Intellectual Property, Civil Remedies

Texas Puts its Lone-Star Spin on Trade Secret Protection

by Jonathon K. Hance, Karthika Perumal, Ph.D., Michael R. Samardzija, Ph.D., Jeffrey S. Whittle | Bracewell & Giuliani LLP on 5/24/2013

Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened misappropriation of trade secrets. Texas recently joined the other forty-seven states in...more

Louboutin International Trademark Dispute

by Anjali Shankar | Winthrop & Weinstine, P.A. on 5/24/2013

Those of us who love fashion and have closets overflowing with more pairs of shoes than we probably need are likely familiar with Louboutin pumps. These sky-high heels have a very distinctive look and design. Louboutin heels...more

Texas Enacts Uniform Trade Secrets Act

by Erin Leu, Ronald Manthey, Paulo McKeeby | Morgan Lewis on 5/22/2013

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into...more

Laches, Acquiescence, and Trademark Injunctions - Who Should Be Upstream Without a (Greek) Paddle?

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/22/2013

On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek...more

District Court Judge Enjoins Standards-Essential Patent Owner From Enforcing ITC Exclusion Order

by Christopher Higgins, Jay Jurata, T. Vann Pearce, Jr., Matthew Poppe | Orrick, Herrington & Sutcliffe LLP on 5/22/2013

In a growing body of legal authority regarding standards-essential patents (SEPs), Northern District of California Judge Ronald Whyte ruled Monday that an owner of SEPs violated its licensing commitments by initiating a U.S....more

Employee Working For You? You Say "No", LinkedIn Says "Yes"

by Michael Schmidt | Cozen O'Connor on 5/21/2013

Those loyal readers of this blog know that the focus tends to be on what your company can and cannot do regarding social media use by potential employees (i.e., applicants) or current employees. But there is a third category...more

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

by Jessica Lehrman | Morrison Foerster - Social Media on 5/21/2013

Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more

I Thought We Broke Up Years Ago! Why You Should “Throw Out” Trade Secrets As Soon As A Business Relationship Ends

by Valerie Goo | Orrick - Trade Secrets Group on 5/21/2013

The Fifth Circuit’s affirmance last week of a $44.4 million trade secrets award in the Wellogix v. Accenture case is a weighty reminder of the power of circumstantial evidence in trade secrets cases, and the importance of...more

Governor Signs New Trade Secrets Law

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/20/2013

On May 2, 2013, Governor Perry signed the Texas Uniform Trade Secrets Act into law. So, let’s cut right to it. ...more

Texas Insiders Say Businesses Champing At The Bit For New Trade Secrets Law To Take Effect

by Daniel Corbett, Scott Lindlaw | Orrick - Trade Secrets Group on 5/17/2013

For decades, Texas was the wild west of trade secrets law, governed by the state’s outdated common law with no trade secrets statute on the books. ...more

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

by Elizabeth Featherman, Camille Miller | Cozen O'Connor on 5/15/2013

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more

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

by Michael Spillner | Orrick - Trade Secrets Group on 5/13/2013

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

A First for FRAND: Federal Court in Microsoft v. Motorola Sets FRAND Royalty Rates for Standard Essential Patents

by Nick Grimmer, Stefan M. Meisner | McDermott Will & Emery on 5/9/2013

Microsoft v. Motorola developed a framework for courts to assess fair, reasonable and non-discriminatory (FRAND) terms for standard-essential patents. Its roadmap and analysis will probably influence future FRAND cases in...more

Patent Watch: Versata Software, Inc. v. SAP Am., Inc.

by Lawrence M. Sung | BakerHostetler on 5/7/2013

On May 1, 2013, in Versata Software, Inc. v. SAP Am., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Prost, Moore) affirmed-in-part, vacated-in-part and remanded-in-part the district court's judgment that...more

Use of Declaratory Judgment before Patent Infringement

by Field Law on 5/3/2013

Ever wondered if you would infringe a patent but wanted to know before any infringement occurred? Honeywell International, Inc. and Arkema Inc. are competitors in the field of automotive air-conditioning systems....more

Figuring FRAND

by Jason Bartlett, William Goodwin, Alison Tucher | MoFo Tech on 5/2/2013

In our December post “A FRANDlier Realm” we discussed emerging law relating to patents that are essential to technological standards, like 3G wireless telecommunications. What happens when patent owners and product makers...more

Copyright remedies: High Court rejects application for proprietary relief

by Stephen Edwards, Nick Swimer | Reed Smith on 5/1/2013

Does a copyright owner have a proprietary claim to property purchased from the proceeds of an infringement of copyright? On 5 February 2013, Mr Justice Newey delivered a detailed judgment in the High Court that provides a...more

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

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/26/2013

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

Florida Court Reverses Preliminary Injunction On Restrictive Covenant

by Peter C. Vilmos | Burr & Forman on 4/24/2013

If you have followed this blog, then you likely already know that restrictive covenants are legal and enforceable in Florida. You should also know that – although enforceable – restrictive covenants are strictly construed...more

Using Recievers to Collect Judgments Against Intellectual Property Assets

by Peter Davidson | Ervin Cohen & Jessup LLP on 4/24/2013

I have been asked to be a receiver to help collect a judgment. The judgment debtor has intellectual property assets. Plaintiff’s counsel has asked me how hard it will be to get me appointed and if I would be able to sell the...more

Employers Just Get No Satisfaction: NH Enacts Law Restricting Use Of Non-Compete Agreements

by Downs Rachlin Martin PLLC on 4/23/2013

Employers in New Hampshire now must comply with further restrictions on their ability to enforce non-compete and anti-piracy agreements. Venturing further into the already murky area of the enforceability of such agreements,...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 11, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 4/12/2013

- American Broadcasting Companies, Inc. v. Aereo, Inc., USCA Second Circuit, April 1, 2013: Second Circuit affirms district court’s denial of plaintiffs’ request for preliminary injunction prohibiting defendant, Aereo,...more

A Private Matter: Second Circuit Rules that Aereo’s TV Streaming Service is Not an Infringing Public Performance

by Madeleine Rodriguez | Foley Hoag LLP - Trademark, Copyright &... on 4/12/2013

Private PublicIn an industry where technology is constantly evolving and racing to keep up with consumer habits, a recent court ruling came down to one basic component: antennas....more

Settlements (Part 2 of 3): 5 Reasons Non-Compete Cases Should (and Do) Settle

by Kenneth Vanko | Clingen Callow & McLean, LLC on 4/12/2013

On Monday, I offered several reasons why non-compete cases don't settle. Today I flip this concept around. It is true most non-compete cases do settle, a reflection that business cases get resolved for pure economic...more

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Intellectual Property › Civil Remedies