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
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
In a growing body of legal authority regarding standards-essential patents (SEPs), Northern District of California Judge Ronald Whyte ruled Monday that an owner of SEPs violated its licensing commitments by initiating a U.S....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
*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
The U.S. Supreme Court today issued its decision in Kirtsaeng v. John Wiley & Sons, Inc. In a 6-3 ruling, the Supreme Court held that the first sale doctrine, which protects the owner of a lawful copy of a copyrighted work,...more
In This Issue: - Counterfeiter’s Beware – Canada Introduces New Law to Deal with Counterfeit and Pirated Products - A “Sign” of Things to Come – How Bill C-56 Will Change Canadian Trade-Mark Law - Excerpt...more
On March 1, 2013, the Government of Canada introduced Bill C-56 in the House of Commons (The Combating Counterfeit Products Act). Bill C-56 introduces a series of amendments to the Copyright Act and the Trade-marks Act,...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
On January 8, the U.S. Department of Justice, Antitrust Division (“DOJ”) and the U.S. Patent & Trademark Office (“PTO”) (collectively, “the Agencies”) issued a joint policy statement regarding remedies for Standards-Essential...more
Introduction - The U.S. Congress recently passed two laws that raise the stakes dramatically for employees of financial services firms and anyone else who misappropriates trade secrets, including source code and other...more
If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more
The International Trade Commission (“Commission”) has seen a spike in investigations related to the misappropriation of trade secrets since the Federal Circuit’s determination in TianRui Group Co. Ltd. v. U.S. Int’l Trade...more
In This Issue: - FIGHTING COUNTERFEITS IN CHINA – LIGHT AT THE END OF THE TUNNEL? - FEDERAL CIRCUIT EXPANDS SCOPE OF INDUCED INFRINGEMENT FOR METHOD PATENTS - JURISDICTIONS SPLIT ON WHEN COPYRIGHT REGISTRATION...more
Protecting and enforcing trade secrets in the United States has historically been challenging. Recent amendments to the Economic Espionage Act of 1996 (the "EEA"), which criminalizes theft of trade secrets, broaden the scope...more
In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more
Chief Economists from the US Federal Trade Commission, the US Department of Justice and the EU Directorate General for Competition, have agreed on a set of four, non-binding suggestions that should—if followed by...more
After being slammed with a verdict of $919.9 million against it in September 2011, South Korean-based Kolon Industries suffered its second whammy in August when the United States District Court for the Eastern District of...more
In This Issue: - Back to the Future: Fed Circuit Affirms Doctrine of Equivalents for Later-Arising Computer Technology. - Federal Circuit to Revisit §101 Issues Relating to Computer-Implemented Inventions. -...more
Trade secrets are often a key part of many companies’ operations and intellectual property portfolios. For U.S. companies doing business abroad that rely on off-shore manufacturing of their products, trade secret...more
In This Issue: Conducting Efficient Patent Litigation Discovery - The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront...more
Copyright reform in Canada has, after a decade of effort, finally moved towards implementation. On November 7, 2012, pursuant to an Order in Council, many provisions of the Copyright Modernization Act, SC 2012, c 20, came...more
In This Issue: - News From the Bench - .. The en banc Court Speaks On Divided Infringement, But Not With One Voice. .. Can Recent Conflicting Decision On The Patent Eligibility of Business Methods Be...more
I was fortunate to work with the team that won a $125,000+ judgment against the City of Paris (France, not Texas) for reverse domain name hijacking. In laymen’s terms, that is when an alleged trademark owner overreaches and...more
Today's Chicago Tribune Business section contains a lead article on the sentencing of Hanjuan Jin (right), the former software engineer who was caught boarding a plane to China with highly confidential documents...more
Tire Engineering and Distribution, LLC et al. v. Shandong Linglong Rubber Company, Ltd. et al., No. 10-2271 (4th Cir. 2012), addresses several issues of international practice. The plaintiff sued non-U.S. defendant, not in...more
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