Intellectual Property Alternative Dispute Resolution (ADR) Civil Procedure

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PTAB Will Not Review Contract Issues Even if They Relate to Standing

Whether a Petitioner breached a contract, that limited its ability to challenge a patent, is an issue outside the purview of the PTAB, per a recent decision in Ford Motor Company v. Paice LLC & The Abell Foundation, Inc.,...more

Fabricating Evidence and Losing Arbitration

Seagate Tech., LLC v. W. Digital Corp - Addressing an issue of whether an arbitrator inappropriately sanctioned a party that had been found to have fabricated evidence and whether the arbitrator refused to consider...more

Business Litigation Report -- October 2014

In This Issue: - Main Article: ..Multi-Jurisdictional Enforcement of Judgments - Noted With Interest: ..New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for...more

Protecting Confidentiality of Patent Infringement Settlements: Is Mediation Necessary?

Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the...more

PTAB - Ford is not barred from challenging a patent on a hybrid vehicle based on the unproven assertion that it breached an...

In Ford Motor Company v. Paice LLC & The Abell Foundation, Inc., Ford filed a petition seeking inter partes review of U.S. Patent No. 8,214,097 relating to a hybrid vehicle having, among other things, both an internal...more

Federal Court Remands Action To Confirm Arbitration Award: No Subject Matter Jurisdiction

A federal court in California recently rejected efforts to remove a state court arbitration confirmation proceeding to federal court. The underlying royalties dispute had been addressed in an arbitration, and ultimately the...more

Be Careful What You Ask for: Selecting Forums for Arbitration

On October 2, 2014, the United States Court of Appeals for the Eleventh Circuit rendered its decision in Inetianbor v. CashCall, Inc. Although this case did not involve a non-compete agreement, the Eleventh Circuit’s guidance...more

Litigation and enforcement in Japan: overview

What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation - Litigation is the most frequently used dispute resolution method to settle large...more

Hallmark Cards Awarded $47 Million for Misappropriation of Four-Year-Old Market Research

The number of data theft/trade secret cases that go to trial is growing, as are the size of the verdicts. For example, the Eighth Circuit Court of Appeals recently upheld a $47 million total recovery for Hallmark Cards for...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

Hallmark Recovers $47 Million for Theft of Greeting Card Market Research, Eighth Circuit Says Ok

A fascinating, salacious trade secrets case out of the Western District of Missouri and the Eighth Circuit Court of Appeals...more

Roses Are Red, Violets Are Blue, Giving Someone Trade Secrets Injures the Owner, and Using Them Does Too

How do two companies end up liable for nearly $50 million in damages relating to confidential, trade secret materials? Like many romances gone awry, this tale arose from actions taken under cover of secrecy that did not look...more

Judge Stark overhauls patent practices in District of Delaware: 10 key changes

The same day he took the reins as Chief Judge for the District of Delaware, Judge Leonard P. Stark substantially overhauled his patent practices. Effective with all cases filed on or after July 1, 2014, Judge Stark...more

“Raging Bull” Decision Highlights Importance of ADR in Entertainment Disputes

“Raging Bull” is a classic 1980 motion picture directed by Martin Scorsese and starring Robert De Niro as boxer Jake LaMotta. In the case of Petrella v. Metro- Goldwyn-Mayer, Inc., the United States Supreme Court recently...more

FTC v. Actavis on Remand: A New Chapter

District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT)...more

Petrella v. MGM: Supreme Court Recognizes Limits on Laches

The word “laches” is from French, meaning “remissness” or “slackness.” One of the familiar equitable defenses, laches developed in chancery to prevent unreasonable delay in pursuing a right or claim, lest that delay prejudice...more

Polsinelli Podcasts - Jury or Bench Trial? A Business Litigation Survival Guide [Video]

If you own a business, the reality is that one day you will likely face a lawsuit. That may mean a lawsuit you have to bring to enforce an agreement or protect your company, or one you have to defend against a disgruntled...more

Business Litigation Report - March 2014

In This Issue: Main Article: ..Russia’s Recently Enacted Anti-Bribery Laws Noted With Interest: ..Are Courtroom Technology Costs Reasonably Necessary To The Conduct Of Litigation In California...more

Arbitration Proceeding Do Not Trigger One-Year SOL for Inter Partes Review - Certain Computers and Computer Peripheral Devices,...

In response to a patent owner’s post-institution motion to terminate an inter partes review (IPR) proceeding, an expanded panel of the Patent Trial and Appeal Board (PTAB) gave further definition to the triggering events of...more

Arbitration Proceedings Do Not Trigger the One-Year Bar Period for IPR

Although an inter partes review (IPR) can be a powerful weapon to challenge a patent, it comes with a key limitation: a petition for IPR cannot be filed more than one year after the requester has been "served with a complaint...more

The GPMemorandum - Issue 177

In This Issue: - Washington Federal Court Denies Motion To Hold Defendants In Contempt Of Consent Judgment For Trademark Infringement: A federal judge in Seattle has denied a franchisor’s motion for a contempt...more

ITC Section 337 Update – January 17, 2014

Commission Confirms Licensing-Based Domestic Industry Must Be Tied To Article That Practices Asserted Patent In 841 Investigation – On January 9, 2014, the Commission issued an Opinion in Certain Computers And...more

Patent Mediation – Interview with John Delehanty, Member, Mintz Levin  [Video]

Attorney John Delehanty, Member of Mintz Levin's Intellectual Property Practice, explains the benefits of using mediation to resolve patent disputes. ...more

Business Litigation Report -- August 2013

In This Issue: Main Article: ..Remedying Cyber Attacks Through Trade Secret Claims at the ITC Practice Area Notes: ..Appellate Practice Update ..Arbitration Practice Update ..Class Action Litigation...more

JAMS Dispute Resolution -- Summer 2013

In This Issue: U.S. Supreme Court Rules on Class Arbitrations; ADR CONVERSATIONS; ADR News & Case Updates; DOMESTIC FOCUS - Handling the Oncoming Tide of Generic Top-Level Domain Name Disputes; GOOD WORKS - Innovative...more

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