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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Business Litigation Report - August 2017

Supreme Court Highlights Importance of Statute-Specific Venue Rules - The Supreme Court upended nearly thirty years of practice when it ruled, in the TC Heartland LLC v. Kraft Foods Group Brands LLC U.S. , 137 S.Ct. 1514...more

Benefits Litigation Update – Summer 2017

by Epstein Becker & Green on

Welcome to the Summer edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm Epstein Becker & Green. With a new Administration and executive branch, we are already...more

ISDA Master Agreement – Court of Appeal favours chosen law over local

by Dentons on

When commercial parties choose English law to govern their hedging or financing contracts, the English courts will usually apply that choice with very few exceptions. A recent Court of Appeal case further narrows one such...more

The World In U.S. Courts - Spring 2017

Cases discussed in this issue - Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/Act of State Doctrine - Court of Appeals Considers US...more

Federal Circuit Affirms Eligibility of Financial Services Software Patent

by LeClairRyan on

The Federal Circuit, in Trading Technologies Intl., Inc. v. CQG, Inc., affirmed a district court decision holding that two patents related to a method and system for the electronic trading of stocks, bonds, futures, options,...more

Commodity Trading System and Method are Patent Eligible Subject Matter Under 101

In Trading Technologies International, Inc. v. CQG, Inc., CQG LLC, FKA CQGT, LLC., [2016-1616] (January 18, 2017), the Court of Appeals for the Federal Circuit (CAFC) affirmed a lower court’s holding that the claims of U.S....more

AGG Litigation Insights Newsletter - Fall 2016

by Arnall Golden Gregory LLP on

Social media is everywhere, and while it gives businesses an unprecedented opportunity to reach a record number of consumers at a minimal cost, it can prove to be a double edged sword when disgruntled employees or customers,...more

Bitcoin Is “Property,” Rules California Judge in Pivotal Bitcoin Case

by BakerHostetler on

Last week, we blogged about the latest development in Bitcoin news: how a California bankruptcy court will define Bitcoin. That was the subject of a trustee’s clawback suit against Marc Lowe, a former employee of Hashfast...more

Are the Patent Trolls Vulnerable to Antitrust Claims?

by BakerHostetler on

We previously wrote about the nascent efforts of legislators, regulators, and representa­tives of technology-dependent industries to use the antitrust laws, such as Section 2 of the Sherman Act or Section 7 of the Clayton...more

Bass’ Altruistic IPR Petitions

by Fish & Richardson on

At the beginning of 2015, Kyle Bass, founder of Dallas-based hedge fund Hayman Capital Management, announced plans to challenge 15 drug companies’ patents via Inter Partes Review. As of November 30th, 2015 Bass and his...more

Business Litigation Report - September 2015

Alleging Fraud in a Financial Crisis: The Second Circuit Articulates a Less Stringent Pleading Standard for Loss Causation: Loss causation has emerged as a central obstacle to post-financial-crisis fraud cases. The loss...more

Federal Circuit Continues to Nix Financial Patents

by Weintraub Tobin on

Patents covering software for use in the financial industry are increasingly being invalidated by the courts. Because of the Supreme Court’s decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014), district...more

CBM Review Threshold Met by the Intrinsic Record - Google Inc. et al. v. Priceplay.com, Inc.

by McDermott Will & Emery on

Addressing threshold issues for instituting a covered business method (CBM) review, in two recent related cases, the Patent Trial and Appeal Board (PTAB or Board) found each of the two patent cases eligible for CBM review,...more

The PTO Provides Additional Guidance for Meeting the “Financial Products or Services” Requirement for Instituting CBM Reviews -...

by McDermott Will & Emery on

In a series of decisions addressing whether an abstract idea involves “financial product or service” in the context of covered business method (CBM) reviews, the Patent Trial and Appeal Board (PTAB or Board) found all of the...more

Financial Product or Service Is Not Just for Financial Service Industry - Samsung Electronics v. Smartflash LLC; Motorola Mobility...

by McDermott Will & Emery on

Addressing the requirements for instituting a covered business method (CBM) review in three decisions, the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) explained that the “financial...more

Analysis of Inter Partes Review and Post-Grant Review in the Life Sciences Industry Through First Quarter 2015

by Pepper Hamilton LLP on

The recently established inter partes review (IPR) and post-grant review (PGR) of the America Invents Act have been in the spotlight lately, especially now that the life sciences industry has begun to utilize these...more

Intellectual property rights under German insolvency law

by DLA Piper on

German insolvency case law on intellectual property rights has experienced rapid development in recent years, while attempts by the German legislature to regulate this subject with precision have repeatedly failed. The...more

Trademark/Copyright Litigation Update - March 2015

Supreme Court Confirms Jury Role in Trademark “Tacking.” Issuing its first substantive trademark decision in a decade, the Supreme Court unanimously held in January 2015 that the question of whether two trademarks are legal...more

U.S. Supreme Court: Trademark Tacking Should Be Determined By the Jury

by Ladas & Parry LLP on

On January 20, 2015, the U.S. Supreme Court, in a unanimous decision written by Justice Sonya Sotomayor, issued its first trademark ruling in more than a decade. The Court held that “trademark tacking” is a factual issue...more

Judge Hellerstein refused to stay case pending resolution of other cases involving the patents in suit

by Robins Kaplan LLP on

Intellectual Ventures I LLC, et al. v. Citigroup, Inc., et al. Case Number: 1:14-cv-04638 - Citigroup moved to stay this case, which involved five patents related to cyber security and the protection of customer...more

Supreme Court Update – Hana Financial v. Hana Bank

Sheppard Mullin’s intellectual property group prevailed before the United States Supreme Court in the trademark matter entitled Hana Financial v. Hana Bank.  574 U.S. ___ (2015).  Justice Sotomayor, writing for a unanimous...more

Juries to Decide Trademark "Tacking"

by Baker Donelson on

On January 21, 2015, the U.S. Supreme Court in Hana Financial, Inc. v. Hana Bank, held that whether two trademarks are "legal equivalents" and thus may be "tacked" together for purposes of determining priority is a question...more

Post-Alice Patents in Ecommerce, Banking and Finance

by Fenwick & West LLP on

Where are the post-Alice business method patents? Between January 1, 2015 and January 23, the USPTO issued 247 patents in class 705, the overall business methods classification. I reviewed the file histories of every...more

IP Newsflash - January 2015 #4

DISTRICT COURT CASES - Akin Gump Wins Section 101 Motion to Dismiss, Invalidating 887 Patent Claims - Following Supreme Court precedent set forth in Alice Corp. Pty. Ltd. v. CLS Bank International, Judge Sleet...more

Trademark “tacking” questions should go to a jury, SCOTUS rules

by BakerHostetler on

The Supreme Court issued its first substantive trademark decision of the current term yesterday in Hana Financial, Inc. v. Hana Bank. The district court had charged the jury with determining whether Hana Bank’s original mark,...more

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