Electronic Discovery Intellectual Property

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:
News & Analysis as of

UGG: Default Judgment and Treble Damages Entered Against Defendant Where Defendant Failed to Participate in Discovery

Plaintiff Deckers Outdoor Corporation ("Plaintiff") alleged that Defendants Superstar International, Inc. and Sai Liu ("Defendants") produce, advertise, and sell products that infringe Plaintiff's design patents for UGG...more

Bigger in Texas? High Court to Decide Scope of Protection for Third Party Trade Secrets in Civil Discovery

On August 22, 2014, the Texas Supreme Court ordered oral argument in In re: Magnum Hunter Resources Corp., a case concerning the discoverability of third-party trade secrets documents in civil cases. When should such...more

PTAB Continues Hard Line on Motions for Additional Discovery, Door Left Open for Some Limited Discovery

August 28, 2014 – The PTAB continues to take a hard line on motions for additional discovery, but shows a willingness to grant some limited additional discovery, as the following four decisions illustrate...more

Confidentiality & Sealing Orders in Software Disputes

Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a...more

Business Litigation Report -- August 2014

In This Issue: - Main Article: ..Ninth Circuit Shifts “Significant Expense” of Compliance with Third Party Subpoenas to Party Seeking Discovery - Noted With Interest: ..Delaware Court Finds Password...more

Judge Forrest orders meet and confer to narrow discovery dispute

Saying, “[t]here is no way the court would ever order 5000+ custodians to be searched (on this record),” Judge Forrest ordered the parties to meet and confer to attempt to narrow a list of custodians whose documents must be...more

Court Denies Monetary Sanctions Based on Overdesignation of Documents As Confidential-Outside Counsel Eyes Only But Orders...

In this patent infringement action brought by plaintiff Trustees of Boston University ("BU") , BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which pertains to light emitting diodes...more

Judge Forrest Denies Attorneys’ Fees and Ancillary Electronic Discovery Costs

Rejecting claims that the matter was “exceptional” under 35 U.S.C. § 285 so as to permit the recovery of attorneys’ fees, Judge Forrest declined to award fees incurred between the court’s Markman order and order on summary...more

The Mystery of the Federal Circuit Advisory Council’s Short-Lived Model Orders

In July 2013, the Advisory Council for the US Court of Appeals for the Federal Circuit, a committee that includes Federal Circuit litigators, law professors, court clerks, and government attorneys, issued a “Model Order...more

Two Tips for Inventors Filing Patent Applications [Video]

The intense patent activity in graphene stems from its enormous technological and commercial potential. But because much of the territory underlying the graphene cross-roads has already been claimed, patenting graphene poses...more

Cloud Computing Is a Hot Topic… in Business and the Courtroom

Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This article surveys some of the...more

You Can Run, But You Can’t Hide From Sanctions in Discovery

In an October 2013 order in Digital Vending Services International, Inc. v. University of Phoenix, the judge refused to grant the defendants’ request for spoliation sanctions but punished the plaintiff for its disclosure of...more

Socially Aware - Volume 5, Issue 2 - April 2014

In This Issue: - Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations - Driving Under the Influence (of Google Glass) - U.S. Courts’ Evolving Approaches to...more

Quality Control Is Job 1

In January, U.S. Magistrate Judge Paul S. Grewal sanctioned Samsung and its law firm for a series of violations involving the disclosure of a document containing confidential information in contravention of the court’s...more

Spoliation Instruction But No Terminating Sanctions in Coding Trade Secrets Case

The United States District Court for the Southern District of Texas declined to impose litigation ending discovery sanctions for several claims of spoliation, but does plan to issue a spoliation instruction in Quantlab...more

Defendant Fails to Meet Safe Harbor Standards with Deletion of Metadata (California)

Gardner v. Cafepress, Inc., 2014 WL 794216 (S.D. Cal. Feb. 26, 2014). In this copyright case, the plaintiff alleged that the defendant infringed on the plaintiff’s copyrights to an image and sought the seizure and/or...more

PersonalWeb v. Google: Duty to Preserve Emails Began When Patent Was Acquired

PersonalWeb Technologies, LLC ("PersonalWeb") filed a patent infringement action against Google for infringement of its "Truenames" patents. Google filed a motion for sanctions based on a contention that PersonalWeb...more

Business Litigation Reporter - March 2014

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Court Denies an Adverse Interference Absent Materiality (New York)

Cognex Corporation v. Microscan Systems, Inc., 2013 WL 6906221 (S.D.N.Y. Dec. 31, 2013). in this patent infringement suit, the defendants moved for sanctions for spoliation of a disk that was essentially destroyed...more

The Mystery Of The Federal Circuit Advisory Council’s Short-Lived Model Orders

In July 2013, the Advisory Council for the United States Court of Appeals for the Federal Circuit, a committee that includes Federal Circuit litigators, law professors, court clerks, and government attorneys, issued a “Model...more

BYOD: Policy Considerations for Employers in the Age of Personal Devices

Employees who use personal smart phones, PDAs, tablets, laptops and other electronic devices to connect to the employer’s computer network are fast becoming more of a rule than an exception. Today’s employees are often...more

Lackluster Retention Policy Leads to Spoliation Sanctions (California)

Zest IP Holdings, LLC v. Implant Direct Mfg., LLC, 2013 WL 6159177 (S.D. Cal. Nov. 25, 2013). In this patent and trademark infringement case, the plaintiffs sought sanctions for the defendants’ alleged spoliation and...more

JAMS Dispute Resolution Alert - Winter 2013

In This Issue: ..In Depth: Why ADR Can Help Address the Rising Tide of Copyright Litigation ..ADR Conversations: How the Failure to Settle Affects the Workplace for Both Employees and Companies ..Domestic Focus:...more

BakerHostetler Patent Watch CBT Flint Partners, LLC v. Return Path, Inc.

On December 13, 2013, in CBT Flint Partners, LLC v. Return Path, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, O'Malley, Taranto*) reversed-in-part, vacated-in-part and remanded the district court judgment...more

E-Discovery in Patent Cases: A Look at “Model Orders”

Last week, we wrote about the proposed Local Patent Rules in the Western District of New York (W.D.N.Y.), which include a “Model Order Regarding E-Discovery in Patent Cases.” The Western District’s Model E-Discovery Order is...more

148 Results
|
View per page
Page: of 6

Follow Electronic Discovery Updates on: