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Intellectual Property Business Organization

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Whoomp! There It Is: A Copyright Judgment Creditor’s Final Recovery

by Dorsey & Whitney LLP on

24 years after Tag Team’s hit song “Whoomp! (There It Is)” topped the charts, a long and ugly dispute regarding ownership rights to the song and related copyright infringement damages has been settled in bankruptcy court. The...more

December 31st Deadline to Re-Register a DMCA Designated Agent

by Miles & Stockbridge P.C. on

Online service providers have until December 31, 2017, to re-register a designated agent with the Copyright Office if they want to remain eligible for protection from copyright infringement liability under the Digital...more

Don’t Be the Next Headline: Protect Your Company’s Trade Secrets!

by Lane Powell PC on

WITH UNCERTAINTY SURROUNDING PATENT LAW in the middle of this tech boom, it’s no surprise that legal headlines continue to highlight jury verdicts and court orders awarding millions of dollars for trade secret theft. When...more

EU Litigation Update - September 2017

Germany: Expanding Liability for Patent Infringement to Extra-Territorial Acts. In a recent decision, the German Supreme Court (“Bundesgerichtshof”) expanded the liability for patent infringement of a foreign company selling...more

Flawed Consumer Survey Wipes Out $54 Million Verdict in Trademark Infringement Dispute

by Dorsey & Whitney LLP on

In trademark infringement cases, consumer survey evidence can be a powerful tool. It can also badly malfunction, as Black & Decker recently experienced. ...more

Judge Gilstrap’s Patent Venue Test Gets Slapped Down

In its decision, the Federal Circuit also took the opportunity to clarify the Supreme Court’s recent TC Heartland decision and set forth three general requirements to determine where a defendant maintains “a regular and...more

Making the Sausage: Lower Courts Grapple With the Supreme Court’s TC Heartland Venue Decision

The United States Supreme Court decided earlier this year that a 1957 opinion is still valid and still limits venue choices for patent infringement actions under 28 U.S.C. § 1400. See TC Heartland LLC v. Kraft Foods Group...more

Trade Secrets: What In-House Counsel Need to Know

As former U.S. Attorney General Eric Holder observed, there are only two types of companies affected by trade-secret theft: those that know they’ve been compromised and those that don’t know yet. Please see full...more

Employee Residence is Not the Defendant’s Regular and Established Place of Business

In In re: Cray Inc., 2017-129 (September 21, 2017), the Federal Circuit granted Cray’s Petition for Writ of Mandamus and directed the Eastern District of Texas to transfer a patent infringement action pursuant to 28 U.S.C....more

Federal Circuit Provides Framework for Establishing Venue in Patent Cases

by Jones Day on

This past week, the U.S. Court of Appeals for the Federal Circuit issued its decision in In re Cray, providing guidance on application of the patent venue statue. In granting a writ of mandamus and transferring the case from...more

Federal Circuit Clarifies Venue Requirement Post-TC Heartland by Granting Mandamus Relief in In re Cray

Late last week, the Federal Circuit granted a writ of mandamus in In re Cray, 2017-129 (Fed. Cir. Sept. 21, 2017), overturning Judge Gilstrap’s four-factor test for determining whether a defendant possesses “a regular and...more

Federal Circuit Brings More Clarity to Rules Governing Proper Venue for Patent Cases

by Dechert LLP on

For years, the Eastern District of Texas has been the most popular forum for patent cases because it has generally been viewed to have patentee-friendly juries, judges, and procedures. But recent rulings from the Supreme...more

Funding Arrangements in Private Litigation Are Private Matters—Not to Be Scrutinized by the Federal Court or the Defendant

by Bennett Jones LLP on

Equip: IP Litigation Case of the Week - The cost of litigation can be a non-starter for an intellectual property owner with a strong infringement case. Litigation funding enterprises can help where the cost of litigation...more

CAFC Issues Writ of Mandamus reversing Eastern District of Texas 4-Factor Test for a “Regular and Established Place of Business”...

In In re: Cray, Inc, No. 2017-129, the CAFC issued a writ of mandamus vacating Judge Gilstrap’s decision involving venue under 28 U.S.C. §1400(b) in Raytheon Co. v. Cray Inc., Case No. 15-cv-1554 (E.D. Texas). That earlier...more

In re Cray Inc. (Fed. Cir. 2017)

Judge Gilstrap's Short-lived Venue Calculus - The Federal Circuit has spent more than a decade as the Supreme Court's favorite judicial whipping boy, usually because the Court apprehended that their appellate inferior had...more

The Cannabis Patent War: In the Midst of Chaos, there is Opportunity*

In the recent issue of GQ magazine, an article entitled, “The Great Pot Monopoly Mystery,” sought to unravel some of the mystery behind the “shadowy” BioTech Institute LLC. The article made a particular point that should be...more

Interpretations of TC Heartland Add Uncertainty to Patent Litigation

In May 2017, the U.S. Supreme Court in TC Heartland v. Kraft Foods reversed more than 25 years of Federal Circuit precedent when it held that for venue purposes a corporation is resident only in its state of incorporation. In...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 3

The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations? - On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation –...more

Connecting the Dots: Key Developments and Best Practices for Evaluating Privacy and Security Risks in IoT Investments

by Shearman & Sterling LLP on

The market for internet-connected devices (often referred to as the Internet of Things, or IoT) is growing rapidly. Investment in this burgeoning space can be attractive, and according to research firm IDC, the worldwide...more

Recent Supreme Court Decision Constrains Forum Shopping in Patent Infringement Cases

by Lane Powell PC on

Until recently, if you were a plaintiff and wanted to bring a patent infringement claim, you could file suit almost anywhere. That has now changed....more

My Company Can be Sued Where?: Supreme Court Resolves Some Questions of Where Businesses May Be Sued for Patent Infringement but...

by Smith Anderson on

After a long period in which the U.S. Supreme Court considered intellectual property issues only occasionally, the Court has frequently focused on intellectual property matters in recent years, reflecting the increasing...more

Pre-Merger Intentional Waiver of Privilege Can Extend to Post-Merger Communications

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit ruled that a predecessor company’s intentional waiver of attorney-client privilege can survive the company’s merger. In re OptumInsight, Inc., Misc. Docket No. 2017-116 (Fed....more

Cyber Protection for Growth

by Taylor English Duma LLP on

According to a new survey by insurer Nationwide, almost half of all businesses have been the victim of a cyberattack without knowing it. Most of the headlines about cyber exposure and planning focus on the need to avoid...more

Protecting Against Patent Trolls

by Morgan Lewis on

Companies that hold patents so that they can sue companies in an effort to generate revenue rather than create their own goods and services—also known as “patent trolls,” nonpracticing entities (NPEs), or patent assertion...more

District Courts Remain Split on TC Heartland and Waiver of Improper Venue Defense

The Supreme Court’s decision five months ago in TC Heartland v. Kraft Food Group Brands was a sea change in the way courts interpret venue for patent infringement cases. Since the Federal Circuit’s decision in VE Holding...more

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