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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

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

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

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

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

Myriad - One Year Later

The Supreme Court decision last year on June 13, 2013 in Association of Molecular Pathology v. Myriad Genetics may have been a watershed moment for the biotechnology industry. So far the effects have been hard to detect, but...more

Take Note: Canada’s Notice and Notice Regime Is Coming into Force

In a statement dated June 17, 2014, the Canadian government announced the coming into force of Canada’s new Notice and Notice regime, included as part of The Copyright Modernization Act (which provides for the most recent...more

Judicial Efficiencies and Economy Support Bifurcation of Liability and Damages at Trial

Endo Pharmaceuticals, Inc. v. Actavis, Inc., et al. Case Number: 1:12-cv-08985-TPG (Dkt.55) - Endo brought suit against Actavis, as well as over a dozen other pharmaceutical manufacturers, for allegedly...more

Golden Bridge v. Apple: No Third Bite at the Apple as Damage Expert Excluded After Two Failed Reports and Where Trial Was Already...

Two weeks earlier, the court excluded the expert opinion and testimony of Plaintiff Golden Bridge Technology's ("GBT") damages expert. Nonetheless, the court gave GBT one week to submit a new report based on a new theory....more

NewPoint Media Seeks Declaration of Non-Infringement of Easy IP Patent and Copyrights Covering Custom Advertisement Creation

NewPoint Media Group, LLC (“NewPoint Media”), filed a complaint in the Northern District of Georgia seeking a declaratory judgment against Easy Intellectual Property Licenses, LLC (“Easy IP”) declaring that NewPoint Media...more

Microsoft Corp. v. DataTern, Inc.: Suppliers’ Standing To Bring A Declaratory Judgment Action Based On Customer Suits

On May 5, 2014, the Federal Circuit issued an opinion in Microsoft Corporation v. DataTern, Inc. that clarified, at least in part, the circumstances under which a supplier may bring a declaratory judgment action based on...more

Boston Copyright Round Table on Policy, Creativity and Innovation

The Department of Commerce is holding a round table at Harvard Law School on June 25, 2014 to discuss the Internet Policy Task Force’s Green Paper on Copyright Policy, Creativity and Innovation in the Digital Economy,...more

A Combination of References Need Only Provide a “Reasonable Expectation of Success”

Hoffmann La-Roche Inc. v. Apotex Inc. - Addressing the validity of a dosing regimen patent in Abbreviated New Drug Application (ANDA) litigation, the U.S. Court of Appeals for the Federal Circuit affirmed a lower...more

IP Newsflash - May 2014

FEDERAL CIRCUIT CASES - Newsgroup Post Held to be A Printed Publication and Anticipatory Prior Art - On May 27, 2014, the Federal Circuit affirmed a decision granting summary judgment of invalidity by the...more

Federal Circuit Grants Emergency Stay of Preliminary Injunction for Critical Medical Products

Edwards Lifesciences AG v. CoreValve, Inc. - Less than one week after a district court granted a preliminary injunction, banning some U.S. sales of some of CoreValve’s heart valve system, the U.S. Court of Appeals for...more

News From Abroad: Australia Is a Favourable Jurisdiction for Innovator Pharmaceutical Companies Seeking Interlocutory Injunctions

Due to the complexity of Australian patent litigation, it can take more than 18 months for a patent dispute to be finally determined by a judge. This is more than enough time for an infringing competitor to irreversibly...more

SDNY Patent Litigation Update: Vol. 1, No. 5

The New York patent litigation attorneys at Robins, Kaplan, Miller & Ciresi L.L.P. track the SDNY docket so you don't have to. The SDNY Patent Litigation Update provides a single-resource, monthly summary of patent...more

Court of Justice of the European Union Holds that ISPs May Be Ordered to Block Customer Access to Websites Infringing Copyright

UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH - On a reference from the Supreme Court of Austria, the Court of Justice of the European Union (CJEU) has held that ISPs may be ordered to block their customers’...more

What’s in a Structure? Google Loses Bid to Have Java Interfaces Deemed Unprotectable, as Federal Circuit Reaffirms Copyright...

The intersection of copyright and patent law is of great interest to anyone who seeks to develop or use creative works that are also functional, in particular developers of software, which by its very nature is functional. In...more

Post-Grant Report - May 2014: Playing Offense As A Defendant: Using Covered Business Method Review To Turn The Tables In Patent...

New patent infringement lawsuits fill the dockets every morning. The asserted patents are often directed to a process involving financial services or products, electronic commerce, or monetary matters. The patents may...more

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