Science, Computers & Technology Alternative Dispute Resolution (ADR) Civil Procedure

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IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric...more

Second Circuit Affirms District Court Decision To Compel Arbitration In Patent Infringement Battle Between LG And WI-LAN

A Second Circuit 3-judge panel affirmed a district court decision denying a request for declaratory and injunctive relief while subsequently compelling arbitration in a licensing infringement suit. On appeal, LG Electronics,...more

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

Federal District Court Articulates Criteria for Effective Presentation of Electronic Contracts

In Berkson v. Gogo LLC, 2015 WL 1600755 (E.D. NY 2015), the Eastern District of New York denied a motion to dismiss and compel arbitration filed by an in-flight wifi provider. The provider was accused in a class action suit...more

U.S. District Court Affirms FIFRA Arbitration Award

On June 19, 2015, the United States District Court for the District of Columbia granted a motion for default judgment by the Non-Dietary Exposure Task Force (Task Force) and confirmed an arbitration award against an Indian...more

IT Project Disputes Management - Managing the Cloudy Skies

In this issue: - Overview of Presentation - Prevention is better than cure - Fix problems in the design phase - Early diagnosis and treatment of problems - So what do you do? - Areas of major...more

Rogue Witnesses (Silicon Valley, Episode 17)

In Episode 17, Hooli’s lawsuit appears to be nearing its end – with Hooli poised as the apparent victor. In Episodes 9 and 10 the show had positioned the case so we thought Pied Piper was sure to win. What happened? The...more

Court Denies Motion To Compel Arbitration, Finding Terms Of Agreement To Arbitrate Inadequately Disclosed

A New York district court denied defendant Gogo LLC and Gogo Inc. (collectively “Gogo”) motions to transfer venue, compel arbitration, and dismiss for lack of standing in a lawsuit relating to internet...more

Order in Amgen v. Sandoz Provides First Judicial Interpretations of the BPCIA Patent Dispute Resolution Provisions

On March 19, 2015, the District Court for Northern District of California (Judge Seeborg), issued an order providing one of the first judicial interpretations of the patent dispute resolution provisions laid out in subsection...more

Fenwick Employment Brief - February 2015

On Premises, On-Call Time Compensable; Sleep Time Not Excluded - Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more

IP Newsflash - January 2015 #2

DISTRICT COURT CASES - District Court Opinion Underscores Importance of Careful Drafting of Settlement Agreements - A recent opinion penned by Chief Judge James C. Dever of the Eastern District of North Carolina...more

With Motion for Summary Judgment Pending Against It, Plaintiff Requests District Court to Order Parties to Mediation and District...

Princeton Digital Image Corp. ("Princeton Digital") filed a patent infringement action against Hewlett-Packard and Hewlett Packard filed a summary judgment motion. With the summary judgment motion pending, Princeton Digital...more

What are you giving up when you click a click-through contract?

Here are some of the things people consent to when they click on "I agree"... ?That all disputes will be heard and decided in the courts of King County, Washington, ?That they accept the app or service...more

Are Your Website’s Terms and Conditions Enforceable? Ninth Circuit Rejects Barnes & Noble’s Browsewrap Terms of Use

Like most online retailers, Barnes & Noble posts “Terms of Use” on its website, which users may review by clicking on a hyperlink that takes them to the webpage on which the terms of use are displayed. Barnes & Noble relied...more

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms...more

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's...more

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

Ninth Circuit Affirms District Court’s Refusal to Enforce Arbitration Clause in Barnes & Noble’s Browsewrap Agreement—Conspicuous...

E-commerce forges ahead as many consumers’ preferred way of buying things, and the law is evolving to meet the demands of advancing technology while also accounting for the public’s protection. In the most recent example, the...more

Ninth Circuit Affirms Decision Not To Enforce Browsewrap Arbitration Agreement

On August 18, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s decision not to enforce a retailer’s online “browsewrap” arbitration agreement because the retailer failed to provide adequate...more

Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, Ninth Circuit Holds

In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not...more

Clicking “I Agree” Renders Mandatory Arbitration Provision Enforceable

Day in and day out, Internet users sign various forms of agreements for a variety of reasons, from joining a dating site, to participating in an online auction, to uploading media to a storage locker. These agreements,...more

Arbitration is not just for those who have agreed…

We all know that public policy, legislation and the courts favor enforcement of agreements to resolve disputes by arbitration rather than litigation. The Federal Arbitration Act, and the states’ laws providing for...more

FTC v. Actavis on Remand: A New Chapter

District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT)...more

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

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

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