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

by Schwabe, Williamson & Wyatt PC
Contact

Schwabe, Williamson & Wyatt PC

Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple, the panel finds prosecution disclaimer in a preliminary response by Aylus to Apple’s IPR petition. In a factually interesting case, the Circuit affirms a $2.5 million attorney fee award in a case where Nova unsuccessfully filed an action alleging that in a prior infringement action, Dow committed fraud on the court.

In a first case involving Affinity Labs, the estoppel provision of section 317(b) is found not to require dismissal of an inter partes reexamination because the dismissal of Apple’s district court case was without prejudice. A second Affinity Labs case proceeded to trial, where VW lost as to its challenge to the validity of Affinity’s patent claims. This required dismissal of the pending inter partes reexam under section 317(b) only as to those claims that went to trial and not all of the claims of the patent. In Cisco v. Cirrex, the Circuit finds all of the challenged claims invalid for lack of written description support‎. In AT&T, the Circuit determines that it was appropriate for the Board to maintain an inter partes reexamination despite the reexamination requester filing ‎a petition asking the PTO to deny its reexamination request.

Thanks to my colleague Steve Blair for his help with this week’s report.

Pete 

Aylus Networks, Inc. v. Apple, Inc., Fed. Cir. Case 2016-1599 (May 11, 2017)

Aylus claimed that Apple’s AirPlay system, which allows users to stream video and music between devices, infringed its patent. The panel affirms summary judgement that Apple’s system does not infringe based upon a prosecution disclaimer by Aylus in its response to Apple’s petitions for IPR.

Apple filed two separate petitions for IPR, and the Board instituted as to some but not all of the challenged claims. Following institution, Aylus filed a notice of voluntary dismissal in the district court, dismissing with prejudice its infringement contentions as to all of the asserted claims except claims 2 and 21, two of the claims that were denied institution in the IPR. Apple filed a motion for summary judgment of noninfringement as to these claims, which was granted based on the district court’s construction of a limitation found in each of the two claims. In construing the critical limitations the district court relied on statements made by Aylus in its preliminary responses to Apple’s petitions for IPR, finding the statements “akin to prosecution disclaimer.” On appeal, Aylus argued that statements made during an IPR cannot be relied on to support a finding of prosecution disclaimer. Alternatively, Aylus argued that its statements did not constitute a clear and unmistakable disclaimer of claim scope.

The panel rejects both arguments, noting first that for prosecution disclaimer to attach, Circuit precedent requires that the alleged disavowing actions or statements made during prosecution be both clear and unmistakable. Such a disclaimer was present here.

According to the panel, the doctrine is rooted in the understanding that “competitors are entitled to rely on those representations when determining a course of lawful conduct, such as launching a new product or designing-around a patented invention.” Ultimately, the doctrine of prosecution disclaimer ensures that claims are not “construed one way in order to obtain their allowance and in a different way against accused infringers.” While normally found in pre-issuance prosecution, the doctrine has been applied by the Circuit in reissue and reexamination proceedings. It follows that we should apply the doctrine in IPR proceedings as well. This will ensure that claims are not argued one way in order to maintain their patentability, and in a different way against accused infringers.

Aylus argues that statements made during an IPR proceeding are unlike those made during a reissue or reexamination proceeding because an IPR proceeding is an adjudicative proceeding as opposed to an administrative proceeding. This argument is belied by the Supreme Court’s recent decision in Cuozzo, where the Court recognized that, in some significant respects, inter partes review is less like a judicial proceeding and more like a specialized agency proceeding. As such, it follows that statements made by a patent owner during an IPR proceeding can be considered during claim construction and relied upon to support a finding of prosecution disclaimer.

The panel also rejects the Aylus argument that its statements were not part of an IPR proceeding because they were made in a preliminary response before the Board issued its institution decision. Regardless of when the statements are made during the proceeding, the panel holds that the public is entitled to rely on those representations when determining a course of lawful conduct, such as launching a new product or designing-around a patented invention. In its response, Aylus told the PTO that there were a number of substantial differences between the challenged claims and the asserted references. Third parties such as Apple should be allowed to rely on these responses when attempting to design around a patent.

