Intellectual Property Litigation

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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

Banking On Your Executive’s Compliance With the Trade Secrets Law

On behalf of the Commission on the Theft of American Intellectual Property, the National Bureau of Asian Research published its findings in 2013. Members of the Commission included Craig R. Barrett, former Chairman and CEO of...more

Litigation and enforcement in Japan: overview

What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation - Litigation is the most frequently used dispute resolution method to settle large...more

The New China and Your Company's Intellectual Property

The Chinese economy has changed dramatically in the past two, five, and even 20 years, but its intellectual property (IP) laws have only very recently developed to somewhat better deal with the new reality. The new Chinese...more

The Intersection Between Intellectual Property Law and Employment Law [Video]

Employment law often becomes the centerpiece in intellectual property litigation. Understanding how these two disciplines intertwine can be critical to winning or losing a case. Attorneys Becky Thorson and Christopher Seidl...more

Supreme Court of Japan Decision Clarifies Ability to Enforce Certain Foreign Judgments

On April 24, 2014, the Supreme Court of Japan issued a decision (Decision) with respect to the 'enforcement of foreign judgments' by Japanese courts. The Decision sets out criteria for when a Japanese court must enforce an...more

Mediating Alternative Energy Disputes

Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more

Advanced Intellectual Property Strategies for Defending Your Life Sciences IPO [Video]

One of the greatest fears of a life sciences company is the possibility of being sued for intellectual property violation shortly before their IPO. Such a lawsuit can destabilize market confidence in the company, raise...more

International Trend Toward Strengthening Trade Secret Law

As the patent wars continue to rage, and the cost of securing and enforcing patent rights continues to rise in the United States and abroad, the role of trade secrets in securing and protecting valuable intellectual property...more

Civil Contempt Only Applies if Party Violates Explicit Terms of Order

Energy Recovery, Inc. v. Hauge - Addressing a civil contempt order under an abuse of discretion standard, the U.S. Court of Appeals for the Federal Circuit found in that a former employee was not in contempt because he...more

London’s IP Anti-Crime Unit shuts down leading sports file-sharing site

The City of London’s Police Intellectual Property Crime Unit (PIPCU) has successfully shut down the ‘Sports Torrent Network’, a leading sports file-sharing site offering its members links to sports events online. ...more

Consider Design Patents as One Mode of Protection for Product Appearance

In the world of industrial design and branding, the appearance or look and feel of a product can be subject to various forms of intellectual property (IP) protection. Copyrights and trademarks usually come to mind when...more

ITC reaffirms its power to bar digital file transfers

The U.S. International Trade Commission has reaffirmed its power to ban electronic transmissions (such as pirated films or software) from the United States where those transmission infringe an intellectual property right or...more

Standard For Amending Claims In IPR May Need To Change

The Idle Free decision denied the patent owner’s motion to amend claims on the ground that the patent owner had not proven the patentability of the claims over the prior art. Remarkably, the decision makes no reference to the...more

UPDATE: Money, Money, Money: Top 10 Trade Secret Verdicts (With Our Runner-Up Overturned)

Big IP verdicts aren’t limited to patent cases. Trade secrets can mean big money, too. Really big. As in multi-, multi-million dollar verdicts. And the trend is up with more than half of the top ten verdicts coming out in...more

IP litigation: where to sue.

Generally speaking, the easier are the regulations concerning territorial competence, the better is for the efficiency of the legal system. The Italian lawmaker took therefore the right direction in 2003, when IP...more

Intellectual Property Licenses in Bankruptcy

What is IP in the Bankruptcy World? - In bankruptcy, intellectual property (IP) licenses are considered property of the bankruptcy estate, and a bankrupt party can do a variety of things with these licenses. It is...more

Hot Topics In Intellectual Property And Antitrust Law

Overview of Presentation: The Antitrust / IP interface • Observers have long noted a perceived tension between antitrust and IP law • IP law aims to create legally sanctioned zones of exclusivity • It...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 30, 2014

Smith v. Sunshine Sound Enterprises, Inc., USCA, 11th Circuit, January 22, 2014 - Eleventh Circuit reverses dismissal of estate’s claims for copyright infringement, holding that songwriter who assigned his legal rights...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 27, 2014

Moore v. Lightstorm Entertainment, USDC, D. Maryland, January 17, 2014 - District court grants summary judgment dismissing screenwriter’s copyright infringement claims against producers of motion picture Avatar,...more

Insurance Coverage for IP Claims: 2013’s Coverage Hits

As policyholders look back at the insurance coverage landscape of 2013, a major take away point is that the courts continue to debunk the myth that there is no coverage for intellectual property claims under the advertising...more

Wearable Computing—The Next Front in the Smartphone Wars?

The rapidly shrinking size of computer components and the development of high-speed wireless signaling technologies have made mobile computing devices ubiquitous. Users can now access data and applications from virtually...more

Patent Suits Becoming More Onerous for Plaintiffs?

On December 5, 2013, H.R. 3309, “The Innovation Act” overwhelmingly passed in the House of Representatives. H.R. 3309 was introduced October 23, 2013 by Rep. Bob Goodlatte (R-Va.), Chairman of the House Judiciary Committee,...more

Willful Blindness on Trade Secrets: Employers Could Pay a Heavy Price

A recent trial experience provided an extraordinary lesson on the significant legal exposure employers face when hiring away employees from a competitor. I recently completed a jury trial in which my client obtained a $22.7...more

Fourth Circuit Affirms Application of Section 365(n) to Ensure Patent Licensees Sufficiently Protected in Granting Relief to...

The Court of Appeals for the Fourth Circuit, in Jaffe v. Samsung Elecs. Co., Ltd., recently held that a U.S. bankruptcy court is not required under principles of comity to blindly apply foreign law to assets located in the...more

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