Daniel Kiang

Daniel Kiang

Knobbe Martens

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Federal Circuit Review - January 2019

A Post-URAA Patent that Issues After but Expires Before a Related Pre-URAA Patent Is Not a Double-Patenting Reference Against the Pre-URAA Patent - In Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc.,...more

2/8/2019  /  Abstract Ideas , ANDA , Appeals , Declaratory Judgments , Dismissals , Dispute Letters , Double Patent , Due Process , Improper Venue , Long Arm Statute , Minimum Contacts , Obviousness-Type Double Patenting (ODP) , Patent Expiration , Patent Infringement , Patent Invalidity , Patent Term Extensions , Patent Terms , Patent Validity , Patents , Personal Jurisdiction , Pharmaceutical Patents , Reaffirmation , Reversal , Stipulated Judgment , Uruguay Round Agreements Act (URAA)

Federal Circuit Review - December 2018

Assignor Estoppel Does Not Apply in the IPR Context - In Arista Networks, Inc. v. Cisco Systems, Inc., Appeal Nos. 2017-1525, 2017-1577, the Federal Circuit held that the plain language of 35 U.S.C. § 311(a) unambiguously...more

1/16/2019  /  Administrative Procedure Act , Appeals , Assignor Estoppel , Calculation of Damages , Claim Construction , Cross-Appeals , Damages , Declaratory Rulings , Employee Inventors , Forum State , Induced Infringement , Injunctive Relief , Inter Partes Review (IPR) Proceeding , IP License , Minimum Contacts , Modification , Noninfringement , Notice Requirements , Patent Infringement , Patent Litigation , Patent Royalties , Patent Trial and Appeal Board , Patent Validity , Patents , Personal Jurisdiction , Reaffirmation , Remand , Reversal , Tortious Interference

Federal Circuit Review - November 2018

Federal Circuit Finds Claims Directed to Tabbed Spreadsheets Patent Eligible and Claims Directed to Tracking Changes in Documents Ineligible Under Section 101 - In Data Engine Technologies LLC v. Google LLC, Appeal No....more

12/7/2018  /  Abstract Ideas , Appeals , CLS Bank v Alice Corp , Hatch-Waxman , Inter Partes Review (IPR) Proceeding , Life Sciences , Mayo v. Prometheus , Mylan Pharmaceuticals , Patent Invalidity , Patent Trial and Appeal Board , Patent-Eligible Subject Matter , Patents , Pharmaceutical Patents , POSITA , Prior Art , Product of Nature Doctrine , Reaffirmation , Remand , Reversal , Sandoz , Section 101 , Summary Judgment , Teva Pharmaceuticals

Federal Circuit Review - October 2018

IPR Petitioner’s Initial Identification of the Real Parties in Interest Is to Be Accepted Unless and Until Disputed by a Patent Owner - In Worlds Inc. v. Bungie, Inc., Appeal Nos. 2017-1481, -1546, -1583, the Federal...more

11/14/2018  /  § 315(b) , Appeals , Burden of Persuasion , Burden of Proof , Burden-Shifting , Dismissals , Evidence , Inter Partes Review (IPR) Proceeding , Lack of Authority , Method Claims , Motivation to Combine , Obviousness , Patent Infringement , Patent Trial and Appeal Board , Patents , Prior Art , Reaffirmation , Real Party in Interest , Rebuttable Presumptions , Remand , Reversal , Sanctions , Time-Barred Claims , Vacated

Federal Circuit Review - September 2018

Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

10/30/2018  /  Abstract Ideas , Abuse of Discretion , Appeals , Attorney's Fees , Breach of Duty , Causation , Claim Limitations , CLS Bank v Alice Corp , Computer-Related Inventions , Duty to Disclose , Expert Testimony , Implied Waivers , Instrinsic Evidence , Inter Partes Reexamination , ITC , Judgment on the Pleadings , Means-Plus-Function , Motion for Summary Judgment , Motion to Dismiss , Patent Infringement , Patent Invalidity , Patent Litigation , Patent-Eligible Subject Matter , Patents , Reaffirmation , Rebuttable Presumptions , Remand , Reversal , Section 101 , Section 112 , Section 337 , Vacated , Willful Misconduct

Worlds Inc. V. Bungie, Inc.