Read the full opinion

Nova Chemicals Corp (Canada) v. Dow Chemical, Fed. Cir. Case 2016-1576 (May 11, 2017)

The Circuit affirms a $2.5 million attorney fee award against Nova, holding that the district court did not abuse its discretion in finding the case exceptional because of Nova’s filing of a lawsuit alleging that Dow defrauded the court in a prior case.

In 2005, Dow filed an infringement action in which it was successful in recovering over $61 million in damages from Nova (“the 2010 judgment”). During a supplemental-damages phase of the infringement action, Nova became aware of evidence allegedly showing that Dow had committed fraud on the court in the course of obtaining the 2010 judgment. By then, however, Nova was time-barred from filing a motion under Rule 60(b)(3) to set aside that judgment for fraud or misrepresentation. Accordingly, Nova filed a separate action in equity against Dow (“the equity action”) for relief from the 2010 judgment. Nova alleged two frauds on the court: First, that Dow had misrepresented its ownership of the asserted patents. Nova based this allegation on the testimony of a former Dow tax department employee in an unrelated Louisiana tax case (“the Louisiana action”). Second, Nova alleged that Dow’s counsel knew of a “scheme to mislead the jury” with respect to infringement contending that Dow’s expert had provided conflicting testimony about the accused product during a separate litigation in Canada (the “Canadian action”).

The district court granted Dow’s motion to dismiss the equity action, holding that “there was fundamentally no adequate allegation of the grave miscarriage of justice that is required under the extraordinary circumstances” for setting aside a prior judgment based on fraud. The court noted that the expert’s testimony in the Louisiana action was “immaterial and irrelevant” to Dow’s standing because the terms of the relevant patent transfer agreement were clear on their face. With respect to noninfringement, the district court held that Nova had merely identified arguably inconsistent statements by the expert that neither “plausibly alleged perjury” nor reached any fact that had been in material dispute at trial in the infringement action. Dow subsequently moved in the district court for sanctions, attorney fees, and costs. The court granted Dow’s motion under § 285 and awarded $2.5 million based on the weakness of Nova’s litigating position and the manner in which Nova pursued this case.

Nova argued that the district court committed legal error, and thus abused its discretion, by improperly viewing Nova’s pursuit of the equity action to be an “extreme tactic.” The panel agrees with Nova to the extent that the filing of an action to set aside a prior judgment, without more, does not render a case exceptional per se. Therefore, despite the extraordinary nature of relief that Nova sought, the district court erred to the extent it based its exceptional-case determination on Nova’s filing of the equity action itself.

But, according to the panel, the district court did not base its analysis solely, or even primarily, on the fact that Nova filed an equity action. Rather, it expressly relied on alternative grounds, holding the case to be “exceptional, both in the substantive strength of Nova’s litigating position and in the manner in which the case was litigated.” At a minimum, the court did not abuse its discretion in concluding that the case was exceptional due to the substantive strength of Nova’s litigating position.

Nova’s allegations of fraud in this case mainly rested on purportedly conflicting testimony from the Louisiana action and the Canadian action. But, as explained by the district court, the arguable inconsistencies in those other actions, even if proven, were immaterial to the 2010 judgment because the relevant patent transfer agreement unambiguously supported Dow’s standing. The panel holds that Nova’s allegations of fraud regarding the infringement determination are just as baseless, if not more so, given that the expert’s testimony in the Canadian action was not necessarily inconsistent with his prior infringement testimony and, in any event, did not directly relate to the limitation that had been the focus of the parties’ underlying infringement dispute. The panel holds therefore that the district court did not abuse its discretion in holding that Nova’s litigating position was objectively baseless, and therefore upholds the award of attorney fees.

