Intellectual Property Electronic Discovery Science, Computers & Technology

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Confidentiality & Sealing Orders in Software Disputes

Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a...more

Court Denies Monetary Sanctions Based on Overdesignation of Documents As Confidential-Outside Counsel Eyes Only But Orders...

In this patent infringement action brought by plaintiff Trustees of Boston University ("BU") , BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which pertains to light emitting diodes...more

Two Tips for Inventors Filing Patent Applications [Video]

The intense patent activity in graphene stems from its enormous technological and commercial potential. But because much of the territory underlying the graphene cross-roads has already been claimed, patenting graphene poses...more

Cloud Computing Is a Hot Topic… in Business and the Courtroom

Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This article surveys some of the...more

You Can Run, But You Can’t Hide From Sanctions in Discovery

In an October 2013 order in Digital Vending Services International, Inc. v. University of Phoenix, the judge refused to grant the defendants’ request for spoliation sanctions but punished the plaintiff for its disclosure of...more

BYOD: Policy Considerations for Employers in the Age of Personal Devices

Employees who use personal smart phones, PDAs, tablets, laptops and other electronic devices to connect to the employer’s computer network are fast becoming more of a rule than an exception. Today’s employees are often...more

Top EDiscovery Case Summaries - October 2013: Louisiana: Absent Requisite Specificity, Court Declines “Ultra-Broad” Motion to...

NOLA Spice Designs, LLC v. Haydel Enters., Inc., 2013 WL 3974535 (E.D. La. Aug. 2, 2013). In this trademark infringement case, the plaintiff refused to disclose user names and passwords in depositions and written responses,...more

Sipping From the Fire Hose: Techniques for Managing E-Discovery and Evidence in Litigation

On Tuesday, October 1, 2013 at noon Pacific Time, I will present a webinar for SFTLA entitled “Sipping From the Fire Hose: Techniques for Managing E-Discovery and Evidence in Litigation.” If you are reading this post before...more

Animating the Hypothetical Negotiation of a Reasonable Royalty in Patent Litigation

Good litigation graphics convey a message quickly and clearly. The example animation in today’s post supports an argument that plaintiff’s claim for a “reasonable royalty” in a patent case was unreasonable because the claim...more

Weekly eDiscovery Top Story Digest - September 4, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

California Federal Court Awards Millions for Predictive Coding Costs in Document Review

A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to...more

Safeguards against Data Security Breaches (Part Two) [Video]

?Are you looking to guard your company's “secret sauce?” Fenwick’s Robert Brownstone says companies should safeguard their data by limiting the number of employees with access to certain confidential information. Following up...more

Computer-Assisted Review Costs Awarded in California Patent Case

Court finds that using technology to undertake more efficient document review is reasonable. On February 1, Judge Anthony J. Battaglia of the U.S. District Court for the Southern District of California awarded more...more

Unfiltered Orange | Weekly eDiscovery News Update – The Second Half of 2012 in Review

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Update provides readers with a trusted compilation of key...more

What Does A Child Pornography Case Tell You About Computer Evidence?

What Does a Child Pornography Case Tell You About Computer Evidence? was published in the November 2012 Palm Beach Bar Bulletin and discusses the recent United States v. Seiver case as well as the simple steps for lawyers,...more

Unfiltered Orange | Weekly eDiscovery News Update – November 14, 2012

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Updates provide readers with a trusted compilation of key...more

Patents on Treatment of Hydraulic Fracturing Water

We continue to monitor patent literature for water and liquid treatment technologies related to hydraulic fracturing (see our October 7, 2012 blog entry, for example). We did not see as many granted patents in 2010 and 2011...more

Unfiltered Orange | Weekly eDiscovery News Update – August 8, 2012

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Updates provide readers with a trusted compilation of key...more

Auto-Delete Leads to Failure to Preserve Evidence

In a patent infringement suit by Apple, Inc. against Samsung Electronics Co, LTD, Apple filed a motion for an adverse inference jury instruction based on Samsung's alleged spoliation – the failure to preserve relevant...more

Google's Privilege Claim: A Cautionary Tale

Winnie the Pooh feared the Heffalumps and Woozles that he believed inhabited the Hundred Acre Wood, although he never saw one. There are things that lurk in the woods of e-discovery that lawyers can’t see either…like the...more

Popular Cloud File Storage Apps Compared

It is estimated that nearly 300 Billion emails are sent worldwide daily, according to a 2010 study by the Radicati Group, Inc. The massive amount of data and web traffic is mind-boggling, with some highlights shared in...more

IP Insight - September 2011

In This Issue: - U.S. Federal Courts 01 Federal Circuit Holds Isolated DNA Is Statutory Subject Matter Under S101 07 Prometheus Redux 08 Federal Circuit Opens Reissues Proceedings to Add New Claims to...more

The State of Information Technology Law 2011 - Anticybersquatting Consumer Protection Act, Antitrust and Electronic Discovery

XXI. ANTICYBERSQUATTING CONSUMER PROTECTION ACT A. CASE LAW 1. U.S. Courts of Appeal a. Office Depot, Inc. v. Zuccarini 596 F.3d 696 The U.S. Court of Appeals for the Ninth Circuit upheld on February...more

Privacy? You Don't Got No Stinkin' Privacy!

When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District...more

FROM EUROPE: the surge in litigation/compliance review, and outsourced legal work

6 May 2011 – I settled in Brussels about seven years ago (I hold several nationalities and am fluent in several languages) after a career in the U.S. in intellectual property law (with which I am still deeply involved) and a...more

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