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On 11 June 2013, the European Commission (the “Commission”) proposed a new Directive on private damages actions for breaches of EU competition law. This note highlights the key changes proposed by the Commission, which, if...more
"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the absence of a...more
Often overlooked with the emerging entrepreneurial spirit amongst musicians, are the mundane (but necessary) legal matters associated with managing their own career. Remember, your band is your business. Treating it like your...more
Two recent decisions emphasize yet again the value of defining and taking steps to protect a company’s trade secrets. On May 16, 2013, Judge England issued a preliminary injunction in Farmers Insurance Exchange v....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
It is 4:00 p.m. on a Friday afternoon. You just learned that your top-performing salesman resigned his position to accept employment with a direct competitor. You quickly locate the salesman’s personnel file to determine...more
New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into...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
The Fifth Circuit’s affirmance last week of a $44.4 million trade secrets award in the Wellogix v. Accenture case is a weighty reminder of the power of circumstantial evidence in trade secrets cases, and the importance of...more
For decades, Texas was the wild west of trade secrets law, governed by the state’s outdated common law with no trade secrets statute on the books. ...more
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
In our December post “A FRANDlier Realm” we discussed emerging law relating to patents that are essential to technological standards, like 3G wireless telecommunications. What happens when patent owners and product makers...more
In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more
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
Employers in New Hampshire now must comply with further restrictions on their ability to enforce non-compete and anti-piracy agreements. Venturing further into the already murky area of the enforceability of such agreements,...more
On Monday, I offered several reasons why non-compete cases don't settle. Today I flip this concept around. It is true most non-compete cases do settle, a reflection that business cases get resolved for pure economic...more
Introduction - Increased public and regulatory attention has been recently given to litigation remedies available to standard essential patent (“SEP”) holders who have committed to offer patent licenses on fair,...more
On March 18, 2013, TBA Global, LLC, a live events market and communications agency, sued LEO Events, LLC and several of its owners for breach of non-solicitation agreements and misappropriation of TBA’s trade secrets and...more
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
In LifeScan, Inc. v. Shasta Technologies, LLC, 2013 U.S. Dist. LEXIS 38677 (N.D. Cal. Mar. 19, 2013), Judge Davila granted plaintiff’s motion for a preliminary injunction to address claims of patent infringement, and...more
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
One of the more difficult aspects of trade secrets law is determining how long to enjoin competitive conduct that infringes trade secret rights of the owner....more
Earlier this month, the U.S. District Court for the Southern District of California awarded more than $11 million in attorneys' fees and costs to three trade secret defendants, finding that plaintiffs who had raised a claim...more
Most non-compete (and some trade secrets) cases are effectively decided at the preliminary injunction stages. For counsel, this means that a significant part of the lawsuit must be tried quickly and with great efficiency....more
The long-running dispute between Mattel and MGA Entertainment is one of the most notable, costly competition cases of the last decade. As most readers probably know, Mattel makes the popular Barbie line of dolls and sued its...more
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