Joint development, or “teaming agreements” regularly anticipate one party disclosing trade secret subject matter to its counterparty to facilitate the joint development effort. While most JDAs involve companies with distinct...more
4/24/2025
/ Breach of Contract ,
Confidential Information ,
Contract Disputes ,
Damages ,
Intellectual Property Litigation ,
Joint Venture ,
Liability ,
Misappropriation ,
Non-Disclosure Agreement ,
Teaming Agreements ,
Trade Secrets
Patent owners can recover lost profits when (1) there is a demand for a patented product, (2) an absence of acceptable non-infringing alternatives, (3) the patentee had the manufacturing and marketing capacity to exploit...more
While litigants may oft use Rule 11 prematurely or inappropriately, it does have its proper time and place when deployed as intended. In the patent context, examples include when claim elements are clearly missing in an...more
Last week we discussed how useful Rule 11 can be used to recoup reasonable expenses drawn from frivolous litigation in the context of a recent decision in Imprenta Services, Inc. et al. v. Karll et al., 20-cv-6177 (C.D. CA....more
Patent owners that lack sufficient resources are often required to utilize the services of an outside litigation funding source to vindicate their patent rights. Often times, these patent owners communicate with such...more
A recent order from the Northern District of California in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., No. 19-cv-06593 (Jan. 27, 2022) (“Edwards”), provides guidance regarding the ability (or inability) to...more
On January 3, 2022, Magistrate Judge Susan Hightower granted a defendant’s motion to exclude an expert’s damages theory for violating the entire market value rule, reminding plaintiffs everywhere to use caution when applying...more