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Intellectual Property Science, Computers & Technology Electronic Discovery

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Diagrams Not Considered Source Code Under Modified Protective Order

by Jones Day on

In a recent Order, ALJ McNamara clarified that while diagrams drawn by an expert depicting the interplay and hierarchy of relevant code modules, inputs, and outputs of source code are to be treated as confidential business...more

Defendants Are Awarded Additional Costs For Depositions And E-Discovery

by Morris James LLP on

Robinson, J. Defendants’ motion to review taxation of costs is granted in part and denied in part. Delaware Local Rule 54.1 provides guidance as to how the court generally exercises it discretion to award costs. The...more

I’ve Made a Huge Mistake: Intentional Destruction of ESI is No Illusion

by Exterro, Inc. on

In season three of the series Arrested Development, episode 11 finds George Bluth, Sr. unsurprisingly using a giant electromagnet in an attempt to delete electronic computer files, which could potentially indict him for...more

Federal Court Offers Clues in How the Newly Amended Rule 37(e) Will Be Applied When Electronically Stored Information Is Not...

Among the most significant changes to the Federal Rules of Civil Procedure that went into effect in December 2015 were amendments to Rule 37(e), which defines spoliation in the context of electronically stored information...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

by Morgan Lewis on

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

Submission of Supplemental Evidence in an IPR May Be Submitted After the Due Date - International Business Machines Corp. v....

by McDermott Will & Emery on

Addressing the circumstances for submitting supplemental evidence in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) allowed the petitioner to submit a responsive declaration after the due date...more

Australia: Dallas Buyers Club LLC obtains customer identities from ISPs in landmark piracy ruling

by DLA Piper on

On Tuesday 7 April 2015, a single Federal Court Judge ordered six internet service providers (ISPs) to hand over the names and identities corresponding to approximately 4,700 unique IP addresses, which have allegedly...more

No Early Peek of Cross-Examination Documents - TD Ameritrade Holding Corp. v. Trading Techs. Int’l, Inc.

by McDermott Will & Emery on

Addressing patent owner’s challenge to the accuracy of the translation of a foreign language reference that was relied upon in a petition for covered business method (CBM) review, the U.S. Patent and Trademark Office’s...more

ITC Section 337 Update - February 2015

by King & Spalding on

Oral Argument Fails To Shed Light On The Outcome Of Anticipated En Banc Federal Circuit Decision In Suprema – On February 8, oral argument was held before the en banc Federal Circuit in Suprema v. Int’l Trade Comm’n, Case No....more

Requests for Additional Discovery Governed by Garmin Factors

by McDermott Will & Emery on

Seoul Semiconductor Co., Ltd., et al. v. Enplas Corp. - Addressing the issue of whether a patent owner’s motion for additional discovery was justified based on a newly-filed exhibit, the Patent Trial and Appeal Board...more

IP Newsflash - December 2014

Federal Circuit Vacates Lower Court’s Obviousness Finding Based on Incorrect Application of Inherency Doctrine - In Par Pharmaceutical, the Federal Circuit vacated an obviousness ruling by the district court, finding...more

Federal Circuit Weighs in on Stay in View of Covered Business Method Review

The first few decisions from the Federal Circuit are starting to trickle in and are sure to bring more upheaval to Patent Office post-grant procedures. In Versata Software, Inc., et al. v. Callidus Software, Inc., the Court...more

A Successful Motion for Additional Discovery in an Inter Partes Review

Countless parties to inter partes review can tell you how to lose a Motion for Additional Discovery. This is especially so for discovery motions seeking evidence to prove privity between the Petitioner and a third party in an...more

Confidentiality & Sealing Orders in Software Disputes

by Field Law on

Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a...more

Two Tips for Inventors Filing Patent Applications

by Fenwick & West LLP on

The intense patent activity in graphene stems from its enormous technological and commercial potential. But because much of the territory underlying the graphene cross-roads has already been claimed, patenting graphene poses...more

Cloud Computing Is a Hot Topic… in Business and the Courtroom

Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This article surveys some of the...more

BYOD: Policy Considerations for Employers in the Age of Personal Devices

by Snell & Wilmer on

Employees who use personal smart phones, PDAs, tablets, laptops and other electronic devices to connect to the employer’s computer network are fast becoming more of a rule than an exception. Today’s employees are often...more

Sipping From the Fire Hose: Techniques for Managing E-Discovery and Evidence in Litigation

by Cogent Legal on

On Tuesday, October 1, 2013 at noon Pacific Time, I will present a webinar for SFTLA entitled “Sipping From the Fire Hose: Techniques for Managing E-Discovery and Evidence in Litigation.” If you are reading this post before...more

Animating the Hypothetical Negotiation of a Reasonable Royalty in Patent Litigation

by Cogent Legal on

Good litigation graphics convey a message quickly and clearly. The example animation in today’s post supports an argument that plaintiff’s claim for a “reasonable royalty” in a patent case was unreasonable because the claim...more

Weekly eDiscovery Top Story Digest - September 4, 2013

by Rob Robinson on

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

California Federal Court Awards Millions for Predictive Coding Costs in Document Review

by Ballard Spahr LLP on

A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to...more

Safeguards against Data Security Breaches (Part Two)

by Fenwick & West LLP on

Are you looking to guard your company's “secret sauce?” Fenwick’s Robert Brownstone says companies should safeguard their data by limiting the number of employees with access to certain confidential information. Following up...more

Computer-Assisted Review Costs Awarded in California Patent Case

by Morgan Lewis on

Court finds that using technology to undertake more efficient document review is reasonable. On February 1, Judge Anthony J. Battaglia of the U.S. District Court for the Southern District of California awarded more...more

Unfiltered Orange | Weekly eDiscovery News Update – The Second Half of 2012 in Review

by Rob Robinson on

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Update provides readers with a trusted compilation of key...more

What Does A Child Pornography Case Tell You About Computer Evidence?

by Christopher Hopkins on

What Does a Child Pornography Case Tell You About Computer Evidence? was published in the November 2012 Palm Beach Bar Bulletin and discusses the recent United States v. Seiver case as well as the simple steps for lawyers,...more

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