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Discovery Intellectual Property Protection

Patterson Belknap Webb & Tyler LLP

Show Me the Papers!: Judge Aaron Grants Motion to Compel Document Discovery from Third-Party

United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc. (collectively “Samsung”) to compel non-party Microchip Technology...more

Vondran Legal

DMCA subpoena new tool for Copyright Plaintiffs in Boy Kills World cases?

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This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...more

Patterson Belknap Webb & Tyler LLP

Time May Not Be on Your Side: Judge Ho Allows the Addition of New Parties Discovered During Stay

Defendants in patent cases should be wary of the possibility that a plaintiff will attempt to add new defendants after a stay for inter partes review is lifted. In a pending case involving patents directed to “space...more

Dunlap Bennett & Ludwig PLLC

Case Analysis: The Supreme Court Rules A Plaintiff May Claim Over A Decade’s Worth Of Damages For A Copyright Claim Involving A...

The Supreme Court recently ruled 6-3 in the case of Warner Chappell Music, Inc., et al. v. Nealy, et al. that producer Sherman Nealy may claim damages for an unlicensed sample of his work used in Flo Rida’s 2008 hit song “In...more

Association of Certified E-Discovery...

Navigating Social Media Discovery and Generative AI in the OpenAI ChatGPT Litigation

Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI....more

Houston Harbaugh, P.C.

SCOTUS Rules that Copyright Damages Can Be Recovered Beyond Three Years, Leave Discovery Rule For Another Day

Houston Harbaugh, P.C. on

The U.S. Supreme Court ruled on May 9th, 2024, in the case of Warner Chappell Music, Inc., et al., v. Nealy, et al., that plaintiffs in a copyright ownership dispute can recover damages beyond the three-year statute of...more

EDRM - Electronic Discovery Reference Model

[Webinar] Public Access or Not: What Can and Cannot Be Protected from Disclosure in Litigation - June 18th, 1:00 pm - 2:00 pm ET

The clash between the public's “right to know” and the interest of parties in keeping information from the public is a recurring issue. This program will give an overview of “both sides” and will examine, among other things,...more

Paul Hastings LLP

The Supreme Court Affirms the Availability of Damages Beyond Three Years for Copyright Infringement If the Discovery Rule Applies

Paul Hastings LLP on

On May 9, 2024, the Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Nealy et al., holding that a plaintiff can seek damages for past infringement that had occurred earlier than the three-year statute...more

Jones Day

No Time Limit for Damages from Copyright Infringement

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The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024

Harris Brumfield v. IBG LLC, Appeal No. 2022-1630 (Fed. Cir. Mar. 27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three...more

McDermott Will & Emery

District Court Subpoena Power Plays “Supporting Role” to PTO Rules

McDermott Will & Emery on

Addressing the subpoena power of district courts to compel evidence for use in US Patent & Trademark Office (PTO) proceedings, the US Court of Appeals for the Fourth Circuit upheld a district court’s decision (albeit on...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 127 | Ankura's Sean Evans sits down with Kaylee & Mary

Illumination Zone: Sean Evans, Managing Director for EDRM Trusted Partner, Ankura sits down with Kaylee and Mary to talk about his journey to eDiscovery and some tools and techniques for protecting IP and trade secrets when...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Two: Damages

Hicks Johnson on

As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of...more

Irwin IP LLP

Infringers Beware: Copyright Damages Not Limited to Three Years - Nealy v. Warner Chappell Music, Inc., No. 21-13232 (11th Cir....

Irwin IP LLP on

The Eleventh Circuit joins the Ninth Circuit where, despite a claim of copyright infringement having a three-year statute of limitation, a plaintiff can recover damages more than three years prior to the suit.  Recently, the...more

Oberheiden P.C.

How Blockchain Impacts the Legal Profession

Oberheiden P.C. on

Below is an excerpt from Nick Oberheiden's latest book, "The Law of Tomorrow: Bitcoin, Tokens, Blockchain - An Introduction for Lawyers" Blockchain is the next technology that lawyers shouldn’t ignore. Mainstream acceptance...more

Jones Day

PTAB Denies Discovery of Draft Declaration

Jones Day on

On November 18, 2022, a panel of three PTAB administrative patent judges denied a Patent Owner’s Request for Additional Discovery in Twitter, Inc. v. Palo Alto Research Center Inc., IPR2021-01398. The PTAB found that...more

Linda Liu & Partners

Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (II)

Linda Liu & Partners on

III. Application of Obstruction of Evidence Production Rule in Patent Infringement Judgment - In the practice of patent infringement disputes, especially the infringement cases involving manufacturing equipment and BtoB...more

Haug Partners LLP

Foresight in Patent Litigation: How Adherence to Local Rules Can Make or Break a Case

Haug Partners LLP on

On September 7, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Arendi S.A.R.L v. LG Electronics, Inc., offering an important reminder to patent litigators of the necessity of following the...more

Jones Day

Patent Owner Ordered To Produce Infringement Contentions

Jones Day on

On May 3, 2022, a panel of three PTAB administrative patent judges granted a motion for additional discovery in TCL Industries Holdings Co., Ltd. v. Parkervision, Inc., IPR2021-00985, (PTAB 2022), in which the PTAB deemed the...more

Robinson & Cole LLP

IP+T Intelligence Newsletter - Q2 2022

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Section 1782: Discovery in Support of a Foreign Proceeding - Recent years have seen attacks on the trade secrets and intellectual property of U.S. companies. While foreign governments, corporate espionage, and...more

Akin Gump Strauss Hauer & Feld LLP

Speculative Allegations Regarding Operation of Accused Website Doom Patent Infringement Complaint

A judge in the Northern District of Georgia has granted a defendant’s motion to dismiss a patent infringement case for failure to state a claim under Rule 12(b)(6). The court found that the complaint failed to meet the...more

Jones Day

PTAB Does Not Provide a Supplemental Discovery Venue

Jones Day on

Following the grant of institution of a recent IPR petition in the matter of Satco Products, Inc. v. The Regents of the University of California, IPR2021-00662, Paper 26 (PTAB Feb. 11, 2022) concerning U.S. Patent No....more

Jones Day

Navigating Trade Secret Identification During Discovery: Timing & Scope

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A trade secret derives its value by being kept secret, yet a trade secret owner is required to identify its trade secret at some point during litigation to apprise the defendant as to what information was allegedly...more

Haug Partners LLP

Haug Partners Defeats Discovery Motions Before the TTAB Because Movant’s Counsel Failed to Meet and Confer in Good Faith

Haug Partners LLP on

On December 9, 2021, Haug Partners defeated two discovery motions brought by Environmental Manufacturing Solutions, LLC (“EMS”) against Fluid Energy Group Ltd. (“Fluid”), in an opposition proceeding before the U.S. Trademark...more

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