News & Analysis as of

Civil Remedies Science, Computers & Technology

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

Innovator Liability – A Word to the Wise

by Reed Smith on

A lot of us attended the annual ACI Drug & Medical Device Litigation Conference in New York City last week. One of the messages sent loud and clear from the initial client round table panel is that our clients don’t like...more

Trebled Damages Means No Injunction for Knock-Off Software

by McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more

Third Circuit’s Spokeo Decision Applied by Alabama District Court

The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA)...more

Genentech Moves To Dismiss Amgen’s California Bevacizumab DJ Action

by Goodwin on

We previously reported on Amgen’s complaint in the Central District of California seeking a declaratory judgment that 27 Genentech patents are not infringed by Genentech’s bevacizumab biosimilar (Mvasi®). On November 15,...more

All-Or-Nothing Damages Strategy Leads To No Damages Despite Admission Of Patent Infringement

by Orrick - IP Landscape on

Promega Corp. v. Life Technologies Corp., Fed. Cir. (November 13, 2017) - The Federal Circuit affirmed a Wisconsin district court’s decision to overturn the $52 million award a jury awarded to Promega Corporation...more

All-or-Nothing Damages Strategy Leaves Promega with Nothing

The Federal Circuit’s recent decision in Promega Corp. v. Life Technologies Corp. is a cautionary tale that failure to present evidence of damages closely tied to each alternative basis of liability may result in a hollow...more

US Court Shields Google from Canadian Court Order in Search Delisting Dispute

by Dechert LLP on

In Google LLC v. Equustek Solutions Inc.,1 a United States district court enjoined the enforcement of an order by the Supreme Court of Canada that directed Google to remove content from Google search results. The Canadian...more

Global Patent Prosecution Newsletter - November 2017

An Update on Brazilian Patent Law – Emergency Backlog/Fast-Track Options and Enforcement Issues - We are delighted to have as contributors to the November Global Patent Prosecution newsletter, Ricardo Nunes and Andre...more

California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more

Federal Circuit Weighs In On Limiting Effect of Preambles

by White & Case LLP on

The Federal Circuit recently affirmed a district court decision that a claim preamble did not limit the claim scope, determining the defendant's non-infringement position based on the language of the preamble was properly...more

Invalidation Of A Claim In A Closely-Related Patent Dooms Preliminary Injunction

by Orrick - IP Landscape on

In Sebela Int’l Ltd. v. Actavis Labs., FL, Inc., Civil Action Nos. 17-4789-CCC-MF & 17-4964-CCC-MF (D.N.J. Sep. 14, 2017), plaintiffs Sebela International Limited, Sebela Ireland Limited, and Sebela Pharmaceuticals Inc....more

Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website...

The controversial consumer gripe site, RipoffReport.com, is at it again. The First Circuit recently affirmed a lower court’s ruling that RipoffReport.com was entitled to immunity under Section 230 of the Communications...more

Update: Amgen v. Hospira

by Goodwin on

As we previously reported, on September 22, 2017, a Delaware federal jury awarded Amgen $70 million in damages after finding that Hospira infringed one of Amgen’s Epogen® (EPO) patents (the ’298 patent). Five days later,...more

Federal Jury Returns $140 Million Punitive Verdict Against AbbVie In Second AndroGel Trial

As my colleague Andy Frey and I reported in an earlier post, an Illinois federal jury in July returned a $150 million punitive verdict against AbbVie without awarding the plaintiff any compensatory damages. That verdict is...more

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

MDL Direct Filing & Personal Jurisdiction

by Reed Smith on

Bexis gave a talk the other day at the Washington Legal Foundation on personal jurisdiction after last term’s United States Supreme Court decisions in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017)...more

Chief Judge Stark Rejects Motion for Enhanced Damages Award Due to the Public Interest in the Accused Hepatitis C Virus Treatments

Last month, following a jury verdict in federal district court in Delaware awarding Plaintiff Idenix Pharmaceuticals LLC $2.54 billion in damages—“the largest damages verdict ever returned in a patent [infringement]...more

FTC’s Unfairness Claim is Dismissed in Closely Watched Device Data Privacy-Based Action

The January 5, 2017, Complaint filed by the Federal Trade Commission (“FTC”) in the U.S. District Court for the Northern District of California (“Court”) against D-Link Corporation and D-Link Systems, Inc. (Federal Trade...more

Data Scraping, Bots and First Amendment Rights

by Patrick Law Group, LLC on

A recent case involving a small workforce analytics startup fighting for its right to extract data from the largest professional networking site on the Internet may set a precedent for applying constitutional principles to...more

LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the...more

Cloud Computing: A New Target for Uniloc

As Cloud IPQ will continue to demonstrate, a growing but often overlooked trend of NPE patent litigations against cloud computing providers and users has emerged in recent years. While many NPEs target big technology...more

State and Local Governments Move Swiftly to Sue Equifax.

by Ballard Spahr LLP on

The cities of Chicago and San Francisco and the Massachusetts Attorney General have filed the first enforcement actions against Equifax following the announcement of a data breach affecting an estimated 143 million consumers....more

Subpoenas on Customers Blocked in MRI Patent Case

In a recent multi-district case involving patent infringement allegations relating to MRI imaging, Judge Stearns granted motions for protective orders directed to untimely-served subpoenas on third party customers. The case...more

FRANCHISEE 101: Upgrade Your Metal

by Lewitt Hackman on

A federal court in New York denied a franchisee's motion for preliminary injunction that would have prevented its franchisor Metal Supermarkets Franchising America (MSFA) from installing technology upgrades in its stores....more

Hospira Files Motion for JMOL, Challenging Jury’s $70M Damages Award

by Goodwin on

As we recently reported, a federal jury awarded Amgen $70 million in damages last week after finding that Hospira’s manufacture of 14 batches of drug substance between 2013 and 2015 was not protected under the safe harbor...more

1,353 Results
|
View per page
Page: of 55
Cybersecurity

Follow Civil Remedies Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.