Science, Computers & Technology Alternative Dispute Resolution (ADR)

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Arbitration Proceeding Do Not Trigger One-Year SOL for Inter Partes Review - Certain Computers and Computer Peripheral Devices,...

In response to a patent owner’s post-institution motion to terminate an inter partes review (IPR) proceeding, an expanded panel of the Patent Trial and Appeal Board (PTAB) gave further definition to the triggering events of...more

Employer To Do List for the New Year

As the new year is getting under way, employers should consider placing these developing issues at the top of their to do list: Social Media Policies - Employers should consider reviewing and updating social...more

Massachusetts Tax Developments - A Reed Smith Quarterly Update (4th Quarter 2013)

Welcome to the latest Reed Smith Massachusetts State Tax Quarterly Update. In this update, we’ll take a look back to the developments from the last quarter of 2013, and look ahead to some percolating issues at the Appellate...more

Business Litigation Report -- January 2014

In This Issue - Firm News: ..Quinn Emanuel Arbitration Practitioners Recognized in Global Arbitration Review’s “International Who’s Who of Commercial Arbitration” ..Quinn Emanuel Expands International White...more

Ninth Circuit Invalidates Online Marketing Company Consumer Contract, Arbitration Agreement

On December 16, the U.S. Court of Appeals for the Ninth Circuit held that an online marketing company cannot compel arbitration in a suit brought by a putative class of consumers who claim they were improperly charged for a...more

Patent Mediation – Interview with John Delehanty, Member, Mintz Levin  [Video]

Attorney John Delehanty, Member of Mintz Levin's Intellectual Property Practice, explains the benefits of using mediation to resolve patent disputes. ...more

Eli Lilly Files NAFTA Arbitration Claim Against Canada for Allegedly Discriminating Against Specific Patented Technologies

Eli Lilly, the U.S. pharmaceutical company, is accusing the Government of Canada of violating its obligations to foreign investors under the North American Free Trade Agreement (NAFTA) because its courts invalidated patents...more

Medicis Pharma. Corp. v. Anacor Pharma., Inc., C.A. No. 8095-VCP (Del. Ch. Aug. 12, 2013) (Parsons, V.C.)

In this opinion, the Court of Chancery denied the defendant’s motion to dismiss the plaintiff’s complaint for specific performance of a license agreement, holding that the plaintiff’s claims were not subject to mandatory...more

Business Litigation Report -- August 2013

In This Issue: Main Article: ..Remedying Cyber Attacks Through Trade Secret Claims at the ITC Practice Area Notes: ..Appellate Practice Update ..Arbitration Practice Update ..Class Action Litigation...more

Intellectual Property Newsletter - June 2013

In This Issue: *News from the Bench - Unanimous Supreme Court Ruling on Gene Patentability: Natural DNA “No”/ cDNA “Yes” - CAFC Reverses Denial of Permanent Injunction Based on Perceived Future...more

Xbox One: Single Player Lawsuits Only

Microsoft is dropping its new console, the Xbox One, just in time for Christmas this year. The official unveiling occurred last month and reviews have been . . . mixed. The most controversial aspects of the console were...more

Arbitral Award of Perpetual License Upheld by Fifth Circuit

Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more

New EU rules on online and alternative dispute resolution - a win/win?

On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”). Tonio Borg, the EU's Commissioner for...more

Game Developer’s Conduct Justified Granting Publisher a Permanent Royalty-Free License

On April 9, the U.S. Court of Appeals for the 5th Circuit issued an order upholding an arbitration award against a video game developer and granting a publisher a perpetual license in the developer’s game due to the...more

FTC Recommends Stronger Safeguards for Mobile Payments

With the use of mobile payments by consumers reaching “fever pitch”, the FTC has released a new report entitled, “Paper, Plastic… or Mobile? An FTC Workshop on Mobile Payments,” discussing how companies can develop mobile...more

Business Litigation Report -- April 2013

In This Issue: - Firm News: DoJ Star Healthcare Fraud Prosecutor Joins Washington, D.C. Office; and Quinn Emanuel Wins Top Honors at the Inaugural U.S. Benchmark Annual Awards - Main...more

The Copyright Alert System – Copyright Infringement and The Educational Approach

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

Mediating Non-Compete Disputes in the Medical Device Industry

The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth...more

New gTLD Clearinghouse Will Open March 26, 2013

ICANN (the Internet Corporation for Assigned Names and Numbers) plans to launch the first of the registries associated with the new generic top-level domains (gTLDs) in mid-2013. In association with the launch, ICANN is...more

Filing Objections to Applications for the Registration of New gTLDs

In June 2011, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization responsible for the global coordination of the use of domain names, IP addresses and the like, announced that it would accept...more

FTC Announces Investigations of Kids App Providers and California’s AG Sues Delta over Fly Delta App’s Privacy Practices

Two recent developments should have all app providers reviewing their privacy practices and policies. On Monday, December 10, the Federal Trade Commission released its latest report on privacy disclosures and kids apps....more

Are Your Company’s Consumer Terms and Conditions Enforceable?

Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear...more

Federal District Court Refuses to Compel Arbitration, Holding That Zappos.com's "Browsewrap" Agreement Was Not a Valid Contract

The recent decision in In re Zappos.com Inc., Customer Data Security Breach Litigation is an important reminder to online businesses that rely on browsewrap agreements to ensure that they effectively bind their end users to a...more

Browsewrap Arbitration? Enforcing Arbitration Provisions in Online Terms of Service

Originally published in the New York Dispute Resolution Lawyer Newsletter, Fall 2012, Vol. 5, No. 2 on October 29, 2012 Companies that provide services to consumers have often sought to reduce the risk of class action...more

Technology: Using Modern Methods to Streamline ADR

Originally published in InsideCounsel on September 7, 2012. As the Chief Judge of the Third District Court of Appeal in Miami, Florida, I experienced first-hand my colleagues’ reluctance to adopt technology. We had the...more

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