General Business Science, Computers & Technology Civil Procedure

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The Supreme Court Addresses Scope of Section 11 Liability for Statements of Opinion

As the Supreme Court recently explained in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S. Ct. 1318 (2015), that distinction is significant when it comes to liability under Section 11 of...more

Did the 7th Circuit Just Ease the Way for Consumer Data Breach Lawsuits?

On July 20, 2015, a federal appeals court in Chicago issued what could be a watershed ruling in favor of consumers pursuing class action lawsuits against retailers and other companies following data breaches that involve the...more

Federal Circuit Issues Its First Decision Interpreting BPCIA

The courts must “say what the law is,” even when that law, as Judge Lourie described the BPCIA, is “a riddle wrapped in a mystery inside an enigma.” Today, in Amgen Inc. v. Sandoz Inc., No. 2015-1499 (Fed. Cir. July 23,...more

Huawei v ZTE - CJEU Landmark Decision Provides New Ground Rules for Asserting Standard-Essential Patents in Europe

In a landmark decision issued on July 16, 2015, the Court of Justice of the European Union (CJEU) provided new guidelines on how patent infringement courts in Europe should deal with patent proprietors seeking injunctions or...more

Alert: New York District Court Articulates New Test for Assessing the Validity and Enforceability of Online Agreements

In April 2015, the United States District Court for the Eastern District of New York defined a new category of online agreement, the "sign-in-wrap" agreement, which it distinguished from clickwrap agreements. The court then...more

Check Your Technology License: Payments May Be Unenforceable

Expiration of a patent also terminates the rights to collect royalties on that patent – even if a license contract says otherwise. All businesses are reminded to check the termination date of any patent licensed to the...more

The Medicines Company v. Hospira - Preparation of validation batches by a contract manufacturer for FDA submission creates an...

On July 2, 2015, the Court of Appeals for the Federal Circuit held that a patent owner’s use of a contract manufacturer (CMO) to prepare validation batches of a drug formulation for submission to FDA created an invalidating...more

Federal Circuit Affirms That No Supplier Exception Exists When It Comes To The On-Sale Bar

On July 2, 2015, the Federal Circuit issued a decision in The Medicines Company v. Hospira, Inc., --- F.3d ---, 2015 WL 4033143 (Fed. Cir. July 2, 2015) reversing the District of Delaware’s finding that the asserted claims...more

Court Holds That Evidence of Clickwrap Assent Not Always Sufficient When Evidence Disputing Assent is Presented

On June 29, in Jim Schumacher, LLC v. Spireon, Inc., Civ. Action No. 3:12-cv-00625-TWP-CCS, a Tennessee federal judge denied the motion for partial summary judgment as to the breach of contract claim because there was...more

U.S. Supreme Court Holds Patent Holders Can’t Charge Royalties After Patent Expires

In a decision issued June 22, 2015 — Kimble v. Marvel Entertainment, LLC — the United States Supreme Court reaffirmed and declined to overrule long-standing precedent holding that a patent holder cannot charge royalties for...more

Is An Offer Of At-Will Employment Adequate Consideration For A Non-Compete? Recent Court Rulings Split Three Ways

Three very recent decisions reflect the irreconcilable division of judicial authority regarding the adequacy of at-will employment as the sole consideration for an otherwise valid non-compete. Compare (a) Standard Register...more

New Case Highlights Deep Hole in Cyber Insurance Policies

Insurance policies covering data breach liability began appearing roughly ten years ago. We noted then a troublesome provision in some forms that seemed to exclude coverage for the insured’s failure to maintain data security...more

Litigation Alert: Even Spider-Man Can't Defeat Ban on Post-Patent Expiration Royalties

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” 379 U.S. 29, 32 (1964). On June...more

IT Project Disputes Management - Managing the Cloudy Skies

In this issue: - Overview of Presentation - Prevention is better than cure - Fix problems in the design phase - Early diagnosis and treatment of problems - So what do you do? - Areas of major...more

Free Wi-Fi: German Court Seeks Clarification in Luxembourg

Compared to other countries, Germany lags behind when it comes to free Wi-Fi spots. A recent study conducted by the Association of the German Internet Industry has shown that of around one million public hotspots in Germany...more

E-signatures and the law Infographic: How should companies make the most of e-signatures?

The term e-signature covers a range of ways to authenticate documents without the need for a physical signature. How should companies make the most of e-signatures?...more

The Devil in the “Cyber” Insurance Details

There’s a tempest amidst the recent spring shower of “cyber” insurance cases. It isn’t the Recall Total case reported the week before last, or the Travelers v. Federal Recovery Services case reported the week before. While...more

Court Of Chancery Again Limits Covenant Claims

Akzo Nobel Coatings Inc. v. The Dow Chemical Company, C.A. No. 8666-VCP (June 5, 2015) This is yet another decision declining to uphold a claim based on the covenant to deal in good faith and fairly....more

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

Act II: Oral Argument in Amgen v. Sandoz is heard at the Court of Appeals for the Federal Circuit

The Court of Appeals for the Federal Circuit yesterday heard oral arguments on the applicability and interpretation of two key provisions of the Biologics Price Competition and Innovation Act (BPCIA). Briefly, oral argument...more

Second Circuit Affirms Preliminary Injunction in People of the State of New York v. Actavis PLC

We’ve previously covered the New York State Attorney General’s (“NYS AG”) lawsuit against Actavis PLC and Forest Laboratories seeking to prevent them from discontinuing sales of the Forest drug Namenda IR, which is used to...more

Locke Lord QuickStudy: Filling in Some Actavis Gaps - California Supreme Court Adopts Structured Rule of Reason Test for Antitrust...

A sweeping new opinion from the California Supreme Court revives California Cartwright Act challenges to pay-for-delay pharmaceutical patent settlements. In re Cipro Cases I & II, (Case No. S198616, Slip Op. May 7, 2015). A...more

Connecticut Supreme Court’s Insurer-Friendly Decision on Data Breach Incident

On January 27, 2014, the Sedgwick Insurance Law Blog posted the following summary entitled, “ Highway Data Dump – Who are You Going to Call to Recover $6 Million?,” addressing the appellate decision in Recall Total Info....more

Failure to Obtain Required Retailer Approval Scuttles Target-MasterCard Data Breach Settlement

Target’s attempt to resolve claims of MasterCard-issuing banks through a $19 million private settlement with MasterCard has been terminated for failure of issuers of 90% of the affected cards to accept the settlement by the...more

Will Your Cyber Insurance Respond When You Need It Most?

On May 7, Columbia Casualty Company, an insurance company, filed one of the first lawsuits by an insurer seeking to deny coverage for a privacy class action under a cyber insurance policy. Why is this significant? As the...more

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