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On November 19, 2014, the Arizona Supreme Court ruled in Orca Communications Unlimited, LLC v. Noder that the Arizona Uniform Trade Secrets Act (AUTSA) does not preempt common law tort claims for misappropriation of...more
Krauser v. Biohorizons, Inc. -
Addressing whether a declaratory judgment action qualified as a civil action relating to patents for purposes of establishing appellate jurisdiction, the U.S. Court of Appeals for the...more
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
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
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
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
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
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
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
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
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
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
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
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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