Electronic Discovery Intellectual Property

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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

Top 5 Ediscovery Case Summaries - December 2013: Idaho: Court Orders Seizure of Hard Drive to Preserve Self-Identified Hacker’s...

Battelle Energy Alliance, LLC v. Southfork Sec., Inc., 2013 WL 5637747 (D. Idaho Oct. 15, 2013). In this copyright infringement case, the plaintiff sought an ex parte temporary restraining order forcing the defendants...more

W.D.N.Y. Proposes Local Patent Rules

The Western District of New York (W.D.N.Y.) recently announced proposed Local Patent Rules that would apply in all patent cases filed in this district. A copy of the proposed Local Patent Rules can be found here (see alert)....more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 4 (Fall 2013)

In This Issue: The Blurred Lines of What Constitutes Copyright Infringement of Music: Robin Thicke v. Marvin Gaye’s Estate; Terminology in a Computer Readable Medium Claim —“Physical,” “Tangible,” or “Storage”— Can...more

Weekly eDiscovery Top Story Digest - October 30, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

Simplify and Emphasize in Litigation Graphics

In oral argument, a litigator has very limited time—she needs to hit the high points and move on. She must communicate enough information to convince the judge or jury of her argument, yet must avoid getting mired in...more

Quarterly eDiscovery Top Story Digest Update - October 16, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use in the following pages of this document is a quarterly PDF roll-up of seventeen weekly updates of industry news, views, and events...more

Weekly eDiscovery Top Story Digest - October 9, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

Top EDiscovery Case Summaries - October 2013: Louisiana: Absent Requisite Specificity, Court Declines “Ultra-Broad” Motion to...

NOLA Spice Designs, LLC v. Haydel Enters., Inc., 2013 WL 3974535 (E.D. La. Aug. 2, 2013). In this trademark infringement case, the plaintiff refused to disclose user names and passwords in depositions and written responses,...more

Weekly eDiscovery Top Story Digest - October 2, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

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