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Court releases final Unwired Planet v Huawei judgment and gives guidance on confidentiality in licensing disputes

by Allen & Overy LLP on

Final Unwired Planet v Huawei judgment published - On 30 November 2017 the High Court of England and Wales handed down two final judgments on confidentiality in Unwired Planet v Huawei: the final version of the substantive...more

En Banc Federal Circuit Finds PTAB Time Bar Determinations Appealable

by Finnegan – AIA Blog on

On January 10, the en banc Federal Circuit held in Wi-Fi One, LLC v. Broadcom Corp. that inter partes review time bar determinations under 35 U.S.C. § 315(b) are appealable, and explicitly overruled Achates Reference...more

Federal Circuit "Blue Coat" Decision: Virus-Scanning Software Survives Alice Attack Applying "Enfish"

by Husch Blackwell LLP on

On January 10, 2018, the Federal Circuit added Finjan, Inc. v. Blue Coat Sys., Inc., No. 2016-2520 (Fed. Cir.), to its Enfish jurisprudence and upheld the subject matter eligibility of a software patent directed to...more

Software Innovations Make Non-Abstract Improvements to Computer Technology

In Finjan, Inc., v. Blue Coat Systems, Inc., [2016-2520] (January 10, 2018), the Federal Circuit affirmed subject matter eligibility of U.S. Patent No. 6,154,844; affirmed infringement of the U.S. Patent Nos. 6,154,844 and...more

PTAB Life Sciences Report - January 2018

About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Micro Labs Ltd. v. Santen Pharmaceutical Co. - PTAB Petition: IPR2017-01434; filed May 12,...more

The Data Breach Legal Limbo On Consumers’ Ability To Sue Hacked Companies

by Ifrah PLLC on

The first of the year is a good time to makes assessments, resolutions and predictions. We have some recommendations for companies that store and process consumer data: It is a good time to assess the strength of your data...more

An Arrow in the Quiver of Patent Owners: Federal Circuit Decides That Not All Aspects of PTAB’s Institution Decisions Are "Final...

The US Court of Appeals for the Federal Circuit has decided that patent owners may appeal the decisions of the Patent Trial and Appeal Board (PTAB) regarding the timeliness of inter partes review petitions under 35 U.S.C. §...more

The Proposed Overhaul Of North Carolina’s Data-Breach Law Could Have Big-Time Consequences

by Ellis & Winters LLP on

One might expect N.C. Gen. Stat. § 75-1.1 to play a big role in data-breach litigation. The statute, after all, offers the prospect of treble damages and attorney fees. But, historically, it hasn’t. Only three...more

No Old Kentucky Home for Parallel FDCA-Based Tort Claims

by Reed Smith on

Several years ago, in a post entitled “Negligence Per Se Trivia,” we included the following: "In Kentucky, negligence per se has been codified, and claims based on federal (but not state) statutes or regulations (like the...more

California Environmental Law & Policy Update - January 2018 #2

by Allen Matkins on

Focus - Brown administration working to scale down $17 billion Delta tunnels project - The Mercury News - Jan 12 Faced with a shortage of money and political support after seven years of work, Governor Jerry Brown’s...more

Judge Andrews Issues Markman Ruling In Infringement Action Construing Nine (9) Disputed Terms In Patents-In-Suit

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Sanofi-Aventis U.S. LLC et al. v. Merck Sharp & Dohme Corp., Civil Action No. 16-812-RGA (D.Del. January 12, 2018), the Court rendered its Markman ruling...more

Standing to Sue under the Fair and Accurate Credit Transactions Act after Spokeo

by K&L Gates LLP on

After paying for groceries with a credit card or debit card, the clerk hands the receipt to the customer. In addition to the last four digits of the card number, it contains the first digit. Or perhaps it contains the first...more

Top 10 Highlights of Canadian IP Law and Practice in 2017

by Smart & Biggar on

2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Intellectual Property Newsletter - January 2018

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its latest newsletter. The newsletter addresses a number of current IP topics, ranging from the constitutionality and judicial reviewability of inter partes review to...more

California Court of Appeal Limits Duty of Clinical Study Sponsor to Intervene in Treaters’ Care of Study Participants

by Reed Smith on

Last week, we took a short Western Caribbean cruise to celebrate a jarringly-advanced birthday. While the weather wasn’t an asset (it was 43 degrees when we departed Fort Lauderdale, and hovered in the 60s for most of the...more

No Sanctions for Spoliation of ESI Against Plaintiff Leads to Summary Judgment Against Defendant: eDiscovery Case Law

by CloudNine on

...In IBM v. Naganayagam, No. 15 Civ. 7991 (NSR) (S.D.N.Y. Nov. 21, 2017), New York District Judge Nelson S. Romàn, finding that no intent to deprive by the plaintiff and no prejudice against the defendant for spoliation of...more

Federal Circuit Holds That PTAB’s Time-Bar Determinations Are Appealable

by Goodwin on

On January 8, 2018, the Federal Circuit issued its en banc decision in Wi-Fi One, LLC v. Broadcom Corp., No. 2015-1944. The Federal Circuit originally held that due to binding precedent, a time-bar determination under 35...more

Actual Injury Required to Sue Under Illinois Biometric Information Privacy Act

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan....more

Chris Lazarini Comments on Qualifiers of Control Person Liability under Exchange Act §20(a)

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case involving alleged violations of federal and state securities laws and state common law in an alleged scheme to defraud customers and investors in several...more

2017 – It was biotech and pharma who kept the Australian legal system busy

by FPA Patent Attorneys on

2016 saw the Australian legal system deal with the questions that ranged from defining a human being to defining an inventor. 2017 proved to be just as interesting, and just as informative for patentees and applicants as to...more

Just in Time: Federal Court of Appeals Reconsiders Prior Decision on Availability of Judicial Review of IPRs

The Court of Appeals for the Federal Circuit reconsiders its previous decision on the availability of judicial review of IPRs. The statutes, namely 35 U.S.C. §§ 314(d) and 315(b), governing institution of inter partes...more

Rx IP Update - 2017 Highlights in Canadian Life Sciences IP

by Smart & Biggar on

The year 2017 was one of the most significant years for Canadian Life Sciences IP and Regulatory Law in Canada’s history. The year saw major developments in patent linkage, patent term, and substantive patent issues. As we...more

Inducement After Importation Actionable Under Section 337

by Jones Day on

Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues...more

Federal Appeals Court Slams Data Breach Privilege Claim

In the most recent object lesson in a data breach privilege case, a federal appeals court has ordered a Michigan-based mortgage lender to turn over privileged forensic investigatory documents after the investigator’s...more

Federal Circuit Loosens Constraints on Appeals of PTAB Decisions

Judicial review of post-grant patent proceedings at the Patent Trial and Appeal Board (PTAB) is limited, but a federal court of appeals has somewhat loosened the restriction. On January 8, 2018, in Wi-Fi One, LLC v. Broadcom...more

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