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Identifying the Real Party in Interest

Samsung Elecs. Co. v. Black Hills Media, LLC; Medtronic, Inc. v. Robert Bosch Healthcare Sys., Inc. - Two recent decisions from the Patent Trial and Appeal Board (PTAB or Board) clarify the test for identifying the...more

Lightning Strikes and Patent Owner Gets Additional Discovery

In Samsung Electronics Co., Ltd. v. Black Hills Media, LLC, IPR2014-00717, Paper 17, IPR2014-00735, Paper 17 (October 2, 2014), the patent owner presented sufficient information to call into question whether Google was also a...more

Bernstein Shur Business and Commercial Litigation Newsletter #36

We are proud to celebrate three years of the Bernstein Shur Business and Commercial Litigation Newsletter with this 36th edition. This month, we highlight developments in the following areas, which are likely to have an...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

ITC Section 337 Update – August 7, 2013

White House Disapproves Commission Determination To Issue Exclusion Order In 794 Investigation – By Letter of August 3, 2013, U.S. Trade Representative Michael Froman, acting on authority from the President, notified...more

Google Ordered to Disclose Search Terms it Used to Respond to Subpoena

A federal judge has ordered non-party Google to disclose the search terms and custodians it used to respond to a subpoena. The magistrate judge’s order in the Apple v. Samsung case pending in San Jose emphasized that...more

Are Search Terms Work Product?

Parties conduct electronic discovery often by using search terms or keywords to locate relevant information during litigation. With the advent of electronic discovery, courts must now answer the question of whether the search...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

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