Intellectual Property Civil Procedure Energy & Utilities

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Information is Intangible, so Methods of Manipulating it are Abstract

In Electric Power Group, LLC, v. Alstom S.A., [2015-1778] (August 1, 2016), the Federal Circuit affirmed summary judgment of invalidity of U.S. Patent Nos. 7,233,843, 8,060,259, and 8,401,710, on systems and methods for...more

Business Litigation Report - June 2016

Federal Circuit Recognizes New, but Limited, Privilege for Patent Agent Communications - Introduction - Patent agents are licensed to practice before the United States Patent and Trademark Office (“USPTO”), and...more

A Development in Trade-Secret Cases

The big trade-secret case, Southwestern Energy v. Berry-Helfand, has been worked over by the Texas Supreme Court. Highlights: - Lack of certainty in damages does not preclude recovery. - A “Flexible and...more

Practical Tips: Keeping Trade Secrets Safe During Litigation – Texas Supreme Court Edition

Recently, the Texas Supreme Court provided its first opinion interpreting the Texas Uniform Trade Secrets Act in a case involving an issue that often causes discomfort to lawyers on both sides of the “v” in trade secret...more

State Supreme Court Protects Trade Secrets from Disclosure in Litigation

The Supreme Court of Texas recently ruled that a trial court erred in a hearing on a misappropriation of trade secrets claim. The lower court had summarily refused the plaintiff's request to exclude the designated corporate...more

What’s To Know About the Defend Trade Secrets Act of 2016

Congress has passed the Defend Trade Secrets Act of 2016 and the president is expected to sign it into law. The DTSA allows suits in federal court for misappropriation of trade secrets. Before the DTSA, most litigants would...more

Competitors in the Courtroom: When to Exclude a Party’s Designated Representative from Hearing a Competitor’s Trade Secrets

“You sued them. They stay, period.” This is the conclusion a Texas trial court came to when asked to exclude the designated representative of a party from a hearing where an employee of the other party, a direct competitor,...more

Think Before You Tack CFAA Claims on to Your Trade Secret Misappropriation Case

Before you include a Computer Fraud and Abuse Act (“CFAA”) claim in a trade secret case, consider carefully: was the data acquired through “unauthorized access” or was it just misused by the defendants? If it was properly...more

Discovery Orders May Threaten Traditional Notions of Trade Secret Protection

Historically, confidential and proprietary information, such as the formulas for Coca-Cola and Pepsi, is trade secret information that will not be made available to the public during litigation. While Coke and Pepsi are...more

Protection of Confidential Commercial Information Affirmed in Freedom of Information Decision

On February 19, 2015, the Supreme Court of Canada (SCC) denied leave to appeal from the judgment of the Alberta Court of Appeal (Court) in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner). ...more

In Non-precedential Case, Third Circuit Affirms Fracking Trade Secrets Trump Physician’s Right to Know, Absent Actual Harm

Fracking in Pennsylvania continues to create work for the courts. On March 16, 2015, in a non-precedential opinion in Rodriguez v. Secretary of Pennsylvania Environmental Protection of PA et al., the Third Circuit issued a...more

No Exception for Energy Management Patent—CBM Review Instituted - Opower Inc. v. Cleantech Business Solutions

In its decision to institute a covered business method (CBM) patent review of an energy management patent, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) agreed with the petitioner...more

Three Strike and You are Out: District Court Grants Summary Judgment on Lack of Standing, No Infringement and Invalidates the...

Plaintiff NOV filed a patent infringement action asserting that defendant Omron had infringed NOV's patent (U.S. Patent No. 5,474,142 or the '142 Patent). Specifically, NOV alleged Omron's oil rig automation control system...more

Energy Management Patent Triggers a Covered Business Method Review

Faced with a patent threat, renewable energy and climate change companies may have a new defense option – a Covered Business Method (CBM) proceeding. Ushered in less than 2 years ago as part of comprehensive patent reform...more

Patenting Your Basement Fusion Reactor: Utility Requirements Under U.S. Patent Law

Multiple projects are currently underway to demonstrate feasibility of fusion energy. The goal of the ITER multinational project in southern France (of which the United States is a participant) is to deliver ten times the...more

In Wyoming, a Higher Burden for Chemical Disclosure Exemption?

In Powder River Basin Resource Council v. Wyoming Oil and Gas Conservation Commission, the Wyoming Supreme Court held that the Wyoming Oil and Gas Conservation Commission has the burden of justifying the use of trade secrets...more

Business Litigation Report -- May 2014

In This Issue: - Main Article: ..Cloud Computing Is a Hot Topic… in Business and the Courtroom - Noted With Interest: ..Garlock: Lifting the Veil on Asbestos Trust Claims - Practice Area...more

Pyrrhic Victory For Parties Seeking Fracking Fluid Disclosures

Parties advocating public disclosure of the chemical makeup of fracking fluids may have won a recent battle in Wyoming, but are they losing the war? On March 12, 2014, the Wyoming Supreme Court in Powder River Basin Resource...more

Wyoming Supreme Court Vacates on Procedural Grounds a Lower Court Decision Holding Ingredients in Fracking Fluid Formulas Qualify...

On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of the...more

Wyoming Supreme Court Remands Fracking Chemical Disclosure Case to District Court for Reconsideration

On March 12, 2014, the Wyoming Supreme Court issued a highly anticipated ruling in a case concerning the scope of trade secret protection available to exempt certain fracking chemical information—which Wyoming requires to be...more

Hydraulic Fracturing in Illinois: Draft Regulations to Protect Chemical Proprietary Information

Last month, the Illinois Department of Natural Resources (“IDNR”) published its first draft of the regulations (62 Ill. Adm. Code 245) (the “HFRA Draft Regulations”) under the Illinois Hydraulic Fracturing Regulatory Act (225...more

BP International Limited v Neste Oil Oyj [2013] APO 46

In August this year, Australian patent application 2003258753 (“the application”) directed to diesel fuel compositions was successfully opposed on the ground that the application did not disclose the best method of performing...more

eDiscovery: The View From Singapore

The Singaporean government has adopted aggressive measures to become a regional center for dispute resolution and arbitration in areas ranging from intellectual property, to oil and gas arbitration....more

Patent Watch: Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc.

[W]e have rarely held that objective evidence is sufficient to overcome a prima facie case of obviousness [but in certain cases] the objective evidence "establish[es] that an invention appearing to have been obvious in light...more

Shell Oil Co. v. Ross: Texas Supreme Court Opinion on the Statute of Limitations Favors Operators over Royalty Owners

In December 2011, the Texas Supreme Court issued its latest decision on the statute of limitations and fraudulent concealment exception. In the case, Shell entered into a mineral lease with the Ross family in 1961. Under the...more

25 Results
|
View per page
Page: of 1

Follow Intellectual Property Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×