The COVID-19 pandemic has unquestionably had a massive effect on nearly all aspects of American life. However, now that COVID-19 is and continues to be a known risk, parties should carefully consider when and to what extent...more
Millions of people across the country are waiting to get the COVID-19 vaccine. For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...more
In a recent order from Livingston v. City of Chicago, Magistrate Judge Young Kim of the Northern District of Illinois provided useful guidance to litigants in the use of technology assisted review, or TAR. Importantly, Judge...more
Earlier this month, Proskauer filed an amicus brief on behalf of the Brady Center to Prevent Gun Violence in support of the Commonwealth of Massachusetts’ ban on assault weapons, such as the AK-47 or the AR-15, and...more
A recent settled SEC order, In re Arlington Capital Management, Inc. and Joseph F. LoPresti, highlights the potential benefits of voluntarily taking steps to remediate conduct or practices that could run afoul of the SEC’s...more
5/4/2018
/ Chief Compliance Officers ,
Corporate Misconduct ,
Enforcement Actions ,
Investigations ,
Investment Adviser ,
OCIE ,
Policies and Procedures ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Voluntary Remediation Program (VRP)
A recent opinion from Judge Shea in the District of Connecticut sheds important light on the sufficiency of pleadings in declaratory judgment patent cases. Noting that declaratory judgment actions are of particular...more
In a landmark decision, the Supreme Court unanimously overturned the Federal Circuit’s VE Holding opinion, which had permitted patent defendants to be sued in any forum in which they were subject to personal jurisdiction....more
5/24/2017
/ Food Manufacturers ,
Forum Shopping ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
Principal Place of Business ,
SCOTUS ,
State of Incorporation ,
State of Residency ,
TC Heartland LLC v Kraft Foods ,
Venue
The U.S. Supreme Court ruled this week that laches is not a defense in the majority of patent cases. Justice Alito, writing for the 7-1 majority, found the application of laches to patent disputes incompatible with the...more
3/27/2017
/ Appeals ,
Damages ,
Defense Strategies ,
Equitable Estoppel ,
Laches ,
Patent Act ,
Patent Infringement ,
Patents ,
Petrella v. MGM ,
SCA Hygiene Products Aktiebolag v First Quality Baby Products ,
SCOTUS ,
Statute of Limitations
A recent case from the District of Connecticut provides important insight into personal jurisdiction analysis, and serves as a reminder that sometimes even modest connections to a state can render a company subject to suit in...more
Judge Allison Burroughs of the District of Massachusetts recently issued a decision that provides much-needed insight into pleading standards in patent cases. With the demise of Form 18 of the Federal Rules of Civil...more
1/31/2017
/ Direct Infringement ,
Form 18 ,
Indirect Infringement ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patent-in-Suit ,
Patents ,
Pleading Standards ,
Technology Sector ,
Twombly/Iqbal Pleading Standard
In a recent decision out of the District of Massachusetts, Judge Talwani provided litigants with insights into patent subject matter jurisdiction in declaratory judgment actions. Here the patent owner, US Carburetion, had...more
We wrote recently about a summary judgment decision in which Judge Indira Talwani found certain asserted claims of two patents on a type of breakable screw to be obvious in light of the prior art. This ruling came even though...more
In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In a case with important implications for online marketing...more
8/26/2016
/ Anti-cybersquatting Consumer Protection Act ,
Corporate Counsel ,
Cybersquatting ,
E-Commerce ,
Infringement ,
Keyword Advertising ,
Marketing ,
Online Advertisements ,
Search Engines ,
Summary Judgment ,
Trademark Infringement ,
Trademarks
Judge Jeffrey Alker Meyer of the District of Connecticut recently released an opinion that is significant to litigants on either side of a covenant not to sue. In a complex case with a host of claims and counterclaims...more
Judge Indira Talwani emphasized the importance of timely intervention in any patent infringement suit, in a recent opinion out of the District of Massachusetts. In this case, an exclusive licensee of several patents was not...more
In a significant recent opinion, Judge Richard G. Stearns carefully considered the complex doctrine of issue preclusion, and applied it to a case involving section 101 patentability analyses. The opinion provides helpful...more
In a recent decision out of the District of Massachusetts, Judge Stearns assessed Kaz’s inequitable conduct defense on summary judgment – and found it to come up short by a degree. The opinion is an important reminder that to...more
A recent decision from Judge Jeffrey Alker Meyer in the District of Connecticut may make waves in the world of nonfiction copyright. The decision throws out a copyright case that, among other things, emphasized two...more
Judge Indira Talwani issued an order on plaintiff Erik Cherdak’s renewal of his motion to disqualify, which we talked about last year in Serial Adversaries Are No Big Deal. And once again, she found that for Cooley, serial...more
Chief Judge Patti Saris of the District of Massachusetts has issued a significant opinion on privilege waivers in the Trustees of Boston University v. Everlight Electronics case. The opinion concerned a deposition in the case...more
A recent summary judgment opinion by Judge Patti B. Saris highlights the importance of expert testimony in substantiating factual disputes and withstanding summary judgment. In denying both parties’ motions for summary...more
In an interesting case before Judge Timothy S. Hillman in the District of Massachusetts, a dispute over whether attorney’s fees should be granted is moving up to the Federal Circuit. The case brings back before the Federal...more
In determining a reasonable royalty for patent infringement damages, district courts often use the hypothetical negotiation analysis: that is, what is the royalty rate that the patent owner and the infringer would have agreed...more
Trial was scheduled for next week, but Boston-based Skyhook and Google, Inc. reached a settlement, according to a Court paper filed yesterday. The lead up to the trial in Skyhook v. Google was filled, though, with...more