Intellectual Property Business Torts Civil Remedies

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Plaintiff’s Trade Secret Lawsuit Backfires!

We recently reported on good things (big verdicts) coming to trade secret plaintiffs that endure lengthy lawsuits. But good things don’t always come to those who wait. ...more

IP Newsflash - June 2014

Federal Circuit Upholds Award of Sanctions for a “Frivolous” Patent Lawsuit - On June 5, 2014, the Federal Circuit affirmed the Southern District of New York’s decision to sanction Appellant and its attorneys for...more

AcryliCon Accuses Silikal Of Trademark Infringement and Misappropriation of Trade Secrets

On April 10, 2014, AcryliCon USA, LLC, (“AcryliCon” or “Plaintiff”) filed a complaint against Silikal GmbH & Co. and Silikal Industries GmbH, (“Silikal”), Hubert Weimann, and Harold Schmidt (collectively, “Defendants”)...more

North Carolina Abusive Patent Assertions Act (H1032) Makes Its Way Through General Assembly

The 2013 General Assembly convened its 2014 Regular Session on Wednesday, May 14, 2014 with the introduction of House Bill 1032 The Abusive Patent Assertions Act by primary sponsor Representative Tom Murry (Rep). The Bill...more

United States Trade Secrets Law

The America Invents Act (AIA) changes the traditional calculus in determining whether to seek patenting an invention or to maintain it as a trade secret. This shift in intellectual property protection is the result of two...more

Federal Court Reminds Trade Secret Owners That the Statute of Limitations Isn't Everything When it Comes to Misappropriation...

Several years after an employee leaves your company, you realize that he or she has been using confidential and proprietary information acquired from your business to compete against you. Your non-compete agreement with the...more

Rapid Changes in Standards for Fees in IP Disputes

Background of Attorney’s Fees in Patent Disputes - Old Patent Act Standard – The Patent Act by its express terms permits a prevailing party, whether a plaintiff-patentee or defendant-competitor, to recover its...more

Supreme Court of Japan Decision Clarifies Ability to Enforce Certain Foreign Judgments

On April 24, 2014, the Supreme Court of Japan issued a decision (Decision) with respect to the 'enforcement of foreign judgments' by Japanese courts. The Decision sets out criteria for when a Japanese court must enforce an...more

Summary Update On The Law Of Chapter 93a

Standards Governing Business Claims Under 93A ¦ Higher standard applies for business plaintiffs. More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to...more

Exceptional Case Finding Results in $12 Million Fee Award

Gabriel Techs. Corp. v. Qualcomm Inc. - In a non-precedential decision addressing a finding of exceptional case under 35 U.S.C. § 285, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s award...more

NC Begins Work On Patent Troll Bill

Recently, a joint legislative committee sent a report to the North Carolina General Assembly that recommended passing an anti-troll bill during the legislature’s 2014 Short Session. A copy of the bill may be found here. The...more

Federal Circuit's Last Word on Attorney Fees - Actual Knowledge of Baseless Claim Not Required - Kilopass Tech., Inc. v. Sidenese...

Addressing the proof required to show a bad faith assertion of a baseless claim to establish an exceptional patent case for attorneys’ fees. the U.S. Court of Appeals for the Federal Circuit vacated and remanded a lower...more

Texas Adopts the Uniform Trade Secrets Act

Texas recently adopted the Uniform Trade Secrets Act, making it effective on September 1, 2013. S.B. 953, 83rd Leg., Reg. Sess., § 4 (Tex. 2013) (the “Act”). The Act has been adopted by 46 other states, plus the U.S. Virgin...more

The Prospect Generator’s Case, A Second Look

There is more to learn from Southwestern Energy Production Co. v. Berry-Helfand and Muncey, discussed in a recent post. Damages – With Room to Run, the Expert Scores. Courts are entitled to be “flexible and...more

Know When To Fold ‘Em: Avoiding Bad Faith When Litigating Trade Secrets Cases

In his classic song The Gambler, Kenny Rogers famously advised: “You got to know when to hold ‘em, know when to fold ‘em, know when to walk away, know when to run.” It’s good guidance for surviving a poker table, but also...more

Bad Faith Patent Litigation Is Bad News For Plaintiffs

Affirming a $1.6 million dollar award for attorney fees against a non-practicing entity (NPE) for pursuing and maintaining patent litigation in bad faith, the Federal Circuit has served notice that patent litigants "must...more

SST Records, Inc. (Ginn) v. Henry Rollins [Black Flag trademark case]

Complaint for Trademark Infringement and related claims

See, Black Flag's Greg Ginn Loses Injunction Against Keith Morris' FLAG Meanwhile, court determines that Henry Rollins never quit the band. ...more

Do you want to own a secret? What you should know about the new Texas trade secret law

Texas recently became the 47th state to adopt a version of the Uniform Trade Secrets Act (UTSA). The Texas UTSA, taking effect on September 1, 2013, aims to benefit the business community by bringing Texas trade secret law...more

Mother’s Day Post: Mother And Son Accused Of Trade Secret Theft

In honor of Mother’s Day, we note a case in which mother and son were both accused of misappropriating trade secrets....more

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

Speaking Of . . . Trade Secrets - Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both. What’s an appropriate measure of damages when your trade secrets are...more

Ochre, LLC v. Rockwell

Appellant's Brief

From the Preliminary Statement: In Chosun Int'l, Inc. v. Chrisha Creations, Ltd., 413 F.3d 324, 328 (2d Cir. 2005), this Court held that “one may not copyright the general shape of a lamp.” This appeal raises the question...more

Much Ado About Something

Over the last couple of months there has been a fair amount of press given to the California Appellate Court decision in SASCO v. Rosendin Electric, Inc., 207 Cal. App. 4th 837 (2012). As is typical with cases brought under...more

Linkedin Lockout Loss for Employee

Can your employer demand access to your Linkedin account? Can your employer keep access to your account after you terminate employment? Can you sue for damages if your employer denies you access to Linkedin, and your...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion by Defendant Project Dynamics to Dismiss for Failure to State a Claim

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. Its lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

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