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Civil Procedure Science, Computers & Technology

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

The obligation to recall products as part of injunctive relief

by DLA Piper on

Explanatory note on the decisions of the German Federal Court of Justice (decision of Oct. 11, 2017, docket no. I ZB 96/16 - products for wound treatment) and the Higher Regional Court of Dusseldorf (decision of Sep. 21,...more

Delaware Court Recommends Dismissal with Prejudice of Biosimilar Neulasta Suit

In a Report and Recommendation issued December 7, 2017, Magistrate Judge Burke in the District of Delaware recommended that Amgen’s BPCIA complaint for infringement against Coherus Biosciences Inc. be dismissed with prejudice...more

Pending Federal Cases Could Have Implications for Future Litigation under the Illinois Biometric Information Privacy Act

by Ropes & Gray LLP on

In two recent, related decisions, U.S. District Judge James Donato from the Northern District of California allowed plaintiffs to proceed on claims against Facebook under the Illinois Biometric Information Privacy Act...more

Intellectual Ventures I LLC v. Symantec Corp. (Fed. Cir. 2018)

Intellectual Ventures (IV) sued Symantec in the District of Delaware, alleging infringement of U.S. Patent No. 5,537,533. The District Court invalidated the '533 patent on a summary judgment motion as being directed to...more

District Courts Split On Whether Bristol-Myers Squibb’s Specific Personal Jurisdiction Analysis Bars Nationwide Class Actions In...

by Carlton Fields on

The ramifications of the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017), remain unsettled. ...more

Federal Right To Try Legislation – Is It Any Better – 2018 Edition

by Reed Smith on

A little more than six months ago, we reviewed then-pending federal right-to-try legislation. Since then it’s become a shiny object, capable of distracting those governing the country from more important matters. One...more

In Re: Power Integrations, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Moor, Mayer, and Stoll. Appeal from the patent Trial and Appeal Board Summary: The broadest reasonable interpretation of a claim term cannot be so broad that it is inconsistent with...more

TVEyes Television Watch Service Not Protected by Fair Use

In Fox News Network, LLC v. TVEyes, Inc., Case No. 15-3886 (2nd Cir. 2018), the Second Circuit reversed a district court decision finding that a television broadcast search and watch service made fair use of Fox’s copyrighted...more

The State AG Report Weekly Update

by Cozen O'Connor on

2018 AG Elections- Democrat Kwame Raoul and Republican Erika Harold Win Illinois AG Primary Races- Democratic State Senator Kwame Raoul defeated seven opponents, including former Illinois Governor Pat Quinn, to win the...more

Embedding Content is Safe, Right? A Recent Case Says No, Creating Serious Concerns for Websites with Unlicensed Third-party...

by Fish & Richardson on

In the United States, copyright owners have a number of exclusive rights, including the right to publicly display a work of visual art. This would include, for instance, the right to post a copyrighted photograph on a...more

Dell Inc. v. Acceleron, LLC

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A party in an inter partes review proceeding may not present new evidence or arguments at oral...more

Recent Development on Patent Eligibility of Method of Treatment Claims

by Knobbe Martens on

The United States Patent and Trademark Office (USPTO) recently published a new revision to the Ninth Edition of the Manual of Patent Examining Procedure (MPEP) (Revision 08.2017). This revision added a number of chapters...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 16, Issue 1

Fair Use and Social Media Sites like BuzzFeed - Fair use, an evolving doctrine and a very popular fallback for those on the Internet, has continued to be “the most troublesome in the whole law of copyright.” Its goal has...more

Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices

by Cozen O'Connor on

The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The European Commission has drafted a new set of digital taxes as an answer to last year’s US tax overhaul that imposed a new minimum tax on the overseas efforts of companies with US operations. The EU’s plan would require...more

An Economic Test For Patent Eligibility?

by Foley & Lardner LLP on

In the non-precedential decision issued in Exergen Corp. v. Kaz USA, Inc., Judge Moore considered the time and money it took to develop the invention at issue when deciding that the claims satisfy the patent eligibility...more

Showdown at SCOTUS Looms as SDNY Judge Certifies Her Opinion on Embedded Tweets for Interlocutory Appeal

by Wilson Elser on

On February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial summary judgment in a case involving the embedding of an image online and called into question the applicability and...more

Massachusetts Supreme Judicial Court Recognizes ‘Innovator Liability’

On March 16, 2018, in a matter of first impression in Massachusetts, the Supreme Judicial Court (“SJC”) joined a minority of states in recognizing a tort theory of “Innovator Liability” – namely, that brand-name drug...more

Accounting of profits offers significant benefits to patent owners

by Smart & Biggar on

The Canadian “accounting of profits” remedy for patent infringement, which is not available in the U.S., provides a potentially significant opportunity for companies with Canadian IP rights. Recent court decisions have...more

ALSP – Not Just Your Daddy’s LPO, Part Four: eDiscovery Trends

by CloudNine on

...According to the Thomson Reuters report, ALSPs are likely to continue to expand as the complexity and specialization of legal services grows. Additionally, we can expect that even more areas of ALSP specialization will...more

Novartis Sues Regeneron Regarding EYLEA® (aflibercept) and ZALTRAP® (aflibercept)

by Goodwin on

On March 19, 2018, Novartis and Grifols sued Regeneron in the Southern District of New York, asserting that Regeneron’s manufacture of its EYLEA® and ZALTRAP® products infringes U.S. Patent No. 5,688,688. Previous cases in...more

Eyetalk365, LLC v. Zmodo Technology Corp. (D. Nev. 2018)

Video Doorbell Patent Found to Be Patent Eligible - Plaintiff Eyetalk365, LLC sued Defendant Zmodo Technology Corp. for infringement of U.S. Patent No. 9,432,638, entitled "Communication and Monitoring System," which issued...more

District Court Denies Class Certification under Third Circuit’s New Impracticability Framework

by McDermott Will & Emery on

A district court denied class certification for a relatively small class of plaintiffs after applying the US Court of Appeals for the Third Circuit’s impracticability framework as part of a Rule 23(a) numerosity analysis....more

Loved By Many, Cloud-Based Remote DVR Programming Functionality Falls Victim As Rovi Files Second Patent Infringement Strike...

In another example of cloud-based technologies and services falling victim to increased patent litigation surrounding the cloud space, Rovi Guides, Inc. (a TiVo subsidiary) filed another patent campaign against its...more

Ninth Circuit Gives Leg Up To Shoe Purchasers’ Data Breach Suit

by Carlton Fields on

On March 8, a Ninth Circuit panel held that fear of identity theft in the wake of a data breach satisfies the standing requirements of Article III of the United States Constitution....more

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