Federal Circuit Summary - Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB may initially accept an IPR petitioner’s identification of real-parties-in-interest, but...more

9/10/2018  /  Appeals , Burden of Persuasion , Burden-Shifting , Inter Partes Review (IPR) Proceeding , Patent Infringement , Patent Trial and Appeal Board , Patents , Real Party in Interest , Rebuttable Presumptions , Remand , Software Patents , Time-Barred Claims , Vacated

Federal Circuit Review - August 2018

The Board’s Final Written Decision Must Address All Grounds for Unpatentability Raised in a Petition for Inter Partes Review - In Adidas AG v. Nike, Inc., Appeal Nos. 2018-1180, 2018-1181, the Federal Circuit held that...more

8/30/2018  /  Adidas , Anticipation , Appeals , Broadest Reasonable Interpretation Standard , Calculation of Damages , Claim Construction , Combined References , Enhanced Damages , Fair Market Value , Final Written Decisions , Genuine Issue of Material Fact , Inter Partes Review (IPR) Proceeding , Jury Trial , Motivation to Combine , Nike , Obviousness , Patent Infringement , Patent Litigation , Patent Trial and Appeal Board , Patent Validity , Patents , Prior Art , Public Use , Reaffirmation , Rebuttable Presumptions , Remand , SAS Institute Inc. v Iancu , Substantial Evidence Standard , Vacated , Willful Infringement

Federal Circuit Review - July 2018

Determining Whether a Claim Element or Combination of Elements Would Have Been Well-Understood, Routine, and Conventional Is a Question of Fact - In Aatrix Software, Inc. v. Green Shades Software, Inc., Appeal No....more

8/7/2018  /  35 U.S.C. § 284 , Anticipation , Appeals , Burden of Proof , Claim Amendments , Claim Construction , Claim Elements , CLS Bank v Alice Corp , Combined References , Component Parts Doctrine , Exports , Extraterritoriality Rules , Foreign Profits , Inter Partes Review (IPR) Proceeding , Inventions , Lost Profits , Obviousness , Patent Infringement , Patent Trial and Appeal Board , Patent-Eligible Subject Matter , Patents , Petition For Rehearing , Printed Publications , Prior Art , Question of Fact , Remand , Section 101 , Vacated , WesternGeco LLC v Ion Geophysical Corporation

Federal Circuit Review - June 2018

A Complaint Identifying Infringing Products and the Patents Allegedly Infringed, Accompanied by Statements that the Products Meet All Elements of at Least One Claim of the Asserted Patents, May be Sufficient to Meet the...more

7/12/2018  /  ANDA , Appeals , Article III , Contract Termination , Declaratory Judgments , Federal Rule 12(b)(6) , Final Written Decisions , Foreign Corporations , FRCP 12(b)(2) , FRCP 12(b)(3) , Improper Venue , International Litigation , Motion to Dismiss , Patent Infringement , Patent Litigation , Patent Trial and Appeal Board , Patents , Personal Jurisdiction , Post-Grant Review , Principal Place of Business , Specific Jurisdiction , Standing , Twombly/Iqbal Pleading Standard , Venue , Writ of Mandamus

Federal Circuit Review - May 2018

Priority Claims Cannot Be Incorporated by Reference - In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited, Appeal Nos. 2016-2707 and 2016-2708, the Federal Circuit held that when a patent for a...more

6/25/2018  /  Abuse of Discretion , ANDA , Appeals , Claim Construction , Clear Error Standard , Consolidated Appeals , Diagnostic Method , Disclaimers , Discovery , Extrinsic Evidence , Generic Drugs , Incorporation by Reference , Injunctive Relief , Inter Partes Review (IPR) Proceeding , Jurisdiction , Patent Infringement , Patent Invalidity , Patent Terms , Patent Trial and Appeal Board , Patent-Eligible Subject Matter , Patents , Pharmaceutical Patents , Priority Patent Claims , Privity of Contract , Product of Nature Doctrine , Real Party in Interest , Scope of the Claim , Subsequent Litigation , Time-Barred Claims , Treatment Method Patents

M-I Drilling Fluids UK Ltd. v. Dynamic Air LTDA

Federal Circuit Summaries - Before Hughes, Reyna, Stoll. Appeal from the District of Minnesota. Summary: Specific personal jurisdiction over a foreign corporation is proper when the foreign corporation allegedly...more

5/21/2018  /  Appeals , Due Process , Foreign Corporations , International Waters , Offshore Drilling , Patent Infringement , Patents , Personal Jurisdiction , Reversal , Specific Jurisdiction

Federal Circuit Review - April 2018

Broadest Reasonable Interpretation Encompasses All Embodiments in the Absence of Support Specifically Excluding an Embodiment - In Steuben Foods, Inc. v. Nestle USA, Inc., Appeal No. 2017-1290, the Federal Circuit...more

