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English High Court considers co-existence provisions under German and English law

In two recent IP decisions in the English High Court, the interpretation of a settlement agreement and a co-existence agreement have been carefully considered. In DKH Retail and Others v SRG Apparel Plc and Others, English...more

Jurisdiction Cannot Be Cured Retroactively If Plaintiff Lacked Substantial Rights to Patent When Suit Was Filed

In Diamond Coating Tech. v. Hyundai Motor, [2015-1844, 2015-1861] (May 17, 2016), the Federal Circuit affirmed the dismissal of a patent infringement action for lack of standing. The Federal Circuit agreed that Diamond...more

Quicker, easier and cheaper? New Rules for patent prosecution in India

Several notable amendments to India’s patent Rules came into effect on 16 May 2016, following the publication of draft Rules in November last year. The new Rules, which seek to fast track applications and introduce a number...more

President Obama Signs the Defend Trade Secrets Act into Law

On May 11, 2016, the President signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating the first federal civil remedy for trade secret misappropriation. Last month, the Senate unanimously passed the bill, S....more

No Microscope Needed to See Why This Non-Compete Is Unenforceable

When is a microscope not needed? When the problem one is looking at is big as an elephant, not small as an amoeba. Nion, an electron microscope manufacturer, contracted with Gatan, a spectrometer manufacturer, to use...more

California Court Refuses to Dismiss Biometric Privacy Suit against Facebook

The District Court for the Northern District of California recently issued what could be a very significant decision on a number of important digital law issues. These include: the enforceability of “clickwrap” as compared...more

Policyholder Takeaways From Portal

In a solid victory for policyholders, the Fourth Circuit upheld coverage last week for a potential data breach incident involving confidential medical records. The case is The Travelers Indemnity Co. of America v. Portal...more

California Appeals Court Provides Guidance on the Use of Electronic Signatures by Employees

In many companies, new employees sign key documents and policies—including arbitration agreements—with the use of electronic signatures. There has been a growing trend in litigation brought by former employees to challenge...more

7th Circuit Revives P.F. Chang’s Data Breach Class Action Suit

Last week, the Seventh Circuit revived a data breach class action against P.F. Chang’s restaurant in an important opinion that continues a plaintiff-friendly trend that began with the court’s opinion in the Neiman Marcus case...more

TPPs Fail to Put Their Money Where Their (Litigation) Mouth Is and Lose

In third party payor litigation over prescription medical products, we have often marveled at the causation arguments that plaintiffs have offered and the willingness of some courts to accept collective proof over what really...more

Medical Software Company Wins $940 Million in Trade Secret Case

A jury recently awarded Epic Systems Corporation (“Epic”), a medical software company, $940 million in damages in a case against Tata Consultancy Services Limited (“Tata”) involving theft of Epic’s trade secrets and...more

Covenant Not to Sue Insufficient to Warrant Dismissal of Counterclaims Where Covenant Contained Reservation of Rights

The plaintiff filed a motion to dismiss the defendants' patent invalidity counterclaims for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. Rule 12(b)(1) because the plaintiff withdrew its patent infringement...more

“But I Only Wore It Once!”: The Rising Cost of Return Fraud

Your customers may be thinking, "What’s the harm in wearing something once and returning it?" But return fraud can have a big impact on a retailer's bottom line. The National Retail Federation estimates that return fraud will...more

Fourth Circuit Finds That Traditional CGL Policies May Continue to Provide Coverage for Cyberliability Claims

A federal U.S. Court of Appeals has confirmed that comprehensive general liability (CGL) and other traditional policies may yet be a source of liability insurance coverage for cyberliabilities. Although a dedicated...more

Hanging Around: Fourth Circuit Confirms the Coverage for Data Breach Can Still Be Found in Traditional Liability Policies

With today’s increased focus on data breaches and related cyber liability exposure, the insurance market continues to develop policies tailored to this unique risk. Insurers are also excluding cyber risks in many traditional...more

Fourth Circuit Expands Cyber Coverage under Commercial General Liability Policies

The United States Court of Appeals for the Fourth Circuit recently affirmed a decision by the United States District Court for the Eastern District of Virginia, Alexandria Division (District Court), finding that Travelers...more

Court Upholds Coverage Under General Liability Policy for Claim Alleging Failure to Protect Data

In an encouraging development for insureds, the United States Court of Appeals for the Fourth Circuit held that a health care company’s general liability insurer was required to defend the company against claims stemming from...more

Big Win For Policyholders in Fourth Circuit Finding Duty to Defend Under General Liability Policy for Data Breach!

This week, the Fourth Circuit affirmed the lower court’s ruling of summary judgment in favor of the policyholder Portal Healthcare, finding that Travelers has a duty to defend it under a General Liability policy for a...more

Fourth Circuit Finds Coverage for Information Breach under CGL Policy

For policyholders and attorneys that have feared the lack of coverage for data breaches under traditional policies (CGL, property), a recent ruling suggest that it is not time to write off those policies as a potential source...more

Trustwave Case Highlights Cyber-Risk to Professional Service Providers

In a case that we believe reflects a real future trend in the cyber-risk industry, Las Vegas casino operator Affinity Gaming (“Affinity”) is suing Chicago-based IT security firm Trustwave Holdings, Inc. (“Trustwave”) for...more

Stent Contract Collapses Standing Argument - TriReme Med., LLC v. AngioScore, Inc.

Addressing the issue of when patent rights are assigned under a contract, the US Court of Appeals for the Federal Circuit overturned the district court’s finding that a prospective inventor had surrendered his rights to an...more

Policyholder’s Bad Faith Claim Against Cyber-Insurer Survives Summary Judgment

In follow up on an older entry, the Court in Travelers Prop. Cas. Co. of Am. V. Fed. Recovery Servs., recently issued another order granting partial summary judgment in favor of a cyber-insurer, but also allowed the bad faith...more

One Year Later: Omnicare’s Effect on Opinion Liability

One year ago today, in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S.Ct. 1318 (2015), the Supreme Court created a new test for opinion liability under Section 11 of the Securities Act,...more

Think Mink, part 2: Florida Federal Court Slams Door on Parallel Claims

Last November we blogged about "specialized" preemption issues in several cases, including Mink v. Smith & Nephew, Inc., 2015 WL 7356285 (S.D. Fla. Nov. 19, 1015). The plaintiff in Mink claimed physical injuries from a...more

US District Court in Southern California Rules No Coverage for HIPAA Investigation

The District Court for the District of Southern California was asked to reconsider its prior decision issued on motions for summary judgment in coverage litigation between Millenium Labs, Inc. (“Millenium”), and its insurer,...more

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