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Despite The Cheers, The Defend Trade Secrets Act Bill Has Holes: What’s A Plaintiff To Do If It Passes?

State court or federal court? If the Defend Trade Secrets Act of 2014 (DTSA) (S. 2267, introduced on April 29, 2014) becomes law, then trade secrets plaintiffs — not just those who can maintain diversity jurisdiction — could...more

Federal Trade Secret Legislation Proposal Gains New Life

The prospects for federal trade secret legislation has heated up again as there appears to be bipartisan support for a new bill. After failing in previous years, Senator Coons (D) recently joined forces with Senator Hatch (R)...more

Federal Circuit Upholds RevitaLash Unfair Competition Violation

In Allergan, Inc. v. Athena Cosmetics, Inc., the Federal Circuit decided an appeal that did not present any patent issues, finding that the allegations of patent infringement in the underlying complaint gave it exclusive...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 12, 2013

Fox Television Stations, Inc. v. FilmOn X LLC, USDC, District of Columbia, September 5, 2013 - Adding to split among courts on this issue, D.C. district court issues preliminary injunction against internet television...more

Federal Circuit Review - Volume 3 | Issue 3 March 2013

In This Issue: • State Courts Should Handle Patent Malpractice Cases • “A” and “An” in Claims Mean “One or More” • No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more

King & Spalding's Intellectual Property Newsletter - October 2012

In This Issue: - News From the Bench - .. The en banc Court Speaks On Divided Infringement, But Not With One Voice. .. Can Recent Conflicting Decision On The Patent Eligibility of Business Methods Be...more

Two Recent Decisions From Courts of Appeals Address Important Intellectual Property Issues in Bankruptcy

In the last two weeks, the 6th Circuit and 7th Circuit Court of Appeals each issued decisions on important intellectual property issues in bankruptcy. In the first decision, the 6th Circuit held that bankruptcy's...more

District Court Allows False Marking to be Re-pleaded as Consumer Protection Claim

The Leahy-Smith America Invents Act bars suits for false marking of patent rights except those brought by the federal government or in which a competitor can establish competitive injury. Now a district court in Virginia has...more

Useful in the United States, But Not in Canada: Divergent Applications of the Statutory Utility Requirements

Recent decisions by appellate courts in Canada and the United States highlight the sharp conflict in judicial application of the statutory "utility" requirements under the patent laws of those countries. The decisions...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - June 29, 2011

Table of Contents: •Cabell v. Sony Pictures Entertainment •Glen E. Friedman v. Thierry Guetta Cabell v. Sony Pictures Entertainment, USCA Second Circuit, June 24, 2011 •Circuit court affirms summary judgment in...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - February 16, 2011

Table of Contents • Experience Hendrix, L.L.C. v. Hendrixlicensing.com, LTD • Zamoyski v. Fifty-Six Hope Road Music Limited, Inc. Experience Hendrix, L.L.C. v. Hendrixlicensing.com, LTD, USDC W.D. Washington,...more

Litigation Alert - Federal Copyright Law Preempts State Law Breach of Confidence and Implied Contract Claims for Unauthorized Use...

On June 3, 2010, the Ninth Circuit Court of Appeals held that federal copyright law preempts common law breach of confidence and implied contract claims in situations where plaintiffs attempt to retain rights to share profits...more

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