Read the full opinion

In Re: Affinity Labs of Texas, LLC, Fed. Cir. Case 2016-1173 (May 5, 2017)

The Circuit affirms the invalidity of all of the challenged claims in an appeal of an inter partes reexamination. But before getting to this ultimate issue, the panel evaluates a determination by the Board that the estoppel provision of section 317(b) did not require dismissal of the reexamination. That section requires that the PTO dismiss pre-AIA reexaminations after the party who requested the reexamination receives a final decision against it. Affinity had sued Apple, which petitioned for inter partes reexamination. The parties settled, with Apple’s invalidity counterclaims being dismissed without prejudice. The Board ruled and the Circuit affirms that the dismissal without prejudice does not meet section 317(b)’s required condition for terminating the reexamination. 

When Congress enacted the AIA, it specified that the pre-AIA provisions of the inter partes reexamination statute were to remain applicable to inter partes reexaminations. Therefore, while inter partes reviews are governed by the AIA, inter partes reexaminations are not. Here, the dismissal without prejudice of Apple’s invalidity counterclaims does not reflect a final decision that Apple "failed to sustain the burden of proving the asserted claims’ invalidity." Nor does the dismissal without prejudice prevent Apple from again challenging the validity of the patent in subsequent litigation. The estoppel provision of pre-AIA section 317(b) therefore does not serve as a bar to the inter partes reexamination of the patent.

The patent at issue relates to an audio download method in which content, such as a music file, is made available for download to different devices such as an MP3 player or a computer. The panel reviews the Board’s claim construction under the broadest reasonable interpretation test and concurs with the Board. Since Affinity concedes that with this construction, the challenged claims are unpatentable, the panel affirms the Board’s decision. 

Read the full opinion

In Re: Affinity Labs of Texas, LLC, Fed. Cir. Case 2016-1092, 1172 (May 5, 2017)

The issues were somewhat different in this second case involving an Affinity patent directed to connecting an MP3 player to a car’s sound system. Affinity asserted the patent against Volkswagen and Apple, and the defendants requested inter partes reexaminations. Apple settled prior to trial but VW proceeded to trial and lost, the jury ruling that the patent was both infringed and valid. Affinity moved to dismiss the reexamination, citing section 317(b). Unlike the prior case, the post-trial judgment was with prejudice but the issue before the Circuit was whether the inter partes reexamination should be dismissed as to all claims or only those at issue in the Affinity/VW litigation. 

Independent claims 28 and 35 were found infringed and valid, so claims that depended from those claims were also determined to fall within the estoppel provision of 317(b). However, the panel rules that “the inter partes reexamination statutory scheme consistently reflects a careful, express focus on implementation on a claim-by-claim basis.” In support of its position, the panel references section 311 (requiring a reexam requester to apply the prior art to every claim for which reexamination is requested) and section 315 (prohibiting a challenge to a patent claim which is determined to be valid). 

As noted in the above Affinity case, Apple settled with Affinity as to its counterclaim for invalidity without prejudice, so Affinity’s motion to dismiss as to the claims it challenged is also denied. An individual, Richard King, filed an ex parte reexamination, which was merged into the Apple/Affinity inter partes reexaminations, but because his reexamination was ex parte and not inter partes, section 317(b) is also, by the terms of the statute, inapplicable. 

The panel then proceeds to the Board’s determination of anticipation and obviousness and holds that substantial evidence supports the decisions as to all of the challenged claims.

Read the full opinion

Cisco Systems, Inc. v. Cirrex Systems, LLC, Fed. Cir. Case 2016-1143, 1144 (May 10, 2017)

Cisco’s IPR of Cirrex’s patent resulted in some of the claims being found patentable but a number of the claims being held invalid for lack of written description support. Both parties appealed and the Circuit affirms in part and reverses in part, revising the construction of some of the claims but finding all of the challenged claims invalid under section 112.

