Civil Procedure Intellectual Property Electronic Discovery

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[Event] Continuing Legal Education and Chicago Cubs Rooftop Event - August 11th, Chicago, Illinois

Join Freeborn & Peters LLP for an afternoon of Continuing Legal Education classes followed by an evening of baseball hosted by the firm's Litigation Practice Group....more

An Investigative Piece on Clawback Agreements

Who: Clawback agreement; alias: Rule 502 Agreement. What: A mechanism to take back inadvertently disclosed privileged and/or confidential information and protect against an argument that you waived privilege....more

I’ve Made a Huge Mistake: Intentional Destruction of ESI is No Illusion

In season three of the series Arrested Development, episode 11 finds George Bluth, Sr. unsurprisingly using a giant electromagnet in an attempt to delete electronic computer files, which could potentially indict him for...more

District Court Refuses to Recognize "Apex" Doctrine for Documents Created by Inventor and Global Leader of Company

The defendant filed a motion to compel, seeking a wide array of discovery against Plaintiffs Dyson, Inc. and Dyson Limited (collectively, "Plaintiffs") to produce emails belonging to James Dyson ("Dyson"). Plaintiffs asserted...more

Current Issues in U.S. Litigation Discussed at Korean CLE Seminar

On April 15, 2016, a select group of Korean patent and intellectual property attorneys convened at the Ritz Carlton Hotel in Seoul for a continuing legal education seminar entitled “Current Issues in U.S. Litigation.” The...more

Court Compels Production of Database for Forensic Metadata Analysis (Utah)

Thorne Research v. Atlantic Pro-Nutrients, 2016 WL 1122863 (D. Utah Mar. 22, 2016) - In this patent infringement suit, the defendant filed a motion to compel, seeking a copy of a database that the plaintiffs’ inventor...more

Court Denies Motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails

In one of the first cases applying the 2016 amendments to the federal discovery rules, on March 11, 2016, Judge Pratter of the United States District Court for the Eastern District of Pennsylvania issued a Memorandum Opinion...more

What’s Trending in eDiscovery

The first quarter of 2016 has been a busy one for courts adjudicating matters relating to eDiscovery. Across the pond, the English High Court approved the use of technology-assisted review, while U.S. courts have been busy...more

Defendants’ Proposal to Redact Irrelevant Information Upheld under Newly Amended Rule 26 Florida

In re Takata Airbag Prods. Liab. Litig., MDL No. 2599 (S.D. Fla. Mar. 1, 2016) - In this products liability case, a Special Master approved the defendants’ proposal to withhold or redact irrelevant parent documents from...more

Amended Rule 26: Protecting Against Competitively Sensitive Disclosures

Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase...more

Federal Court Offers Clues in How the Newly Amended Rule 37(e) Will Be Applied When Electronically Stored Information Is Not...

Among the most significant changes to the Federal Rules of Civil Procedure that went into effect in December 2015 were amendments to Rule 37(e), which defines spoliation in the context of electronically stored information...more

The Problem with Backup Tapes: District Court Orders Retention of Old Backup Tapes for Ongoing Litigation

In this patent infringement action pending in a multi-district litigation, one of the defendants moved the district court for an order allowing the defendant to destroy old backup tapes. Defendant ICM, Inc. ("ICM") moved for...more

Court Issues Sanctions for Manipulation of Email Evidence, Addresses New FRCP 37(e) (New York)

CAT3 v. Black Lineage, 2016 WL 154116 (S.D.N.Y. Jan. 12, 2016) - In this trademark infringement case, the plaintiff asserted rights to a domain name to sell its clothing products, in addition to an online website and...more

Court Denies Motion to Compel Under Newly Amended FRCP 26(b)(1) (California)

Gilead Sciences v. Merck, 2016 WL 146574 (N.D. Cal. Jan. 13, 2016) - In this patent infringement case, the defendant sought additional discovery on the contents of certain “tubes of compounds” that the plaintiff’s...more

How the Amended Federal Rules Will Change Patent Litigation

Significant amendments to the Federal Rules of Civil Procedure became effective on December 1, 2015 and include an important change to patent infringement pleading practice and the most notable revisions to the civil...more

A BETTER WAY TO LITIGATE? – The December 1, 2015 Amendments To The Federal Rules Of Civil Procedure Aim For More Efficiency And...

Civil litigation can sometimes be less than civil or efficient. Indeed, some parties have been found to engage in “abusive” discovery practices or dilatory tactics intended to prolong and increase the costs of litigation....more

CLIENT ALERT: Federal Rules of Civil Procedure Amendments to Take Effect December 1, 2015

On December 1, 2015, amendments to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84 of the Federal Rules of Civil Procedure will become effective. These amendments were originally approved by the Judicial Conference in...more

When E-Filing Goes Wrong: How to Protect Your Trade Secrets in the Event of Inadvertent Online Disclosure

It is frightening to think that valuable corporate trade secrets could be lost with the click of a mouse. But as electronic court filing becomes increasingly prevalent, the risk of inadvertent disclosure of sensitive...more

Court Orders Inclusion of Technology Specialist Fees in Award Calculation (New Mexico)

Gen. Protecht Grp., Inc. v. Leviton Mfg. Co., 2015 WL 4988635 (D.N.M. Aug. 3, 2015) - In this patent infringement case, the defendant alleged that the plaintiffs had infringed upon the defendant’s specialized patents,...more

Court Takes Middle Ground in Balancing ESI Production Costs (Texas)

F & J Samame, Inc. v. Arco Iris Ice Cream, 2015 WL 4068575 (W.D. Tex. July 2, 2015) - In this trademark dispute case, the plaintiff raised a Lanham Act claim against the defendants’ company, claiming that the defendants’...more

Controlling the $7 Billion Patent Troll Litigation Machine

Nearly $7 billion: that is the projected cost of litigation filed by non-practicing entities, or patent trolls, in 2015. A recent report by Unified Patents revealed that patent case filings are expected to surpass 6,100 this...more

Submission of Supplemental Evidence in an IPR May Be Submitted After the Due Date - International Business Machines Corp. v....

Addressing the circumstances for submitting supplemental evidence in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) allowed the petitioner to submit a responsive declaration after the due date...more

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more

Don’t Sleep on Rule 37 Motions

What do you get when opposing counsel repeatedly cancels depositions only days before they are scheduled, allegedly fails to abide by confidentiality agreements and court orders, and repeatedly files supposedly baseless...more

No Early Peek of Cross-Examination Documents - TD Ameritrade Holding Corp. v. Trading Techs. Int’l, Inc.

Addressing patent owner’s challenge to the accuracy of the translation of a foreign language reference that was relied upon in a petition for covered business method (CBM) review, the U.S. Patent and Trademark Office’s...more

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