News & Analysis as of

Science, Computers & Technology Civil Procedure

Read Science, Computers & Technology updates, news, alerts, and legal analysis from leading lawyers and law firms:

Allergan Sales, LLC v. Sandoz. Inc.

by Robins Kaplan LLP on

Case Name: Allergan Sales, LLC v. Sandoz. Inc., Nos. 2017-1499, 2017-1500, 2017-1558, 2017-1559, 2017 U.S. App. LEXIS 26312 (Fed. Cir. Dec. 22, 2017) (Circuit Judges Moore, Mayer, and Hughes presiding; Opinion by Hughes, J.)...more

Employers Can Be Vicariously Liable For Employee Data Breaches

by Jackson Lewis P.C. on

The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee (Various Claimants v. WM Morrisons Supermarket [2017] EWHC3113...more

Federal Circuit Expanding Patent Eligibility Analysis in Finjan v. Blue Coat Systems, Inc. (Part 1)

The Court of Appeals of the Federal Circuit (CAFC) starts the new year off with a victory for patentees in the subject matter eligibility arena. In Finjan v. Blue Coat Systems, Inc. (case no. 2016-2520; January 2018), the...more

Blog: Throwing Shade At Sunbeam: Following Lubrizol And Not The Seventh Circuit, The First Circuit Leaves Another Trademark...

by Cooley LLP on

The Tempnology Trademark Saga. When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. The Original. It all started in November 2015....more

CD Cal Stays Dismissal of Amgen DJ Complaint Pending Delaware Decision on Genentech’s Motion to Transfer in MVASI® litigation

by Goodwin on

As we previously reported, on October 6, 2017, Amgen and Genentech filed separate lawsuits regarding Amgen’s bevacizumab biosimilar (MVASI®), with Amgen filing for declaratory judgment in C.D. Cal. of non-infringement,...more

Obviousness-Type Double Patenting Dangers in the U.S.

The Federal Circuit’s decision in Gilead Sciences, Inc. v. Natco Pharma Ltd. introduced even more confusion in an already confusing area of the law – namely obviousness-type double patenting. Obviousness-type double patenting...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In the sole precedential patent case decided this week, Flexuspine v. Globus, the Circuit affirms rulings of the district court relating to verdict forms where the verdict form included a “stop” instruction in the event the...more

Understanding eDiscovery in Criminal Cases, Part Four: eDiscovery Best Practices

by CloudNine on

...88 percent of the US population uses the Internet every day and 91 percent of adults use social media regularly. (See Social Media Evidence in Criminal Proceedings: An Uncertain Frontier from Georgetown Law here). So, it...more

Applying the “Arising Out of or Relating to” Personal Jurisdiction Test

by Reed Smith on

Our careers have seen several major pro-defense trends in product liability litigation: Mainstreaming summary judgment: This happened when we were still young lawyers. A trilogy of United States Supreme Court cases...more

Claims Against Sanofi for Improper Orange Book Listings and Sham Litigation Dismissed

On January 10, 2018, in In re Lantus Direct Purchaser Antitrust Litig., the District Court for the District of Massachusetts dismissed the antitrust case against Sanofi-Aventis U.S. LLC (“Sanofi”), the manufacturer of Lantus...more

Judge Andrews Issues Markman Ruling In Infringement Action Construing Eight (8) Disputed Terms In Patents-In-Suit

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Acceleration Bay LLC v. Activision Blizzard, Inc., Civil Action No. 16-453-RGA (D.Del. January 17, 2018) (consolidated), the Court rendered its Markman...more

Illinois Appellate Court Employs Spokeo-type Reasoning to Hold Biometric Data Class Action Should be Dismissed for Lack of Actual...

The desire to avoid Spokeo’s standing requirements constitutes yet another reason for class action plaintiff’s counsel to seek to litigate in state courts, as state courts may not require a Spokeo injury-in-fact test to...more

Understanding eDiscovery in Criminal Cases, Part Three: eDiscovery Best Practices

by CloudNine on

...The government will usually get its ESI by consent or warrant. Typically, when the federal government seeks data in criminal cases (and most states have a similar procedure), it requests a search and seizure warrant by...more

Prosecution History Informs Claim Meaning Even Without Unmistakable Disclaimer

by Foley & Lardner LLP on

Although non-precedential, the Federal Circuit decision in Aptalis Pharmatech, Inc. v. Apotex Inc. is worth a read to see how the court “tiptoes” the “fine line between reading a claim in light of the specification, and...more

Dental Device Class Action Comes Back To Bite Plaintiffs

by Reed Smith on

You don’t see class actions going to trial very often, but that is what happened in Patricia A. Murray Dental Corp. v. Dentsply International, Inc., and the defendant device manufacturer came away with a defense verdict that...more

PTAB Strategies and Insights - January 2018

The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both...more

Medicare 340B Drug Payment Policy Survives Legal Challenge; Hospitals Say, It's Not Over

by Baker Ober Health Law on

A federal court has handed CMS an initial legal victory enabling drastic cuts in Medicare Part B payment to take effect for separately payable drugs and biologicals purchased by hospitals under the 340B Drug Discount Program...more

No Jurisdiction in Aviation Dispute Based on Online Manuals and Services Program

by Lane Powell PC on

In the modern economy, courts must grapple increasingly with questions about whether an out-of-state company’s online presence and programs subject it to potential jurisdiction in states throughout the country. This risk is...more

PTAB Designates Informative Decisions on Timeliness of IPR Petitions

by Knobbe Martens on

In wake of the Federal Circuit’s Wi-Fi One decision, the PTAB has designated two of its decisions as informative on the issue of IPR petition timeliness under § 315(b). This statute provides that an IPR may not be instituted...more

TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action

In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for...more

Appellate Court Limits Who May Sue Under Biometric Information Privacy Act

by Jones Day on

As noted in a prior Commentary, plaintiffs continue to bring a flood of lawsuits under Illinois' Biometric Information Privacy Act ("BIPA") against companies that collect, use, or store biometric identifiers. Many of these...more

Courts Can Review the PTAB’s Time-Bar Determination of IPR Institution

In Wi-Fi One, LLC v. Broadcom Corp., No. 2015-1944 (Fed. Cir. Jan. 8, 2018), the Federal Circuit, en banc, held that the Patent Trial and Appeal Board (PTAB)’s time-bar determination under § 315(b) is reviewable. The Court...more

D.C. Circuit Finds Dissemination, but Not Mere Existence, of Inaccurate Information in Government Database Satisfies Article III...

by Reed Smith on

“[I]f inaccurate information falls into a government database, does it make a sound?” Partly affirming summary judgment for the defendant in Owner-Operator Indep. Drivers Ass’n, v. DOT, No. 16-5355 (D.C. Cir. Jan. 12, 2018),...more

Advanced Video Technologies LLC v. HTC Corp. (Fed. Cir. 2018)

One of the most important (if not the most important) inquiries in performing due diligence involving acquisition of a patent portfolio is ensuring that the entity asserting ownership of the patents actually has proper title...more

Six Flags Survives Biometric Law Roller Coaster Courtesy of Appellate Court

Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more

7,548 Results
|
View per page
Page: of 302
Cybersecurity

Follow Science, Computers & Technology 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.