Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened misappropriation of trade secrets. Texas recently joined the other forty-seven states in...more
Those of us who love fashion and have closets overflowing with more pairs of shoes than we probably need are likely familiar with Louboutin pumps. These sky-high heels have a very distinctive look and design. Louboutin heels...more
On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek...more
Last week—the week of May 12, 2013—proved to be an eventful week for Aereo.
On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more
On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more
Microsoft v. Motorola developed a framework for courts to assess fair, reasonable and non-discriminatory (FRAND) terms for standard-essential patents. Its roadmap and analysis will probably influence future FRAND cases in...more
On May 1, 2013, in Versata Software, Inc. v. SAP Am., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Prost, Moore) affirmed-in-part, vacated-in-part and remanded-in-part the district court's judgment that...more
Does a copyright owner have a proprietary claim to property purchased from the proceeds of an infringement of copyright? On 5 February 2013, Mr Justice Newey delivered a detailed judgment in the High Court that provides a...more
If you have followed this blog, then you likely already know that restrictive covenants are legal and enforceable in Florida. You should also know that – although enforceable – restrictive covenants are strictly construed...more
I have been asked to be a receiver to help collect a judgment. The judgment debtor has intellectual property assets. Plaintiff’s counsel has asked me how hard it will be to get me appointed and if I would be able to sell the...more
- American Broadcasting Companies, Inc. v. Aereo, Inc., USCA Second Circuit, April 1, 2013:
Second Circuit affirms district court’s denial of plaintiffs’ request for preliminary injunction prohibiting defendant, Aereo,...more
A series of recent decisions in the Second and Ninth Circuits—including Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution of user-posted copyrighted content by video hosting services) and AP v. Meltwater...more
In This Issue:
- Effie Film, LL v. Murphy, USDC S.D. New York, March 22, 2013 (amended opinion):
District court grants plaintiff’s motion for judgment on the pleadings in action for declaratory judgment that...more
*News from the Bench:
- First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad.
- Dissenting Federal Circuit Judges Abide By The Akamai Standard.
- More On Joint Infringement and The Akamai...more
On March 26, 2013, in Power Integrations, Inc. v. Fairchild Semiconductor Int'l, Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie, O'Malley, Reyna*) affirmed-in-part, reversed-in-part, vacated-in-part and...more
On March 15, 2013, in Frolow v. Wilson Sporting Goods Co., the U.S. Court of Appeals for the Federal Circuit (Newman, Clevenger, Moore*) affirmed-in-part, reversed-in-part and remanded the district court's summary judgment...more
On March 13, 2013, in SynQor, Inc. v. Artesyn Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Lourie, Daniel) affirmed the district court’s summary judgment that the defendants infringed U.S. Patents...more
In This Issue:
• State Courts Should Handle Patent Malpractice Cases
• “A” and “An” in Claims Mean “One or More”
• No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more
1. Standard governing liability under 93A -
Higher standard applies for business plaintiffs – More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to prevail...more
In This Issue:
*News From The Bench:
- Claim Construction: “Only One” Or “More Than One.”
- No Need To Include Claim Construction in Design Patent Infringement Complaint.
- CAFC Finds That Adapting...more
Embertec and Energy Efficient Technologies (EETECH) are competitors in the market for the sale and supply of standby power controllers (SPCs). On 14 August 2012 Embertec applied for an interlocutory injunction based on a...more
Court finds that using technology to undertake more efficient document review is reasonable.
On February 1, Judge Anthony J. Battaglia of the U.S. District Court for the Southern District of California awarded more...more
Most non-compete (and some trade secrets) cases are effectively decided at the preliminary injunction stages. For counsel, this means that a significant part of the lawsuit must be tried quickly and with great efficiency....more
Techdirt has written extensively about why Monster Cable is considered ”somewhat famous as a trademark bully.” Numerous comments to a TTABlog post reinforce this view....more
The long-running dispute between Mattel and MGA Entertainment is one of the most notable, costly competition cases of the last decade. As most readers probably know, Mattel makes the popular Barbie line of dolls and sued its...more
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