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Patent Infringement Lawsuit Reminds ERISA Fiduciaries to Monitor Service Providers

In August 2014, GRQ Investment Management, LLC (GRQ) sued Financial Engines, Inc. and Financial Engines Advisors, LLC (collectively, Financial Engines), alleging that Financial Engines’ sale of account management and advisory...more

Supreme Court to Consider Scope of “Good Faith” Belief and the Intent Requirement of § 271(b)

Commil USA v. Cisco Systems - Earlier this year, the U.S. Court of Appeals for the Federal Circuit ruled that a good-faith belief that a patent is invalid may negate the element of intent required to prove induced...more

Supreme Court of Arizona Weighs in on the Preemption Provision of the State’s Trade Secrets Act

Orca Communications Unlimited, LLC v. Noder - The Uniform Trade Secrets Act’s (UTSA) displacement provision creates an exclusive cause of action for claims based on misappropriation of trade secrets and preempts...more

Amended Complaints and Industry Standards

Can a party who is accused of an unfair trade practice raise the same defense? That is, can a business avoid section 75-1.1 liability by proving that the plaintiff business engages in the same allegedly unfair conduct?...more

IP Newsflash - January 2015

FEDERAL CIRCUIT CASES - Federal Circuit Explains the Role of Actual Profits in Reasonable Royalty Calculations and the Relationship Between Preliminary Injunctions and Willful Infringement - On December 22,...more

Monster Bites Back, Accuses Beats of Monstrous Scam

It’s a monster movie cliché – near the end, when the monster is “dead,” the dust is settling and the heroes are patting each other on the back, the monster rises from the dead and goes on one more rampage before it expires....more

Unicorns and Beer: A Match Made in Portland

Hipsters and Portland go together like…. hipsters and Pabst Blue Ribbon (PBR). So naturally, when PBR decided to host a music festival, they chose Portland, Oregon. Unfortunately for PBR, some of their choices along the way...more

The EU Directive on Antitrust Damages Actions

In This Issue: - Proof of the Competition Law Infringement - Measure of Damages and the “Passing-On” Defence - Disclosure of Evidence - Limitation Periods - Joint and Several Liability and Contributions...more

Confidentiality Agreements Not Enforceable in Absence of Reasonable Efforts to Preserve Confidentiality

nClosures Inc. v. Block and Company, Inc. - Applying Illinois law, the U.S. Court of Appeals for the Seventh Circuit reminded prospective business partners that non-disclosure agreements will not be effective by...more

Judge Scheindlin finds that numerous acts of litigation misconduct constitute an “exceptional case.”

TNS Media Research, LLC, et al. v. Tivo Research and Analytics, Inc. Case Number: 1:11-cv-04039-SAS - Plaintiff Kantar Media (“Kantar”) brought a suit against defendant Tivo Research and Analytics, Inc. (“TRA”)...more

Trademark Review: Nationstar, L.A.M.B., and Cinderella (November 2014)

Post Bose: The TTAB Cancels a Registration on the Ground of Fraud - Nationstar opposed an application for NATIONSTAR filed by an individual named Mujahid Ahmad. Nationstar claimed Mr. Ahmad committed fraud on the U.S....more

Arizona Supreme Court Limits Preemptive Sweep of Arizona’s Trade Secrets Act

The Arizona Supreme Court decided yesterday in Orca Communications Unlimited v. Noder that Arizona’s version of the Uniform Trade Secrets Act, A.R.S. § 44-401 et seq., does not preempt common law tort claims for...more

Trademark Trial and Appeal Board Sustains Opposition on the Basis of Fraud

Nationstar Mortgage LLC v. Mujahid Ahmad - The United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB or Board) sustained an opposition on the basis of fraud, finding that Ahmad’s...more

Arizona Trade Secrets Grow New Teeth

Over the last 18 months, the courts had diluted Arizona trade secret protections, notwithstanding the recent criminalization of trade secret theft by the AZ legislature. Today, however, the Arizona Supreme Court breathed new...more

Business Law Newsletter - November 2014

In This Issue: - Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements - Fraud in Virginia - Common Myths about Copyright and the Internet - Excerpt from...more

When It Comes to Confidentiality Agreements, Just Getting the Signature Is Not Enough

Automotive suppliers and other manufacturers frequently have to share their valuable intellectual property with third parties. A supplier might need to share CAD files with another supplier to ensure that the finished product...more

Lawyers Fighting Over Domain Names Never Looks Good

Law360 reported that two competing DUI defense lawyers are fighting over the domain name www.dontblow.com. Well-known DUI attorney Tyler Flood is the plaintiff. He has been using the domain name www.DoNotBlow.com for almost...more

Supreme Court Corner - Q3 2014

RECENT DECISIONS - NAUTILUS, INC. V. BIOSIG INSTRUMENTS, INC. Patent: Decided: June 3, 2014: Holding: In a unanimous (9-0) opinion authored by Justice Ruth Bader Ginsburg, the Court held that the Federal...more

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more

Tennessee Court Of Appeals Issues New Guidance On Trade Secret Issues

On August 19, 2014, the Tennessee Court of Appeals became the first Tennessee appellate court to address the scope to which Tennessee’s Uniform Trade Secret Act (TUTSA) preempts common law claims related to unfair competition...more

Mattocks v. Black Entertainment Television LLC

Mattocks v. Black Entertainment Television LLC - USDC, S.D. Florida, August 20, 2014 - District court grants defendant BET summary judgment in suit brought by creator of Facebook Fan Page that promoted BET...more

Tennessee Adopts Expansive Trade Secret Preemption Standard

In a case of first impression decided August 19, 2014, the Tennessee Court of Appeals has decided the standard for determining the scope of preemption under the Tennessee Uniform Trade Secrets Act (TUTSA). The court adopted a...more

Judge Upholds Poaching Claims in Pharmaceutical Data Antitrust Case

On Friday, August 15, 2014, Judge Gerald McHugh of the Eastern District of Pennsylvania let stand several counterclaims that IMS Health Inc. (IMS) made against Symphony Health Solutions Corp. (Symphony) in connection with...more

Motion to Set Aside Default Where Defendant Waited Too Long to Obtain New Counsel

Plaintiff Fleet Engineers, Inc. ("Fleet") develops, manufactures, and sells after-market products for the trucking industry. Defendant Tarun Surti, the president of Mudguard Technologies, LLC ("Mudguard"), owns a mud flap...more

Alternative Theories To Address Former Employee Competition Where There Are No Covenants

A recent Connecticut Superior Court case demonstrates that all is not lost for an employer when a former employee without a non-compete or a non-solicitation covenant leaves and competes. Wentworth, DeAngelis & Kaufman, Inc....more

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