Civil Remedies, Intellectual Property, Civil Procedure

Texas Puts its Lone-Star Spin on Trade Secret Protection

by Jonathon K. Hance, Karthika Perumal, Ph.D., Michael R. Samardzija, Ph.D., Jeffrey S. Whittle | Bracewell & Giuliani LLP on 5/24/2013

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

Louboutin International Trademark Dispute

by Anjali Shankar | Winthrop & Weinstine, P.A. on 5/24/2013

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

Laches, Acquiescence, and Trademark Injunctions - Who Should Be Upstream Without a (Greek) Paddle?

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/22/2013

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

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

by Jessica Lehrman | Morrison Foerster - Social Media on 5/21/2013

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

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

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

A First for FRAND: Federal Court in Microsoft v. Motorola Sets FRAND Royalty Rates for Standard Essential Patents

by Nick Grimmer, Stefan M. Meisner | McDermott Will & Emery on 5/9/2013

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

Patent Watch: Versata Software, Inc. v. SAP Am., Inc.

by Lawrence M. Sung | BakerHostetler on 5/7/2013

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

Copyright remedies: High Court rejects application for proprietary relief

by Stephen Edwards, Nick Swimer | Reed Smith on 5/1/2013

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

Florida Court Reverses Preliminary Injunction On Restrictive Covenant

by Peter C. Vilmos | Burr & Forman on 4/24/2013

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

Using Recievers to Collect Judgments Against Intellectual Property Assets

by Peter Davidson | Ervin Cohen & Jessup LLP on 4/24/2013

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 11, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 4/12/2013

- 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

The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital...

by Eric Feder, James Rosenfeld | Davis Wright Tremaine LLP on 4/10/2013

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 5, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 4/8/2013

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

Intellectual Property Newsletter - March 2013

by King & Spalding on 4/5/2013

*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

Patent Watch: Power Integrations, Inc. v. Fairchild Semiconductor Int'l, Inc.

by Lawrence M. Sung | BakerHostetler on 3/29/2013

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

Patent Watch: Frolow v. Wilson Sporting Goods Co.

by Lawrence M. Sung | BakerHostetler on 3/26/2013

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

Federal Circuit Affirms Finding of Infringement in SynQor v. Artesyn Techs.

by Lawrence M. Sung | BakerHostetler on 3/26/2013

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

Federal Circuit Review - Volume 3 | Issue 3 March 2013

by Knobbe Martens Olson & Bear LLP on 3/25/2013

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

2013 Update on Chapter 93A

by Mike Gilleran | Adler Pollock & Sheehan P.C. on 3/12/2013

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

Intellectual Property Newsletter - February 2013

by King & Spalding on 3/6/2013

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

The Balance Of Convenience In Applications For Interlocutory Injunctions: Embertec Pty Limited v Energy Efficient Technologies Pty...

by Ronelle Geldenhuys | Freehills Patent Attorneys on 3/5/2013

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

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Civil Remedies › Intellectual Property › Civil Procedure