Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
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
By the judgment rendered on 22 October 2013 in the Belgian version of the long-lasting The Pirate Bay saga, the Belgian Court of Cassation (Belgium’s Supreme Court) confirmed the lawfulness of a far-reaching injunction order...more
Earlier this summer, the Obama administration dealt a blow to Standard-Essential Patent (SEP) holders by reversing an International Trade Commission (ITC) exclusion order granted in favor of an SEP holder. This action...more
This year AIPPI Executive Commettee meeting will take place in Helsinki, starting on Saturday 7 September. Among the issues that will be studied and discussed, the introduction of grace period for patents (Q233), the degree...more
Cyber attacks against U.S. entities—including theft of assets, vandalism of property, interference with business transactions, and misappropriation of trade secrets — have proliferated over the past few years. Cyber attack...more
The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing in section 337 of the Tariff Act of 1930 that precludes the Commission from...more
The Privacy Amendment (Privacy Alerts) Bill 2013 was introduced into Parliament on 29 May 2013. Having been recommended by the Senate Committee report tabled on 24 June, it appears that Parliament intends to pass the Bill...more
The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was...more
In This Issue:
News from the Bench:
- Six Ways to Sunday: Recent Federal Circuit Opinion Highlights Uncertainty in the Patent Eligibility of Computer-Implemented Inventions
- The Federal Circuit Affirms...more
Defenses based upon a patentee’s failure to provide reasonable and non-discriminatory (RAND) license terms are becoming a bigger issue and more common as more patentees sue companies on patents they claim are essential to...more
The White House today issued a fact sheet on high-tech patent issues, recommending seven legislative actions and taking five executive actions. According to the White House’s statement, innovators continue to face challenges...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
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
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.
In late June, Apple won one of the many battles that it is waging against one of its fiercest rivals - South Korea’s Samsung, manufacturer of the Galaxy line of smartphones and tablets. Riding the wave of Google’s Android...more
In an eagerly-awaited judgment, the Court of Justice of the European Union (CJEU) has held that the first sale doctrine applies to digital copies of software sold in the European Union or European Economic Area.
News that Canadian band In-Flight Safety has been subject to postings of its songs on YouTube being removed by the service for purported copyright infringement ("Maritime band battles to keep music on YouTube") means a timely...more
Standard setting is considered an inevitable process nowadays. It enables the interoperability of products and services from different vendors. The telecommunication sector, for example, is heavily penetrated by standards,...more
As the average duration of outsourcing contracts continues to become shorter, the issue of exit grows in importance. By tradition, best practice in negotiating exit terms has been: plan it early, and work hard to make it...more
Hermes International SCA (www.Hermes.com), maker of Birkin handbags and silk scarves, recently won a judgment that includes $100 million in damages against 34 websites that sold fake copies of its luxury goods on websites...more
The Anti-Counterfeiting Trade Agreement (ACTA) is the latest and most far-reaching attempt to harmonize intellectual property enforcement and strengthen anti-counterfeiting efforts across the globe. As of May 2012, the...more
Internet Service Providers (“ISP”) that typically provide video-sharing platforms, online shopping websites, or online digital libraries such as Baidu, Youku, and Tudou in China face increased penalties for intellectual...more
Since the bankruptcy filing of MF Global on October 30, the brokerage firm’s creditors have started to take action to recover their losses. These include suing the company’s advisers, searching for assets overseas and seeking...more
In this issue: Facebook, Inc. v. Teachbook.com LLC, 2011 WL 4449686 (N.D. Ill. Sept. 26, 2011); GoPets Ltd. v. Hise, 2011 WL 4394353 (9th Cir. Sept. 22, 2011); Hart v. Elec. Arts, Inc., 2011 WL 4005350 (D.N.J. Sept. 9, 2011);...more
Domestic industries in the U.S. now have a powerful tool to protect their trade secrets against international misappropriation. The tool – the International Trade Commission's ability to block imports – perhaps has been there...more
IP LEGAL NEWS AND UPDATES
Senate Passes Patent Reform;
Louboutin Gets the Boot: S.D.N.Y. Judge Denies Motion for Preliminary Injunction in Trademark Dispute Over Signature Red Soles;
CyberSource Decision Raises...more