5/15/2018  /  Appeals , Apple , Broadest Reasonable Interpretation Standard , Claim Construction , Claim Terms , Collateral Estoppel , Evidence , Final Written Decisions , Inter Partes Review (IPR) Proceeding , Nestle , Obviousness , Patent Invalidity , Patent Litigation , Patent Trial and Appeal Board , Patents , Reaffirmation , Remand , Subsequent Litigation , Vacated

Federal Circuit Review - March 2018

Distribution Agreements Can Constitute Offers for Sale Under Section 102(b) - In The Medicines Company v. Hospira, Inc., Appeal Nos. 2014-1469, 2014-1504, the Federal Circuit held that a distribution agreement qualified as...more

4/11/2018  /  Amended Complaints , Appeals , Broadest Reasonable Interpretation Standard , Claim Construction , Computer-Related Inventions , Direct Infringement , Federal Rule 12(b)(6) , Generic Drugs , Indefiniteness , Inter Partes Review (IPR) Proceeding , Motion to Dismiss , Obviousness , On-Sale Bar , Patent Invalidity , Patent-Eligible Subject Matter , Patents , Pharmaceutical Patents , Pleading Standards , Prior Art , Question of Fact , Question of Law , Remand , Reversal , Sales & Distribution Agreements , Section 101 , Standard of Review , Summary Judgment

Federal Circuit Review - February 2018

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

3/14/2018  /  Abstract Ideas , Agency Deference , Appeals , Apportionment , Computer-Related Inventions , Concurrent Litigation , Dismissals , Employee Inventors , Employment Contract , Final Written Decisions , FRCP 19 , Inter Partes Reexamination , IP Assignment Agreements , Issue Preclusion , Joinder , Judgment As A Matter Of Law , Jury Trial , Motion For New Trial , Motion for Summary Judgment , Mutuality , Noninfringement , Patent Infringement , Patent Royalties , Patent Validity , Patent-Eligible Subject Matter , Patents , Section 101 , Standing , Vacated , Willful Infringement

Federal Circuit Review - January 2018

Where Parties Raise an Actual Dispute Regarding Claim Scope, the Court Must Resolve It In Nobelbiz, Inc. v. Global Connect, L.L.C., Appeal Nos. 2016-1104, 2016-1105, the Federal Circuit held that where parties raise an actual...more

2/5/2018  /  Anticipation , Anticipatory Reference , Appeals , Burden of Proof , Claim Amendments , Combined References , Divided Infringement , Indefiniteness , Inherency , Inter Partes Review (IPR) Proceeding , Motion to Amend , Obviousness , Patent Infringement , Patent Invalidity , Patent Trial and Appeal Board , Patents , Prior Art , Scope of the Claim , Standard of Review , Substantial Evidence Standard

Finjan, Inc. v. Blue Coat Systems, Inc.

Federal Circuit Summaries - Before Dyk, Linn, and Hughes. Appeal from the Northern District of California. Summary: Claims directed to behavior-based virus scanning, as opposed to the traditional code-matching method,...more

1/11/2018  /  Appeals , Calculation of Damages , Computer-Related Inventions , Evidence , Jury Verdicts , Patent Infringement , Patent-Eligible Subject Matter , Patents , Royalties , Section 101

Federal Circuit Review - December 2017

Claims Directed to Methods for Streaming Audiovisual Data Held Unpatentable Under § 101 - In Two-Way Media Ltd v. Comcast Cable Communications, Appeal Nos. 2016-2531, 2016-2532, the Federal Circuit affirmed the district...more

1/5/2018  /  Appeals , Calculation of Damages , Claim Construction , CLS Bank v Alice Corp , Component Parts Doctrine , Damages , Evidence , Foreign Sales , JMOL , Life Technologies Corp v Promega Corp , Nonobvious , Patent Infringement , Patent-Eligible Subject Matter , Patents , SCOTUS , Section 101 , TC Heartland LLC v Kraft Foods , Vacated , Venue , Waivers

Federal Circuit Review - November 2017

Fractured Federal Circuit Holds Patent Owner Does Not Bear Burden of Persuasion in IPR Motions to Amend - In Aqua Products, Inc. v. Matal, Appeal No. 2015-1177, the Federal Circuit, sitting en banc, held that a patent...more

12/6/2017  /  ANDA , Appeals , Burden of Persuasion , Burden of Production , Chevron Deference , Claim Amendments , Claim Construction , Commercial Success , Indefiniteness , Inter Partes Review (IPR) Proceeding , Intrinsic Test , Motion to Amend , Obviousness , Patent Infringement , Patent Invalidity , Patent Ownership , Patent Trial and Appeal Board , Patents , Prior Art , Reaffirmation , Remand , Reversal , Substantial Evidence Standard , USPTO , Vacated

