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Patent Infringement Defense Leveraging Contested Proceedings
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Demonstratives in Post-Grant Proceedings
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On April 3, 2014, Eagle Parts & Products, Inc. of Augusta, Georgia (“Eagle”) filed a complaint against Allshields, Inc. of Raleigh, North Carolina (“Allshields”) alleging infringement of U.S. Patent No. 7,380,860 (“the ‘860...more
On November 26, 2013, Silver Line Building Products LLC (“Silver Line”) filed a declaratory judgment complaint in the Eastern District of New York against J-Channel Industries Corporation (“J-Channel”), seeking a declaration...more
Myriad has appealed the district court decision that denied its motion for a preliminary injunction against Ambry Genetics Corp. According to a report in Bloomberg BNA Life Sciences Law & Industry Report™, on April 14, 2014,...more
The rapper known as “50 Cent” stole trade secrets to the tune of $15 million, an arbitrator found.
A filing in the U.S. District Court for the Southern District of Florida earlier this month disclosed the final award...more
The Federal Circuit used its decision that the District Court erred in certain of its claim construction determinations to reverse a jury award of greater than $100 million, but left intact large portions of the District...more
On April 11, 2014, according to a press release, the U.S. District Court for the District of Delaware issued a preliminary injunction barring Medtronic, Inc. from selling its CoreValve TAVI product to most new customers in...more
On March 24, 2014, T-12 Entertainment, LLC and Kareem Hawthorne, both of Georgia (collectively, “Plaintiffs”), filed a complaint against Young Kings Enterprises, Inc., Ego Entertainment, LLC., Troy Williams, Anthony Adighibe,...more
After a jury returned a verdict against Marvell for patent infringement, Carnegie Mellon ("CMU") filed several motions, including for prejudgment interest, for supplemental damages, for enhanced damages, for an ongoing,...more
DISTRICT COURT CASES -
Rule 11 Sanctions Warranted Due to Plaintiff’s Objectively Unreasonable Claim Construction -
A district court in Delaware has granted a defendant’s motion for sanctions against a plaintiff...more
A district court judge in New Jersey recently granted an API supplier’s motion to dismiss claims filed against the supplier in an ANDA suit, raising questions about whether an API supplier belongs as a defendant in these...more
Psihoyos v. John Wiley & Sons, Inc. - USCA Second Circuit, April 4, 2014:
Second Circuit adopts “discovery rule” for accrual of copyright infringement claims, affirms dismissal of infringement claims with respect to...more
One of your most important clients just called. She reports that one of her senior sales people quit a few months ago, and she just learned that the sales person has joined a large competitor. Panicking, your client wants to...more
The Federal Circuit's decision in the consolidated appeals of Endo Pharmaceuticals Inc. v. Actavis, Inc. and Endo Pharmaceuticals Inc. v. Roxane Laboratories, Inc. amply demonstrates the concept that you should be careful...more
On March 20, 2014 Synergistic International, LLC. (“Synergistic”), of Waco, Texas filed a complaint against Kyle D. Berry of Atlanta, Georgia, individually and doing business as "iGlass Doctor," alleging Trademark...more
Plaintiff SecureBuy, LLC ("SecureBuy") filed a Motion to Stay Proceedings pending resolution of a Covered Business Methods ("CBM") review at the Patent Trial and Appeals Board ("PTAB"). When the motion was stayed, the PTAB...more
Verint Systems, Inc. ("VSI"), of Melville, New York, and Verint Americas, Inc. ("VAI"), of Alpharetta, Georgia (collectively, "Verint"), have filed several suits in the Northern District of Georgia against competitors to...more
Big IP verdicts aren’t limited to patent cases. Trade secrets can mean big money, too. Really big. As in multi-, multi-million dollar verdicts. And the trend is up with more than half of the top ten verdicts coming out in...more
The Fourth Circuit has thrown out the second-largest trade secret jury verdict on record, an award of nearly $1 billion, on the grounds that the district court improperly excluded evidence relevant to the defense....more
On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more
Addressing the doctrine of equivalents infringement of a means-plus-function limitation, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment of non-infringement based on an...more
The Court of Justice of the European Union (the CJEU) last week upheld the system of website blocking injunctions in place in Austria, following a reference from the Austrian Supreme Court in the case of UPC Telekabel v...more
U.S. Vinyl Manufacturing Corporation (“USV”) initiated an action for copyright infringement on March 12, 2014, against Colour & Design, Inc. (“Colour”), National Wallcovering, Inc. (“Wallcovering”), Larry and Michael Bixler...more
On February 25, 2014, the judges of the Eastern District of Texas created a second set of case management procedures for use in patent cases referred to as “Track B.” If you anticipate suing or being sued for patent...more
As a follow-up to our earlier post (Can BlackBerry Patent a Keyboard?), a US court on Friday issued a preliminary injunction in a dispute between the BlackBerry maker and start-up Typo Products LLC which sells a snap-on...more
On March 27, 2014, the highest court in the European Union—the Court of Justice for the European Union (CJEU)—decided that copyright owners have the right to seek injunctions against Internet service providers (ISPs)...more
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