Intellectual Property Business Torts

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
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Ownership of Social Media Accounts

It is becoming increasingly common for issues to arise relating to employer vs. employee ownership of a social media account and the names, addresses, etc. that go along with that account. Business-related social media...more

A Couple Of Things Not To Do In The NC Business Court

The NC Business Court's decision last month in Krawiec v. Manly, 2016 NCBC 7, illustrates a couple of things not to do in the Court. Don't Make "Aiding and Abetting" Claims - The Plaintiff made a claim against some...more

Texas Takes a Stance Against Patent Trolls

Since the U.S. Congress began implementing reforms to the patent system, states too have been considering measures to protect their residents and business from abusive patent litigation. While the federal government has...more

The Duty of Loyalty Awakens

If you’re a Star Wars fan, loyalty probably means waiting ten years for “The Force Awakens.” (Or even longer if you prefer not to count Episodes I-III). For an employee looking to leave her current employer, however, loyalty...more

Chancery Defers to Indian Corporation's Delaware Choice of Venue

In the absence of a prior-filed action in another forum, Delaware state courts will respect a plaintiff's Delaware choice of forum when faced with a forum non conveniens defense, except in the "rare case" where a defendant...more

Trademark Bully or Not?

Chrysler and Moab Industries LLC (“Moab”) have been battling over the Moab mark for years. Moab holds the federally registered trademark Moab Industries®. Its business involves customization or uplifting vehicles—primarily...more

Claims Are Construed Regarding Real-Time Location Technology

The patent relates to Real-Time Location systems for locating and identifying specific portable devices within an enclosure. The patented technology addresses decreased battery power consumption. The following terms are...more

District Court Denies Request for Finding of Exceptional Case Where Plaintiff Pursued and Lost Motion for Preliminary Injunction

Moblize contended that TDE Petroleum Data Solutions, Inc ("TDE") either knew or should have known that its motion for preliminary injunction was meritless and that it was brought for the improper purpose of harassing Moblize....more

District Court Denies Discovery Served Too Close to Discovery Cut-Off

Plaintiff filed a patent infringement action, alleging that Defendant B2B Supply and Defendant Jerrell P. Squyres (hereinafter "Defendants") infringed U.S. Patent No. 7,731,462 (the '462 patent). Toward the end of discovery,...more

Sometimes It Might Not Be Worth It To Appeal The Denial Of A Preliminary Injunction

I don't think that it was worth it for TSG to appeal Judge Murphy's Order denying its Motion for a Preliminary Injunction on a covenant not to compete. That's true even though an injunction (though not on the covenant) was...more

Canadian Court Nixes Class Action for Patent Abuse

The decision relates to an application to certify a proposed class action, commenced by a representative plaintiff, Britton Low, against various Pfizer companies, alleging that Pfizer unlawfully abused the patent system with...more

“Reasonable Suspicion” of Trade Secret Misappropriation Isn’t Always Enough

Though an employer may be eager to bring a trade secret claim against former employees as soon as possible, filing suit before properly vetting the claim can lead to serious consequences: a malicious prosecution case against...more

Is a New Standard for Enhanced Damages in Patent Infringement on the Horizon?

The Supreme Court of the United States has recently announced that they will be reviewing the standard for willful patent infringement in two cases currently on appeal from the Federal Circuit: Halo Electronics, Inc. v. Pulse...more

Employees and “Authorized Access”: A Threat from Within?

Workplace privacy has become an increasingly challenging issue for employees and employers alike. With technological advancements, employers have enhanced visibility into employee behavior including their use of company...more

Major Verdict Shows the Power of Per Se Theories

How much is a per se theory under N.C. Gen. Stat. § 75-1.1 worth? According to a recent verdict in the U.S. District Court for the Eastern District of North Carolina, it’s worth 52.7 million dollars (plus, no doubt, a big...more

After Granting Motion for Summary Judgment on Issue of Non-Infringement, District Court Orders Parties to Proceed to Bench Trial...

The District Court granted Transcend's motion for summary judgment on the issue of non-infringement and denied the patent owner's, Glaukos', motion on the issue of inequitable conduct. The District Court then set a bench...more

Eight Days Late, and an Exercise of Discretion Short — PTAB Refuses to Conform to an IPR Settlement

35 U.S.C. § 317(a) states that “an inter partes review … shall be terminated with respect to any petitioner upon the joint request of the petitioner and the patent owner, unless the Office has decided the merits of the...more

Beaulieu Group Floored by Competitor Mohawk’s Application and Use of New Mark for Residential Carpet

On September 30, 2015, Beaulieu Group, LLC (“Beaulieu”), a Georgia Corporation, brought a trademark infringement action against Mohawk Carpet Distribution, Inc. (“Mohawk”), a Delaware corporation with a principal place of...more

It Can Be A Tough Road For Trade Secrets Plaintiffs In The NC Business Court

If you are a regular reader of this blog, you know that litigating a trade secrets case in the Business Court can be tough. Last year, the Court barred a plaintiff from engaging in any discovery at all until it identified...more

Utah Supreme Court Lays Out Pro-Plaintiff Presumption of Harm Standard in Trade Secret Cases

The Utah Supreme Court recently issued a significant decision laying out a presumption of harm evidentiary standard in trade secret cases, which will be very useful for plaintiffs seeking injunctive relief in cases involving...more

Dueling Dumpling Trade Secret Dispute Heads to District Court

For Dumpling Daughter and its newly opened rival Dumpling Girl, things are heating up in the kitchen and the courtroom, as reported by the Boston Globe, after the former filed a lawsuit in federal court in Boston asserting a...more

Leading Cases on Chapter 93A

Nearly all business disputes in Massachusetts are governed by Chapter 93A. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and may be awarded up to three times its actual...more

Claims Are Construed In Pharma Case

Orexo AB, et al. v. Actavis Elizabeth LLC, C.A. No. 14-829 – LPS, October 6, 2015. Stark, C. J. Claim construction opinion issues regarding four terms from two patents. ...more

[Webinar] Protecting Company Relationships and Information Upon an Employee Departure - Oct. 14th, 1:00pm EST

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This session will review the latest developments in...more

Hi-Tech Accuses Dynamic of Trademark Infringement and False Claims of Steroid Powered Products

On September 28, 2015, Hi-Tech Pharmaceuticals, Inc. (“Hi-Tech”), a Georgia corporation, brought a trademark infringement action against Dynamic Sports Nutrition, LLC d/b/a Anabolic Research (“Dynamic”), and Brian Clapp...more

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