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The Supreme Court's Growing Intellectual Property Docket

In the closing decades of the twentieth century, the United States Supreme Court appeared to follow an informal policy of benign neglect toward the law of intellectual property. The Court entertained a case every few years...more

IP Newsletter - January 2015

In This Issue: - Castle Defense: Federal Circuit Reinforces Patent Damages Gate in VirnetX - Standards Patent Licensing: Always Apportionment, Sometimes Stacking - Supreme Court to Consider Good-Faith...more

Supreme Court 2014 Patent Preview

On average, the U.S. Supreme Court historically hears fewer than one patent case each term. For example, in the 14 years between 1982 and 1995, the Court decided only five patent cases. In the seven years between 1995 and...more

Sean Patrick Butler, GC at @Meraki, Talks w/ @HsuUntied About His Homelife Off the Urban Grid [Video]

Today, my guest is Sean Patrick Butler who is General Counsel of Meraki (now part of Cisco). Unlike most of us, Sean eschews the dense urban life of the Bay Area and has chosen to live in Sebastapol -- about 2 hours north of...more

The Continuing Far Reach of the False Claims Act

Since 2009, when Congress preserved and expanded the reach of the False Claims Act (“FCA”) through the Fraud Enforcement and Recovery Act (“FERA”), Government contractors have seen a vast increase in FCA lawsuits and...more

Too Much Incorporation By Reference Dooms IPR Petition

Cisco Systems, Inc. v. C-Cation Technologies, LLC - In a decision issued by the Patent Trial and Appeal Board (PTAB or Board), the Board denied institution of inter partes review (IPR) of several challenged claims of...more

The World in US Courts - Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Fall 2014 - The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Summer 2014 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more

Federal Circuit Review | October 2014

Inequitable Conduct Ruling Upheld - In AMERICAN CALCAR, INC. v. AMERICAN HONDA MOTOR CO., Appeal No. 2013-1061, the Federal Circuit affirmed a finding of inequitable conduct. Calcar asserted patents related to...more

Patent Law Developments: Indefiniteness and Damages

Interval Licensing v. AOL, Inc. (Fed. Cir. 2014)- The Court of Appeals for the Federal Circuit’s opinion in Interval Licensing v. AOL, Inc. is the first case interpreting the general (and highly criticized) standard...more

Alien Tort Case Developments: Three Recent Decisions

Alien Tort GavelIn July, we posted about two recent decisions by federal appellate courts that sought to define the parameters of the “touch and concern” standard established by the Supreme Court in its 2012 decision in...more

Supreme Court Corner - Q3 2014

RECENT DECISIONS - NAUTILUS, INC. V. BIOSIG INSTRUMENTS, INC. Patent: Decided: June 3, 2014: Holding: In a unanimous (9-0) opinion authored by Justice Ruth Bader Ginsburg, the Court held that the Federal...more

Microsoft loses third round of battle against extra-territorial warrants

On 31 July, the chief judge of the Southern District of New York delivered the latest in a series of controversial judgments stemming from a test case brought by Microsoft in an extra-territorial warrant issued under the U.S....more

Limits to the Duty to Preserve

Although a suit against a particular officer of a corporation for sexual harassment would clearly trigger a litigation hold, what must counsel do about less obvious players in a more abstract dispute? The recent case of AMC...more

Fifth Circuit: FCA Inapplicable to Claims Involving Private Funds Administered by Government-Created Programs

In United States of America ex rel Rene Shupe v. Cisco Systems, Inc. and Avnet, Inc., No. 13-40807 (5th Cir. July 7, 2014), the Fifth Circuit reversed a district court’s order denying a motion to dismiss a qui tam...more

Business Litigation Report -- June 2014

In This Issue: - Main Article: ..Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate Restructuring a Fraudulent Transfer - Noted With...more

Cisco and Russia — Perils of Corruption in Russia

Cisco’s 2009 audits concerning its operations in Russia revealed that its interactions with the state-owned company, Svyazinvest and local resellers, could not be “verified.” An interesting phraseology to say the least,...more

The International Comparative Legal Guide to: Lending & Secured Finance 2014, 2nd Edition -- Acquisition Financing in the United...

2014 Expected to be a Stronger Year for Mergers and Acquisitions in the United States - In 2014, the United States is expected to see an increased level of mergers and acquisitions activity, especially in the middle...more

Privacy Tuesday

For the last Tuesday in April, we have a few privacy and security bits and bytes to start your week. Trending Now – 5 Things Every Company’s Data Security Program Should Include... ...more

BakerHostetler Patent Watch CBT Flint Partners, LLC v. Return Path, Inc.

On December 13, 2013, in CBT Flint Partners, LLC v. Return Path, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, O'Malley, Taranto*) reversed-in-part, vacated-in-part and remanded the district court judgment...more

Board Agrees that Petition Failed to Set Forth Relevant Claim Construction, But Finds Error Harmless

Challenging a patent previously challenged in another inter partes review (IPR2013-00092), Avaya convinced the Board that claims 6 and 9 of a Network-1 Security Solutions patent should be placed into a trial for inter partes...more

November 2013: Patent Litigation Update

Commil USA, LLC v. Cisco Systems (expanding evidence that may be used to negate an intent to induce infringement of a patent). The Federal Circuit recently expanded the scope of evidence that a defendant may introduce to...more

IP Update, Vol. 16, No. 10, October 2013

No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory judgment...more

Is A Popularity Contest The Best Way To Pick An Advisor?

Koheleth wrote that “there is nothing new under the sun”, but there are a many ideas that are new to me. Such is the case with the shareholder proposal recently submitted by James McRitchie (Corpgov.net) to Cisco Systems,...more

Federal Circuit Opens Door to New Defense to Inducing Infringement

On June 25, 2013, the Federal Circuit issued a significant decision expanding the scope of evidence that alleged infringers may present to rebut allegations of inducement. Commil USA, LLC v. Cisco Sys., Inc., No. 2012-1042...more

Panel Calls For Litigation Reform To Address Patent Trolls

In a June 18, 2013, panel discussion titled “Trolls, Traders, and Wizards – Understanding the Market for Innovation,” the impact of the recently implemented America Invents Act (AIA), as well as the prospects for even more...more

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