Civil Remedies Intellectual Property

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General Ideas Protectable as Trade Secrets in California

Altavion, Inc. v. Konica Minolta Systems Laboratory Inc. - Clarifying case law that distinguished the protection available under patent law from that available under trade secret law, the California Court of Appeal...more

EU Unitary Patent and Patent Court

The original proposals in the 1970's for the European Patent Convention (EPC) were intended to proceed in parallel with those for a Community Patent Convention. In the end, these were never implemented as a result of...more

Carolla Going after the Patent Trolls

Adam Carolla continues his battle against the patent troll, Personal Audio, LLC. So far, Carolla has spent more than $450,000 in attorney fees. The result? There has been enough discovery for Carolla to determine that...more

Apple v. Samsung: Court Denies Samsung's Request for Discovery Based on Apple's Alleged Disclosure of Confidential Information

In the ongoing patent battle between Samsung and Apple, Samsung, trying to turn the tables on Apple, filed a motion for sanctions based on Apple's disclosure of confidential information. The court had previously sanctioned...more

Copyright Litigation and the Risk of Double Costs

An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were...more

After Entry of Judgment, District Court Orders Deposit of Amount of Judgment Plus 20% Interest for One Year in order to Obtain...

Innovention Toys, LLC prevailed in a patent infringement action against MGA Entertainment. After the Court entered a final judgment, the parties agreed that execution of the judgment should be pending resolution of...more

Court Orders Google to Remove Site from Worldwide Search Results

In a recent decision by the British Columbia courts (Equustek Solutions Inc. v Jack , 2014 BCSC 1063), Google has been ordered to de-index a website selling goods that were the subject of intellectual property (IP)...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 50: What Happens When a Boss “Likes” An...

As we conclude this 50 For 50 series, we look to the future of employment law. As we see it, the biggest change in the workplace has been the emergence of social media. According to recent surveys, nearly three-quarters of...more

Patent Litigation Fee-Shifting

In April, the Supreme Court reshaped the patent litigation landscape with its Octane Fitness, LLC v. Icon Health & Fitness and Highmark, Inc v. Allcare Health Management System, Inc., rulings. The statute at issue in both...more

Federal Circuit Applies Octane Fitness/Highmark Exceptional Case Standard

Innovative Biometric Technology LLC v. Toshiba America Information Systems, Inc. - In April 2014, a unanimous Supreme Court of the United States reversed two opinions of the U.S. Court of Appeals for the Federal...more

Ideas Can Be Subject to Trade Secret Protection

The Court of Appeal, First Appellate District, recently held that ideas can be subject to trade secret protection; and, in so doing the court gave a primer on the law of trade secrets. In a modern day David and Goliath...more

Supreme Court Aiding Fight against Patent Trolls: Alice, Nautilus, Limelight, Octane Fitness and Highmark

The Supreme Court may be making up for where Congress has left off. Legislation designed to curb abuse from patent assertion entities, or so-called patent trolls, has been shelved indefinitely. The legislation passed the...more

IP Newsflash - June 2014 #4

George Clinton to Pay His Lawyers in Song - In a 9th Circuit opinion, the panel upheld a district court opinion which assigned four of Clinton’s sound recording copyrights to a receiver to satisfy judgments rendered...more

Plaintiff’s Trade Secret Lawsuit Backfires!

We recently reported on good things (big verdicts) coming to trade secret plaintiffs that endure lengthy lawsuits. But good things don’t always come to those who wait. ...more

Supreme Court Corner - Q2 2014

Octane Fitness, LLC v. Icon Health & Fitness, Inc. - Patent: Decided: April 29, 2014 - Holding: A patent case is “exceptional” under 35 U.S.C. § 285 when it “stands out from others with respect to the...more

Wright Medical Technology Files for Inter Partes Review of Orthophoenix Patents

On June 6, 2014, Wright Medical Technology, Inc. (“WMT”) filed first and second petitions with the Patent Trial and Appeal Board requesting inter partes review of both U.S. Patent No. 6,440,138 (“the ’138 Patent”) to Reiley...more

US Congress may act again on patent reform

The Leahy-Smith America Invents Act (AIA), enacted in 2011 after three different US Congresses considered various iterations of the legislation, was the most sweeping reform of our patent system since 1952. But since...more

Supreme Court Rules That Aereo’s TV Transmissions Infringe Copyrights as an Illegal Public Performance

In a 6-3 decision earlier today, the United States Supreme Court held that Aereo infringes broadcasters’ copyrights by providing the means for subscribers to view programs through individually-assigned antennas at about the...more

Copyright Alert: ABC v. Aereo: What the Supreme Court Decided - And What It Did Not

On June 25, 2014, a 6-3 majority of the Supreme Court held that Aereo’s service that allows customers to view over-the-air TV broadcasts via the internet violated the public performance right under the Copyright Act. Applying...more

Update!—New TN Law Concerning Patent Infringement Allegations

In recent years, state legislatures have attempted to pass legislation regarding patent law – an area that the U.S. Constitution states is exclusively governed by federal law. The stated goal behind many of these laws is to...more

The Stats Tell The Story: Why Courts May Be More Likely To Grant Stays Based On IPR Proceedings

Inter Partes Review (“IPR”) proceedings are a powerful tool for challenging the validity of patents before the Patent Trial and Appeal Board (“PTAB”). In addition to their firepower to invalidate patents under §§ 102 and 103,...more

Expanded Technologies Seeks Declaration of Non-Infringement and Invalidity of Wallner's “Expanded Metal” Patent

On May 9, 2014, Expanded Technologies, Inc. (“Expanded Tech”) filed a complaint against WallnerTooling/Expax, Inc. (“Wallner"), seeking both a Declaration of Non-Infringement and a Declaration of Invalidity of U.S. Patent...more

Reflective Apparel Seeks Declaratory Judgment That Safety Vest Does Not Reflect Competitor's Patent Claims

Reflective Apparel Factory, Inc. (“Reflective”), a Georgia corporation headquartered in Marietta, seeks a declaratory judgment against Carolina Safety Acquisition, LLC (“Carolina”), a Delaware limited liability company...more

Redskins’ trademark decision ushers in more questions - Cancellation of trademark registration may not have impact some believe

The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO) most likely knew it was going to generate headlines Wednesday when it issued a monumental decision to cancel six registrations of the...more

"This Is A Prototypical Exceptional Case - Fees And Expenses Will Be Awarded"

Lumen View Technology, LLC v. Findthebest.com, Inc. Case Number: 1:13-cv-03599-DLC (Dkt. 83) - Judge Cote used Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749 (April 29, 2014) to justify...more

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