RICO, Patent Litigation

District Court Awards Sanctions for False RPI Identification

Jones Day on 10/30/2023

The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest. While that might seem like a mere formality, a false disclosure can lead to very harsh consequences....more

Open Question: Use of Stolen Trade Secrets May or May Not Qualify as a Predicate Act Under RICO

Mintz - Intellectual Property Viewpoints on 3/11/2022

Since the passage of the Defend Trade Secrets Act (DTSA), trade secret owners have been able to use allegations of trade secret misappropriation under the DTSA to support civil claims under the Racketeer Influence and Corrupt...more

How Not to Build a Case of Trade Secret Misappropriation

McDermott Will & Emery on 1/14/2021

The US Court of Appeals for the Ninth Circuit affirmed a dismissal of trade secret claims, finding that although misappropriation of a trade secret prior to the enactment of the Defend Trade Secrets Act (DTSA) does not...more

Criminal Statute for Organized Crime Now Available to Combat Trade Secret Theft – But What is an Act of Trade Secret Theft under...

Mintz - Intellectual Property Viewpoints on 6/19/2019

The DTSA standing alone provides significant recourse for trade secret owners who have fallen victim to trade secret theft. Apart from the protection provided by the DTSA itself, however, the statute also allows trade secret...more

Racketeering Not Just for Mobsters Anymore: Patent Proceedings Too

Nutter McClennen & Fish LLP on 3/19/2019

What began as a run-of-the-mill patent lawsuit for a popular sportswear company spiraled into a six year litigation war; one that, when the dust of the suit at law settled, resulted in accusations of “racketeering.”...more

The World in U.S. Courts - Winter 2018

Orrick, Herrington & Sutcliffe LLP on 3/5/2018

French Bank Whose Transactions Benefitted Sudan Generally, But Were Not Otherwise Related To The Commission Of Terrorist Acts Supported By Sudan, Could Not Have Violated ATA And ATS....more

The World In U.S. Courts - Fall 2017

Orrick, Herrington & Sutcliffe LLP on 12/8/2017

FSIA Does Not Exempt US Bank from Subpoena for Production of Records of Accounts Maintained by Central Bank of Nigeria - The World in U.S. Courts: Fall 2017 - Foreign Sovereign Immunity Act (FSIA)/Political Question Doctrine....more

Food & Beverage Litigation Update | June 2017 #4

Shook, Hardy & Bacon L.L.P. on 6/26/2017

NAD Says Aldi Should Change Savings Claims Ads - The National Advertising Division (NAD) has recommended that Aldi, Inc. discontinue advertising based on a “market basket” comparison that claims consumers could save more...more

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

Orrick, Herrington & Sutcliffe LLP on 2/28/2017

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Content Extraction and Transmission, LLC vs. Wells Fargo Bank (Fed. Cir. 2014)

McDonnell Boehnen Hulbert & Berghoff LLP on 1/6/2015

Patentee Content Extraction and Transmission (CET) owns U.S. Patent Nos. 5,258,855 (the '855 patent), 5,369,508 (the '508 patent), 5,625,465 (the '465 patent), and 5,768,416 (the '416 patent). The '508, '465, and '416...more

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