General Business Science, Computers & Technology Civil Remedies

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Judge Forrest rejects Leveraged Innovations’ second bite at the apple in seeking to enforce its patented technology because of its...

Direxion Shares, ETF Trust v. Leveraged Innovations L.L.C. Case Number: 1:14-cv-01777-KBF - On March 14, 2014, Direxion Shares, ETF Trust (“Direxion”) filed a declaratory judgment action against Leveraged...more

Sandoz Was Disinvited to the Patent Dance: The Federal Circuit's First Interpretation of the BPCIA Will Have to Wait

Since the 1984 enactment of the Drug Price Competition and Patent Term Restoration Act, Hatch-Waxman litigation has dominated the sphere of life-sciences patent litigation. The battle between proprietary and generic...more

Damages in “Aggravated Breach” Cases

We have written before about the “aggravated breach of contract” theory under N.C. Gen. Stat. § 75-1.1. This theory can make a breach of contract a springboard to treble damages....more

Federal Circuit Provides Important Guidance in RAND Disputes

On Dec. 4, 2014, the Federal Circuit issued a much-anticipated opinion in Ericsson, Inc. v. D-Link Sys., Inc., Nos. 2013-1625, -1631, -1632, -1633 (Fed. Cir. Dec. 4, 2014). The panel—consisting of Judges Kathleen O'Malley,...more

In re: Nexium: Ranbaxy’s Motion for a Mistrial to Be Argued Today

Today, the Nexium district court will hear arguments on the Ranbaxy defendants’ motion for a mistrial. As we have previously reported, In re: Nexium is the first pay-for-delay case to go to trial since the Supreme Court’s...more

Medical Device Update

In This Presentation: • Medical device patent statistics • Non-practicing entity (NPE) litigation • Inter partes reexam (IPR) update • Important litigation – Edwards v. Medtronic – Masimo v. Philips –...more

SEC Charges Former Pharmaceutical Executive and Close Friend With Insider Trading

The Securities and Exchange Commission recently charged a former pharmaceutical company executive and his longtime friend with insider trading, alleging that the friend generated more than $1 million in illicit profits by...more

Gordon Lightfoot, the Edmund Fitzgerald and the Bio-Rad FCPA Settlement, Part I

This month there are two dates that are forever tied together in the annuals of maritime tragedies and great songwriters. November 10 is the 39th anniversary of the sinking of the Great Lakes freighter the SS Edmund...more

Highmark and Octane Helped, But Legislation on Fee Shifting Still Necessary

There is a continued need for patent reform to address the asymmetrical costs that patent litigation imposes on defendants. Given the substantial costs imposed on U.S. technology companies by the number of suits brought by...more

Marriott signs FCC Consent Decree and agrees to pay $600,000 civil penalty for Wi-Fi blocking

Have you ever wondered why your cell phone or personal Wi-Fi hot spot does not seem to work in some hotels? As more business and leisure travelers equip themselves to stay in constant communication with their work...more

Court Was Wrong to Re-Write Covenants

In Prophet v Huggett [2014] ECWA Civ 1013, the Court of Appeal has overturned a recent decision of the High Court in which it had re-written a non-compete covenant to give it commercial effect. You may recall that we...more

How Website Operators Use CFAA To Combat Data-Scraping

“Web scraping” or “Web harvesting” — the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders” — accounted for 18 percent of site visitors and 23 percent of all...more

California Tax Developments - A Reed Smith Quarterly Update (2nd Quarter 2014)

Case Updates - California’s taxing agency gets reprimanded again; ordered to pay $2.6 million in attorneys’ fees. We previously reported on the Los Angeles Superior Court case Lucent Technologies, Inc., et al. v. Board...more

Data Breach Litigation – A New Wave of Class Actions by Financial Institutions

Rarely does a day go by without news of a data security breach. According to the Identify Theft Resource Center, there have been a total of 447 data breaches to date this year, which represents a 20.5% increase over the same...more

UPDATE: Germany to Tighten Data Protection Laws: Consumer Protection Associations and Trade Associations shall be Granted Right to...

As contemplated in the Newsflash in March 2014, the German Federal Ministry of Justice in June 2014 finally presented the new draft bill that allows consumer protection associations as well as trade associations to take...more

Trade Secrets Protection Act of 2014 Introduced in Bi-Partisan Effort to Protect Businesses From Cyber Security Threats

On July 29, 2014, North Carolina Congressman George Holding introduced the Trade Secrets Protection Act of 2014, H.R. 5233, which seeks to create a private federal remedy for victims of trade secret theft. Representative...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

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

Sanctions Are Appropriate for Factual Misrepresentation and Abuse of Judicial Process

Monsanto Co. v. E.I. Du Pont de Nemours & Co. - Addressing the issue of sanctions following a finding that a litigant abused the judicial process and acted in bad faith, the U.S. Court of Appeals for the Federal...more

Massachusetts Federal Court Refuses to Transform Non-Disclosure Agreement into a Non-Competition Agreement

A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification...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

Florida Federal Judge Approves Settlement Agreement Providing Payments to All Victims of Data Breach, Even Those Who Suffered No...

On February 28, 2014, in Resnick et al. v. AvMed Inc., a Florida federal judge gave final approval to a groundbreaking settlement agreement in a data breach class action lawsuit. The settlement for the first time provides...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

The Next Generation of Data Breach Notice Law — Florida’s Information Protection Act of 2014

In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities....more

Biotronik A.G. v. Conor Medsystems: Be Sure to Expressly Exclude Lost Profits in Drafting New York Law Contracts

On March 27, 2014, the New York Court of Appeals held that a provision excluding both parties' liability for consequential damages would not preclude recovery of lost profits that the court found were the direct and probable...more

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