Federal Circuit Review - October 2017

Federal Circuit Denies En Banc Rehearing in Mentor Graphics v. EVE-USA - In Mentor Graphics Corp. v. Eve-USA, Inc., Appeal Nos. 2015-1470, 2015-1554, 2015-1556, the Federal Circuit denied Synopsys’ and EVE’s petition for...more

11/14/2017  /  Appeals , Apportionment , Arbitration Agreements , Assignor Estoppel , Calculation of Damages , Declaratory Judgments , Dismissals , Doctrine of Equivalents , Employment Contract , En Banc Review , Ensnarement , Foreign Patent Applications , Foreign Persons , Former Employee , Intervenors , Jury Verdicts , Lost Profits , Mexico , Misappropriation , Motion to Compel , Motion to Transfer , Patent Infringement , Patents , Petition For Rehearing , Principal Place of Business , Standing , Subject Matter Jurisdiction , Substantial Evidence Standard , Trade Secrets , Venue , Writ of Mandamus

Federal Circuit Review - September 2017

IPR Appellants Must Satisfy Article III Standing - In Personal Audio, LLC v. Electronic Frontier Foundation, Appeal No. 2016-1123, the Federal Circuit held that standing for an appeal to a federal court is based on the...more

10/24/2017  /  Abstract Ideas , Appeals , Article III , Computer-Related Inventions , Inter Partes Review (IPR) Proceeding , Lost Profits , Patent Infringement , Patent Trial and Appeal Board , Patent-Eligible Subject Matter , Patents , Prior Art , Standing , USPTO

Federal Circuit Review - August 2017

District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more

9/15/2017  /  Abuse of Discretion , Adverse Inference Instructions , Appeals , Attorney's Fees , Broadest Reasonable Interpretation Standard , Damages , Discovery , Discovery Disputes , Document Productions , Exceptional Case , Inter Partes Review (IPR) Proceeding , Judicial Mandates , Means-Plus-Function , Motion to Compel , Obviousness , Octane Fitness v. ICON , Patent Infringement , Patent Invalidity , Patent Trial and Appeal Board , Patents , Prior Art , Reaffirmation , Remand , Reversal , Sanctions , Standard of Review , Totality of Circumstances Test , USPTO , Willful Misconduct

Federal Circuit Review - July 2017

District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

8/18/2017  /  Abuse of Discretion , Appeals , Attorney's Fees , BPCIA , Commercial Marketing , Exceptional Case , FRCP 11 , Indefiniteness , Inter Partes Review (IPR) Proceeding , ITC , Judgment on the Pleadings , Means-Plus-Function , Motion for Sanctions , Notice Requirements , Obviousness , Patent Infringement , Patent-Eligible Subject Matter , Patents , Preliminary Injunctions , Prior Art , Reversal , Safe Harbors , Sandoz v Amgen , SCOTUS , Section 101 , Section 102

Patent Infringement Judgment Against ION Geophysical for its Sales of Seismic Survey Devices Reduced to $26 Million from Original...

Patent Judgments and Awards - On July 26, 2017, after eight years of litigation and multiple appeals, a Texas federal court ordered ION Geophysical Corporation (“ION”) to pay WesternGeco L.L.C. (“WesternGeco”)...more

8/17/2017  /  Appeals , Damages , Enhanced Damages , Lost Profits , Patent Infringement , Patents , Willful Infringement

Jury Awards $10.4 Million in Damages to Philips for ZOLL’s Infringement of Defibrillator Patents

Patent Judgments and Awards - On August 3, 2017, a Boston jury awarded Philips $10.4 million in damages for ZOLL’s infringement of three patents relating to automated external defibrillators. This represents only a...more

8/17/2017  /  Appeals , Cross-Claims , Damages , Jury Verdicts , Medical Devices , Patent Infringement , Patents

Federal Circuit Review - June 2017

Inter Partes Reexamination Estoppel Attaches On Claim-by-Claim Basis for New Requests and Pending Proceedings - In In re Affinity Labs Of Texas, LLC, Appeal Nos. 2016-1092, 2016-1172, the Federal Circuit held that the...more

7/12/2017  /  Appeals , Breach of Contract , Claim Construction , Doctrine of Prosecution Disclaimer , Estoppel , Ex Partes Reexamination , First Sale Doctrine , Forum Shopping , Impression Products v Lexmark International , Inter Partes Review (IPR) Proceeding , International Sales , Noninfringement , Patent Exhaustion , Patent Litigation , Patent Owner Preliminary Response , Patent Ownership , Patents , Principal Place of Business , SCOTUS , State of Incorporation , TC Heartland LLC v Kraft Foods , Venue
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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
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There are different types of cookies and other technologies used our Website, notably:

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  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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