Intellectual Property, Conflict of Laws

BREAKING NEWS: Don’t Mess with Texas Trade Secrets: Lone Star State Becomes 48th State to Adopt Uniform Trade Secrets Act

by Scott Lindlaw, Michael Spillner | Orrick - Trade Secrets Group on 5/3/2013

In the battle to harmonize trade secret law, Texas was the Alamo—the biggest state to hold out against the rising tide of states adopting the Uniform Trade Secrets Act. But the Lone Star State is an outlier no more. Today...more

Decisions Highlight Split In Application Of Computer Fraud And Abuse Act

by Thomas Dye | Carlton Fields on 4/25/2013

Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more

Recent Federal Court Rulings Reaffirm Broad Supersession of Common Law Claims under California's Uniform Trade Secrets Act

by Wilson Sonsini Goodrich & Rosati on 4/16/2013

Last month, two federal district courts reaffirmed that litigants may not plead around California's Uniform Trade Secrets Act (UTSA) by alleging common law tort claims said to protect business information that does not...more

Intellectual Property Bulletin Winter 2013: Murky Waters: Post-Approval Regulatory Activities and the § 271(e)(1) Safe Harbor

by Ewa Davison, David Tellekson | Fenwick & West LLP on 4/5/2013

On January 14, 2013, the U.S. Supreme Court refused to consider the U.S. Court of Appeals for the Federal Circuit's exclusion in Classen Immunotherapies, Inc. v. Biogen IDEC, 659 F.3d 1057 (Fed. Cir. 2011), of post-approval...more

April 2013: Life Sciences Litigation Update: Will the Supreme Court Resolve Circuit Split on Settlement of ANDA Disputes?

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/5/2013

On March 25, 2013, the U.S. Supreme Court heard oral argument in Federal Trade Commission v. Actavis, Inc. (Docket No. 12-416). The Actavis case centers around the debate over the type of antitrust analysis that should apply...more

Federal Circuit Review - Volume 3 | Issue 3 March 2013

by Knobbe Martens Olson & Bear LLP on 3/25/2013

In This Issue: • State Courts Should Handle Patent Malpractice Cases • “A” and “An” in Claims Mean “One or More” • No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR...

by Ian Imrich on 3/14/2013

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR INTERACTIVE GAMING. --- Section 6 of Assembly Bill 114 from the 2013 Legislative Session...more

McAfee & Taft tIPsheet - March 2013: Is your trade secret safe with me? Trade secrets and the federal Freedom of Information Act

by Rachel Blue | McAfee & Taft on 3/8/2013

Most states have adopted some version of the Uniform Trade Secrets Act, which is designed to prevent the disclosure of trade secrets. FOIA, or the Freedom of Information Act, allows individuals to access records collected by...more

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

by Monte Cooper, Elizabeth Howard, Scott Lonardo | Orrick, Herrington & Sutcliffe LLP on 2/22/2013

On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more

Returning Fire: The Respondent's Brief and Several Supporting Amicus Curiae Briefs in Gunn v. Minton

by Michael R. Samardzija, Ph.D., Mike Sellers, Dale Wainwright | Bracewell & Giuliani LLP on 1/14/2013

Earlier we reported on both the U.S. Supreme Court's grant of certiorari in the Gunn v. Minton case decided by the Supreme Court of Texas and the submission of Petitioner's and several supporting amicus curiae briefs. Gunn is...more

U.S. Supreme Court to Rule on “Pay-for-Delay” Antitrust Issue

by Jeffrey W. Brennan, Wilko van Weert | McDermott Will & Emery on 12/11/2012

The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of...more

Federal Circuit Holds the Reexamination Door Open in In Re Baxter

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 11/30/2012

When the Federal Circuit denied the Request for Panel Rehearing and Rehearing en banc in In re Baxter, the court let stand its two decisions that affirmed conflicting rulings on the validity of the same patent....more

Eighth Circuit Rules That a “Perpetual” Trademark Licensing Agreement Is an “Executory” Contract Subject to Rejection Under...

by Casey Servais | Cadwalader - Financial Restructuring on 11/20/2012

The United States Court of Appeals for the Eighth Circuit recently ruled that a perpetual, royalty-free, and exclusive trademark licensing agreement qualified as an executory contract subject to assumption or rejection under...more

Rogers et al v SOCAN: W(h)ither the "Making Available" Right?

by Bob Tarantino | Heenan Blaikie LLP on 11/19/2012

Among the unanswered questions arising in the wake of the massive changes to the Canadian copyright landscape in 2012 is the issue of precisely how the two seismic forces at work (i.e., The Copyright Modernization Act and the...more

Twenty-Six Years Later, a Lubrizol Split by the Seventh Circuit

by Cadwalader - Financial Restructuring on 11/2/2012

Chief Judge Frank Easterbrook of the Seventh Circuit recently created a split of authority regarding the rejection intellectual property licenses in bankruptcy by upholding a decision protecting a trademark licensee’s ability...more

Permanent Injunctions and The Erie Problem

by Kenneth Vanko | Clingen Callow & McLean, LLC on 10/26/2012

God help us all! I am discussing the Erie v. Tompkins case from 1938. This was like the fourth most annoying case from law school, and I thought I left it once and for all in Champaign, Illinois in 1997....more

Amici File Briefs Supporting Certiorari in K-Dur Case -- Part II

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/11/2012

Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), the Washington Legal Foundation, self-described as...more

Amici File Briefs Supporting Certiorari in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/9/2012

Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), two "public interest" groups have also filed amicus...more

King & Spalding's Intellectual Property Newsletter - October 2012

by King & Spalding on 10/8/2012

In This Issue: - News From the Bench - .. The en banc Court Speaks On Divided Infringement, But Not With One Voice. .. Can Recent Conflicting Decision On The Patent Eligibility of Business Methods Be...more

GPhA Files Amicus Brief in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/4/2012

The Generic Pharmaceutical Association (GPhA) filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Characterizing the issue as being "profoundly...more

Computer Fraud and Abuse Act | Did the Ninth Circuit Blow It?

by Downs Rachlin Martin PLLC on 10/2/2012

Did the Ninth Circuit “blow it” when it snubbed other courts and held that “exceeding authorized access” under the Computer Fraud and Abuse Act (CFAA) means nothing less than “hacking?”...more

Urging Supreme Court Review of Antitrust Challenges to Patent Settlements Between Pharmaceutical Companies

by Dechert LLP on 10/2/2012

Dechert LLP submitted an amicus brief to the Supreme Court of the United States on behalf of the Washington Legal Foundation urging the Court to review the Third Circuit’s decision in In re K-Dur Antitrust Litigation. K-Dur...more

"Rejection of Perpetual, Royalty-Free, Exclusive Trademark License Permitted by Eighth Circuit Ruling: Lewis Brothers Bakeries...

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/1/2012

The U.S. Bankruptcy Code generally limits a Chapter 11 debtor-licensor’s ability to reject intellectual property licenses, but trademark licenses are not subject to such limitations. Trademark license agreements that are...more

PhRMA Files Amicus Brief in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 9/27/2012

The Pharmaceutical Research and Manufacturer's of America (PhRMA) have filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Not surprisingly,...more

Indiana Joins the Emerging Majority Position on Uniform Trade Secrets Act Preemption of State-Law Tort Claims

by Wilson Sonsini Goodrich & Rosati on 9/21/2012

Last month, an Indiana appellate court became the latest court to adopt the majority position on the question of whether the Uniform Trade Secrets Act (UTSA) displaces state-law tort claims said to protect information that is...more

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Intellectual Property › Conflict of Laws