The Cirrex patent is directed to fiber optic communication signals. The parties separated the claims into three different groups: the equalization claims, the discrete attenuation claims, and the diverting element claims. All three groups contain claims that depend from claim 1, reproduced below:

1. A cross-connect waveguide system comprising: 

a planar lightguide circuit having one or more optical paths; 

a plurality of optical waveguides coupled to said planar lightguide circuit;

a plurality of filtering devices for feeding light energy into said optical paths of said planar lightguide circuit or receiving light energy from said optical paths of said planar lightguide circuit; and 

a diverting element for feeding first light energy at a predetermined wavelength having first information content away from said planar lightguide circuit, and for feeding second light energy at said predetermined wavelength having second information content into said planar lightguide circuit, wherein said diverting element is remotely configurable and is controlled with optically encoded information.

The Circuit’s 2010 en banc Ariad v. Lilly case states that the written description requirement provides that a patentee must clearly allow persons of ordinary skill in the art to recognize that he invented what is claimed. The level of detail required to satisfy the written description requirement varies depending on the nature and scope of the claims and on the complexity and predictability of the relevant technology. The panel agrees with Cisco that the claims are directed to subject matter that is indisputably missing from the specification, i.e., the claims “cover a mechanism for acting on individual channels of light within the planar lightguide circuit ('PLC') to discretely attenuate one of several channels” or “a mechanism for acting on individual channels of light within the PLC to make their several intensities equal.” The specification does not meet the quid pro quo required by the written description requirement for the disputed claims because demultiplexing light to manipulate separately the intensities of individual wavelengths of light while the light is still inside the PLC is a technically difficult solution that the specification does not solve, let alone contemplate or suggest as a goal or desired result. Under the correct claim construction for the equalization and discrete attenuation claims, there is no substantial evidence in the record to support the Board’s finding that the pertinent claims have sufficient written description support. 

Substantial evidence supports the Board’s finding of lack of written description support for the diverting element claims. Because the panel affirms the Board’s finding of lack of written description support, it does not reach the Board’s alternate grounds for unpatentability of the diverting element claims.

Read the full opinion

In Re AT&T Intellectual Property II, LLC, Fed. Cir. Case 2016-1830 (May 10, 2017)

In AT&T, the Circuit determines that the Board did not exceed its statutory authority when instituting an ‎inter partes reexamination despite the reexamination requester later filing ‎a petition requesting that the PTO deny its reexamination request, and affirms the Board’s finding of anticipation.‎

AT&T’s patent is directed to digital video data compression. LG petitioned for IPR based on a Yang patent but then determined that Yang did not support its anticipation contention, and filed ‎a petition requesting that the PTO deny its reexamination request. However, it did not ‎withdraw from the reexamination nor did it withdraw its reexamination ‎request. Subsequently, the PTO granted reexamination and both AT&T and LG sought reconsideration, urging withdrawal based on ‎deficiencies in Yang. The PTO denied the reconsideration request, stating that the examiner is ‎required to make a “thorough study of the patent…and investigation of the available prior art…upon a ‎reexamination proceeding” and the reexamination continued. LG subsequently withdrew from the ‎proceedings.

The Circuit holds that because there was a reexamination request and a requester (LG), ‎and that the Board found “a substantial new question of patentability affecting any claim of the patent ‎raised by the request,” the Board acted within its statutory authority by instituting reexamination.‎

As a result of the reexamination, the Board found that the AT&T patent was anticipated by a patent to Krause, which discloses the claim element “mapping a square block of transform coefficients into a one-‎dimensional list.” AT&T contends that Krause’s disclosure of ‎‎“dividing a block of coefficients into regions” and its assertion that “vector coding an entire block at ‎once is difficult” limits the scope of the Krause reference. The Board disagreed and found that Krause ‎generally discloses vector coding of an entire pixel block, that the reference to dividing the block into ‎regions was only a preferred embodiment that did not limit the full disclosure. The ‎Circuit holds that the Board’s finding of anticipation is supported by substantial evidence.‎

Read the full opinion

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Schwabe, Williamson & Wyatt PC | Attorney Advertising

Written by:

Schwabe, Williamson & Wyatt PC
Contact
more
less

Schwabe, Williamson & Wyatt PC on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.