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Are Dynamic IP Addresses Personal Data? A Primer

Last month, one of the Advocate Generals (“AG”) of the Court of Justice of the European Union (“CJEU”), Manuel Campos Sánchez-Bordona, issued an opinion suggesting that dynamic IP addresses should be recognized as “personal...more

Impact of Brexit for Intellectual Property Rights

A British vote to leave the European Union (EU)—the Brexit referendum issue scheduled for a vote June 23, 2016 — would have a significant effect on intellectual property right-holders, such as manufacturers doing business in...more

Court Considers Defenses Under Both New York Convention And The FAA In Confirming Domestic Arbitration Award Against Foreign Party

Immersion Corporation, a U.S. company, had previously entered into a settlement with Sony, a Japanese company, regarding the latter’s alleged patent infringement. Subsequently, a dispute arose surrounding whether Sony was...more

District Court May Preclude Evidence from Parent Company Where Parent Company Was Dismissed from Case and Then Refused to Provide...

When this patent infringement action began, the plaintiff explained that it was concerned that it would not be able to obtain important discovery if Ricoh Company Ltd. ("RCL"), which is the parent company of the defendants,...more

Operators of WiFi Access Points not Liable for Rights Infringements by Users

In a decision dated 12 May 2016, the German Federal Court of Justice (Bundesgerichtshof – BGH) narrowed the scope of liability of WiFi access operators for rights infringements of users of WiFi access points. The court ruled...more

Also In the News - Data, Privacy, & Security Practice Report - May 2016 #3

EU Skepticism About The Privacy Shield—On May 30, 2016, European Data Protection Supervisor Giovanni Buttarelli, in his capacity as an independent advisor to the EU legislator, issued a statement that “the Privacy Shield as...more

The Future European Patent System: Update on the Latest News - Spring 2016

With the ninth Contracting State having ratified the EU Unified Patent Court Agreement, the commencement of the Unified Patent Court is approaching. We report on the latest news, including an announcement about opt-outs, and...more

Privacy & Cybersecurity Update - May 2016

In this edition of our Privacy & Cybersecurity Update, we examine recent developments, including the U.S. Supreme Court's holding in Spokeo that consumer plaintiffs must show "real harm" to sue in federal court, the EU data...more

English High Court considers co-existence provisions under German and English law

In two recent IP decisions in the English High Court, the interpretation of a settlement agreement and a co-existence agreement have been carefully considered. In DKH Retail and Others v SRG Apparel Plc and Others, English...more

IP Infringement Claim Against Canadian Company Stays in U.S.

Where should a lawsuit be heard? Canada? The US? In other posts we discuss the idea of a “choice of law” and “forum selection” clauses in contracts. In those cases, the parties agree to a particular forum in...more

SEP-Based Injunctions: Down But Not Out

One important question for standard essential patent (“SEP”) holders is whether they can still seek and enforce injunctions. Some take the view that the act of seeking injunctive relief is inherently inconsistent with an SEP...more

SanDisk defeats Walker Process Claim

The District Court for the Northern District of California granted defendant SanDisk’s motion for summary judgment in Giuliano, et al v. SanDisk Corp., et al, 4:10-cv-02787 (N.D. Cal. April 29, 2016). The plaintiffs had...more

Court Says Auf Wiedersehen To Plaintiffs Under Forum Non Conveniens

We generally file motions to dismiss for forum non conveniens under one of two circumstances. Most often we are resisting blatant forum shopping—plaintiffs who try to import their claims into a forum that they view as...more

IP World Tour: Snapshots of Overseas IP Protection

No matter where you look in the world, it’s a certainty that a dispute is ongoing over someone’s intellectual property (IP). The theft of ideas is nothing new, but just as important to those investing abroad is knowledge of...more

Privacy & Cybersecurity Update - April 2016

In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more

Biotech Industry Supports Cert in Sequenom to Avert “Crisis of Patent Law and Medical Innovation”

The biotechnology and life sciences community has voiced broad support for Sequenom’s recent request that the Supreme Court review the Federal Circuit’s decision holding Sequenom’s diagnostic fetal DNA patent ineligible under...more

Can Foreign Sales Infringe U.S. Patents?

It is a deceptively simple question with a not so simple answer. A purely foreign transaction is certainly beyond the reach of U.S. patent law, but what if part of the transaction occurs within the United States? For example,...more

A Month in UK Employment Law - April 2016

News & Legislation Update - Gender Pay Gap Reporting Draft Regulations published - The first draft of regulations requiring any employer in the UK with at least 250 employees to publish information about the...more

Government Seeks Civil Forfeiture of Funds Stolen in Business E-Mail Fraud

On April 14, 2016, the U.S. Attorney for the Southern District of New York filed a civil forfeiture action seeking to recover nearly $100 million stolen from an unidentified U.S. company through a form of wire fraud or...more

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

Not So Fast! Qualcomm Cannot Use “Curious Quirk” of U.S. Discovery Law In Korean Antitrust Proceeding

A recent federal court order highlights the scope, and the limitations, of a U.S. court’s authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782. The court in In re Ex Parte Application...more

UK High Court Approves the Use of Predictive Coding in Litigation

Legal technology providers in the UK have a lot to celebrate as the English High Court recently approved the use of predictive coding for disclosure in litigation. The judgment, handed down by Master Matthews in Pyrrho...more

Rehearing Denial Leaves ITC’s Jurisdiction Tethered to the Material World

Last week, the en banc Federal Circuit declined to rehear its November 10, 2015, decision in ClearCorrect v. ITC, 2014-1527, leaving the U.S. International Trade Commission’s (ITC) Section 337 jurisdiction to “material...more

Federal Circuit Denies Rehearing on Whether Section 337 Includes Digital Imports

The Federal Circuit debate begun in Suprema, Inc. v. International Trade Commission, 796 F.3d 1338 (Fed. Cir. 2015) (en banc), continued with the court’s denial of rehearing en banc in ClearCorrect Operating, LLC v....more

Federal Circuit Decides Not to Rehear ClearCorrect Operating, LLC v. ITC, Finding the ITC Does Not Have Jurisdiction over Digital...

On March 31, 2016, in a blow to the software and entertainment industries, the Federal Circuit denied the International Trade Commission’s (“ITC”) request for a rehearing en banc of the Federal Circuit’s November 10, 2015...more

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