IP|Trend: The Importance of Consumer Surveys in Patent Litigation
The Evolution of Patent Damages
What is at will employment law?
What Damages Can I Recover If My Copyright Is Infringed Upon?
What Money Damages Are Available In A Personal Injury Claim?
Weekly Brief: $350K in Wine Leads to $14M Lawsuit
Worst Case Scenarios for Alleged Copyright Infringers
Managing Legal Risks as a Start-up
Courts have increasingly shown scrutiny towards claims of patent damages in patent litigation. To address these issues patent plaintiffs have often relied on consumer surveys to demonstrate harm caused by patent infringement....more
Data protection breaches do not entitle per se to claim damages that damages have to be proven by the plaintiff according to the Italian Supreme Court....more
Federal Circuit Affirms Willful Infringement Judgment and Enhanced Damages Award -
In an October 14, 2014, decision, the Federal Circuit upheld a judgment of willful infringement and an award of enhanced damages...more
In what appears to be an increasingly common practice since the Supreme Court decided Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), the Southern District of New York recently certified a class as to liability, but rejected...more
A recent case in the District of Connecticut demonstrates that courts may be more willing to award attorneys’ fees to a small plaintiff, encouraging such a plaintiff to protect its patent when it is the plaintiff’s “primary...more
Further to the publishing of a proposed bill on collective damages actions on 7 July 2014, the Dutch legislature has been soliciting views from the public by way of a public consultation. DLA Piper's Litigation team in...more
Most of us have been inconvenienced by road construction or other public works. Streets can be more congested, exits closed, and traffic re-routed, making it more difficult to get to the restaurants, yogurt shops, book...more
The Pennsylvania Supreme Court is now the latest state court to weigh in on the issue of whether a subsequent purchaser of a previously inhabited residence can recover contract damages from a builder or general contractor for...more
A critical element in a Section 10(b) and Rule 10b-5 securities fraud claim for damages is loss causation. Mandated as a key component of such a claim by the PSLRA, the element provides the essential link between the alleged...more
Yesterday, the U.S. Supreme Court invited the Solicitor General to file a brief to express the Obama administration’s views on whether certiorari should be granted in a consumer case involving an important issue of statutory...more
Over 20 years after a workplace incident that seriously injured a worker, the Alberta Court of Queen’s Bench has dismissed the worker’s civil action against a developer.
The worker had been working on a rooftop of a...more
In Fernandes v. Penncorp Life Insurance Company, [2014 ONCA 615], the Court of Appeal upheld the Trial Judge’s decision awarding $200,000.00 in punitive damages. The Court of Appeal did, however, reduce the damages for mental...more
..From 1 October 2014, consumers will have a new right of direct action against traders who engage in misleading or aggressive commercial practices...more
Company Rescinds Offer Due to Applicant's Prior Back Injury, Federal Agency Charges -
SEATTLE - Texas-based BNSF Railway Co. violated the Americans with Disabilities Act (ADA) by withdrawing a job offer to a...more
Despite popular belief that Americans are a litigious bunch always looking for a good lawsuit, I haven’t experienced this in my law practice in Arizona. Particularly when it comes to Fair Debt Collection Practices Act...more
This post is the third in a series of posts analyzing the 2013-14 term of the Wisconsin Supreme Court.
This post provides in a nutshell what businesses need to know about the cases from last year’s term of the...more
A federal court has held that plaintiffs who proved they had been misclassified as independent contractors, and should have been considered employees, could recover money damages under state law based on the value of the...more
Section 541 of the Texas Insurance Code authorizes a private cause of action through which an insured can recover the “actual damages” caused by its insurer’s violation of the statute’s fair-claims handling provisions. And,...more
The inclusion of a “no-rehire” provision in separation agreement is fairly commonplace. Likewise, a damages provision (including liquidated damages and attorneys’ fees) in the event of a breach by the former employee are...more
In Texas, more than your dog. Gilbert Wheeler, Inc. v. Enbridge Pipelines (East Texas), L.P. is good news for landowners. The Texas Supreme recognized the intrinsic-value-of-trees exception to the general rule for damages to...more
On August 27, 2014, the Superior Court of New Jersey ruled in favor of Puritan Oil against a New Jersey property owner, finding that where the oil company had already taken steps to remedy contamination it caused on...more
The Franchise Tax Board’s Shande -
This is case that has been more than two decades in the making. It began in the 1990s when inventor Gilbert Hyatt filed a California tax return showing that he relocated from...more
On September 4, 2014, the Delaware Court of Chancery issued two lengthy post-trial opinions, both authored by Vice Chancellor John W. Noble, finding that recapitalization or restructuring transactions did not satisfy the...more
Sabatino Bianco, M.D., v. Globus Medical, Inc. -
Comparing and contrasting Texas trade secret law to jurisprudence relating to patent infringement damages, the U.S. District Court for the Eastern District of Texas held...more
Retractable Techs., Inc. v. Becton, Dickinson, and Co. -
The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s denial of a motion to modify a damages award following the partially successful...more
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