Strategic Plan FY 2014-2018 – The ITC released a Draft Strategic Plan 2014-18 and invited public comment. All comments and any questions must be submitted by e-mail to...more

California Appellate Court Reaffirms the Trade Secret Displacement (Preemption) Doctrine

Courts continue to define the scope of the emerging trade secret displacement doctrine, (commonly referred to as preemption) which stems from California's Uniform Trade Secrets Act ("UTSA"). The UTSA contains a relatively...more

Copyright Litigation Update: Copyright Register Has “Right to Weigh in” Before Registration Is Invalidated

Earlier this month, the 7th Circuit Court of Appeals reversed a district court’s decision invalidating a copyright registration, in spite of its agreement with the lower court’s factual finding that the copyright registrant...more

California Court of Appeal Clarifies the Limits of Statutory Trade Secret Displacement (Supersession)

In a case whose facts plainly compelled the outcome, California’s Fourth Appellate District held on October 15, 2013 in Angelica Textile Services, Inc. v. Jaye Park, No. D062405 that a claim for trade secret misappropriation...more

No Harm Allegations Run "Fowl" for New York Poultrygeist Suit

Simply alleging economic losses suffered in the state where its business was located was insufficient for a producer to bring intellectual-property claims resulting from unlicensed foreign distribution of the spoof-horror...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

Tropp v. Conair et al.

Brief in Opposition to Defendants' Motion for Summary Judgment On the Ground of Non-Infringement

Brief in opposition to defendants' post-Akamai motion for summary judgment on the ground of non-infringement....more

Tropp v. Conair et al.

Brief in Opposition to Defendants' Motion for Summary Judgment Based on 28 U.S.C. § 1498

From the preliminary statement: Plaintiff David Tropp (“Tropp”), owner of U.S. Patent Nos. 7,021,537 and 7,036,728 (the patents-in-suit), submits this memorandum of law in opposition to the motion by Travel Sentry and...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

In the Crosshairs: District Courts Utilize Gunn to Dismiss Patent-Related Legal Malpractice Claims for Lack of Subject Matter...

In an opinion and order dated May 7, 2013, the Honorable Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania dismissed for lack of subject matter jurisdiction a legal malpractice action...more

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

[P]ermitting state courts to adjudicate disparagement cases (involving alleged false statements about U.S. patent rights) could result in inconsistent judgments between state and federal courts [but] this possibility of...more

In re Wayport, Inc. Litig., Consol. C.A. No. 4167-VCL (Del. Ch. May 1, 2013) (Laster, V.C.)

In this opinion, the Court of Chancery, applying the “special facts doctrine,” rejected the plaintiffs’ claims for breach of the fiduciary duty of loyalty against the defendants arising out of sales of the plaintiffs’ stock...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 3, 2013

- Cariou v. Prince, USCA Second Circuit, April 25, 2013 - Second Circuit reverses summary judgment in favor of photographer on his infringement claims against well-known appropriation artist Richard Prince, holding...more

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