Intellectual Property General Business

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“‘Say it ain’t so, bro!’” (Episode 14)

Previously we’ve discussed Hooli’s reverse engineering of Pied Piper’s technology and the threatened lawsuit for ownership of the technology. In Episode 14, Pied Piper faces a new threat: Endframe, a Pied Piper competitor,...more

Is It Time to Switch Gears? Enforceability of Automotive Company Employee Confidentiality Restrictions

Given the large workforces and importance of intellectual property and trade secrets in the automotive industry, automotive companies rely heavily on confidentiality provisions in employment agreements and employee handbooks....more

North Carolina Business Court Holds Pleading Stage Too Early to Dismiss Broad Non-compete

On May 7, 2015, Judge Gregory McGuire of the North Carolina Business Court denied defendants’ motion to dismiss a claim that a physician’s assistant breached non-competition and non-solicitation provisions in her employment...more

Legal Issues In Collaborations

Innovation depends on collaboration and leveraging the expertise of diverse individuals is instrumental to creating new technologies. While there are many benefits to collaborations, significant legal issues can arise such as...more

Commercial Restructuring & Bankruptcy Alert - May 2015

In this issue: - How Safe are the Bankruptcy Code Safe Harbors? - Stockton’s Chapter 9 Plan Approval - Delaware Chancery Court Clarifies Fiduciary Duties of Insolvent Corporation Directors in Derivative...more

The Importance of Contracts for Joint Infringement in Patent Cases

It has been about a year since the Supreme Court rendered its decision in Limelight v. Akamai regarding induced infringement for methods performed by two or more actors. “At that time, commentators predicted that attention...more

VC’s running scared – Hooli is suing Pied Piper (Episodes 9 and 10) continued

Last post I mused that had Richard taken certain steps in the first season of Silicon Valley, he might now have ammunition to use against Hooli’s lawsuit. What am I talking about? To very crudely recap what happened last...more

BBQ Patent Must Face The Heat: Petition Is Not Barred When Filed Within 1 Year of the Filing of a Waiver of Service in the...

On October 13, 2014, The Brinkman Corporation filed a petition for Inter Partes Review of U.S. Patent 8,381,712 directed to a barbecue grill that allows simultaneous gas grilling and charcoal-fueled grilling. ...more

E-Commerce's Hidden Legal Issues

Less than 25 years ago, e-commerce was something not far removed from the stuff of science fiction. Today, it annually accounts for trillions of dollars in global sales. But, you should know, e-commerce presents legal issues...more

Don't Name Your Furniture Store After A Grocery Store

On May 14, 2015, Aldi Inc., the grocery store chain, sued Aldis Furniture Inc. for contempt of a 2002 consent decree. See Aldi Inc. v. Aldsi Furniture Inc., et al., 2:15-cv-2696 (N.D. Ill.). The parties tussled before and...more

VC’s running scared – Hooli is suing Pied Piper (Episodes 9 and 10)

HBO’s “Silicon Valley” has quickly become a must watch for all budding entrepreneurs, but the second season has opened up with a multitude of risks and roadblocks that could be faced by real world entrepreneurs. Here, we...more

State May Not Disclose Trade Secrets Submitted as Part of RFP Response

If you have ever agonized about whether to include certain confidential business information in a bid for a state contract in New Hampshire because of concerns that your competitors might get their hands on it, you should...more

Two Claims You May Not Want To Make In North Carolina

I said yesterday that there was too much in DSM Dyneema, LLC v. Thagard, 2015 NCBC 47 for just one post, so here are the rest of the key points from the case. They involve two claims you might not want to bother to make in...more

Tom Brady, Deflategate, and Florida Non-Competes

Free trade, in theory, increases competition. Competition forces innovation, higher productivity, better quality, lower prices or some combination of these elements to allow the marketplace to provide suitable options for...more

Small Businesses Need Help Protecting Intellectual Property Rights

Trademark infringement and other issues regarding intellectual property rights are part and parcel of developing and marketing new products in a competitive market. In protecting their own intellectual property, businesses...more

Another One Bites the Dust: Action Dismissed for Lack of Standing Where Plaintiff Could Not Prove Ownership of the Patent-In-Suit

America's Collectibles Network ("ACN") filed a patent infringement action in which it claimed to own U.S. Patent No. 8,370,211 (the "211 Patent"). It brought this action against the Genuine Gemstone Company ("Genuine...more

April Court Decision Round-Up

Note: Beginning this month, IP Law Tracker will highlight significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District of Michigan and...more

California Supreme Court Details Antitrust Analysis of "Reverse Payment" Patent Settlements

Last week, in In re Cipro Cases I & II, Case No. S198616, the Supreme Court of California adopted the United States Supreme Court's application of the Rule of Reason to the antitrust analysis of so-called "reverse payment"...more

Classen Immunotherapies, Inc. v. Elan Pharmaceuticals, Inc. (Fed. Cir. 2015)

The Hatch Waxman statute created a safe-harbor provision, found at 35 U.S.C. § 271(e)(1), that allows ANDA filers and others to practice patented inventions without fear of infringement liability, provided the acts are...more

Spain: TV rights dispute threatens La Liga

Spain’s Football Federation has recently suspended the Spanish league and cup matches from this weekend onwards in protest of the recent law on the collective sale of television rights and the distribution of revenue, Royal...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

Patent Case: Federal Circuit Provides Guidance On Direct Infringement (Akamai V. Limelight)

Today, a Federal Circuit panel, Judges Prost, Linn (author) and Moore (dissent), issued its long-awaited decision in the Akamia v. Limelight case following remand from the Supreme Court to consider the issue of multiple-actor...more

Sixth Circuit Affirms Sanctions for Frivolous and Retaliatory False Claims Act Suit

On May 1, 2015, in United States ex rel. Jacobs v. Lambda Res., Inc., No. 14-3705, 2015 WL 1948247 (6th Cir. May 1, 2015), the Sixth Circuit Court of Appeals affirmed the lower court’s award of sanctions against a relator and...more

Trademarks Can Be a Bitch

And I mean that literally. We’ve laid down a lot of digital ink in the past about pejorative marks – lately in reference to the Redskins and The Slants, both of which have been deemed disparaging enough to deny them a...more

PUBLIC VERSION Of Judge Essex ITC Decision That Nokia Phones Infringe Interdigital’s 3GPP Patents (337-TA-613)

Following the prior notice of decision (see our Apr. 27, 2015 post), the Public Version is now available of Administrative Law Judge (ALJ) Essex’s Initial Determination On Remand that Nokia mobile phones infringe...more

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