Intellectual Property, Science, Computers & Technology, Civil Remedies

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

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

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

Federal Law Provides Enhanced Trade Secret Protection for Employers

by David Johnson | Butler, Snow, O'Mara, Stevens and Cannada,... on 4/12/2013

Most people know that an employee who misuses his employer’s confidential information may be subject to damages in a civil lawsuit. Many states have enacted a Uniform Trade Secrets Act that allows an employer to pursue a...more

A New Front in The Patent Wars: CJEU Asked for Guidance on Limits to Injunctive Relief

by David Henry, Wilko van Weert, Philipp Werner | McDermott Will & Emery on 4/11/2013

The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more

The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital...

by Eric Feder, James Rosenfeld | Davis Wright Tremaine LLP on 4/10/2013

A series of recent decisions in the Second and Ninth Circuits—including Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution of user-posted copyrighted content by video hosting services) and AP v. Meltwater...more

Intellectual Property Newsletter - March 2013

by King & Spalding on 4/5/2013

*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

Federal Circuit Affirms Finding of Infringement in SynQor v. Artesyn Techs.

by Lawrence M. Sung | BakerHostetler on 3/26/2013

On March 13, 2013, in SynQor, Inc. v. Artesyn Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Lourie, Daniel) affirmed the district court’s summary judgment that the defendants infringed U.S. Patents...more

Supreme Court Refuses to Hear File-Sharing Appeal

by Michele Bowman | Lawyers.com on 3/26/2013

Jammie Thomas-Rasset, the woman whom the recording industry martyred with a $222,000 damages award after several trials for stealing music online, has reached the end of her legal rope. The U.S. Supreme Court on Mar. 18...more

Free Product Distribution or Discounted Component Distribution Likely Does Not Exhaust Patent Rights

by Howard Ullman on 3/22/2013

In LifeScan, Inc. v. Shasta Technologies, LLC, 2013 U.S. Dist. LEXIS 38677 (N.D. Cal. Mar. 19, 2013), Judge Davila granted plaintiff’s motion for a preliminary injunction to address claims of patent infringement, and...more

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

by Christopher Corsi, Philip Yannella | Ballard Spahr LLP on 3/18/2013

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

Intellectual Property Newsletter - February 2013

by King & Spalding on 3/6/2013

In This Issue: *News From The Bench: - Claim Construction: “Only One” Or “More Than One.” - No Need To Include Claim Construction in Design Patent Infringement Complaint. - CAFC Finds That Adapting...more

The Balance Of Convenience In Applications For Interlocutory Injunctions: Embertec Pty Limited v Energy Efficient Technologies Pty...

by Ronelle Geldenhuys | Freehills Patent Attorneys on 3/5/2013

Embertec and Energy Efficient Technologies (EETECH) are competitors in the market for the sale and supply of standby power controllers (SPCs). On 14 August 2012 Embertec applied for an interlocutory injunction based on a...more

Computer-Assisted Review Costs Awarded in California Patent Case

by Stephanie A. Blair, Jennifer Williams | Morgan Lewis on 3/4/2013

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

News From Our Own Vermont Backyard: Proposed Legislation On Password Privacy And Ownership Of Inventions

by Matthew Borick | Downs Rachlin Martin PLLC on 2/25/2013

Last month the Vermont Legislature kicked off its 2013-2014 Legislative Session, and already a couple of bills have our attention here at the IP Stone....more

Intellectual Property Newsletter - January 2013

by King & Spalding on 1/29/2013

In This Issue: *News From the Bench - Enough Already, Supreme Court Tells Petitioner in Mythology-Laced Opinion. - Divided Fed. Circuit Affirms Patentability of Claims to a 12-Can Dispenser Carton. -...more

Click & Copy: Breach of Online License Agreements & Copyright Infringement

by Field Law on 1/22/2013

My article Click and Copy: Breach of Online License Agreements and Copyright Infringement was published in Canadian Intellectual Property Review in December. The enforceability of click-through licenses for online...more

In a Rarely-Seen Joint-Effort in the Competition Arena, the DOJ and the USPTO Unite in Issuing a Policy Statement on Remedies...

by Mona Solouki | Sheppard Mullin Richter & Hampton LLP on 1/21/2013

On January 8, 2013 – less than a week after the Federal Trade Commission ("FTC") entered into a consent order with Google,[1] under which Google is generally banned from seeking injunctions on its F/RAND[2] -encumbered...more

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Intellectual Property › Science, Computers & Technology › Civil Remedies