News & Analysis as of

Hewlett-Packard

Avoiding Early § 101 Dismissal with Factual Disputes

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank in 2014, there has been an increasing trend in district courts granting pretrial dispositive motions to effect early dismissal of patent infringement cases under...more

Delaware Court Of Chancery Applies Dell And DFC To Find "Fair Value" Of Widely Traded Company With No Controlling Stockholder Is...

by Shearman & Sterling LLP on

On January 26, 2018, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ruled in a post-trial opinion that the thirty-day average unaffected market price was the best evidence of the fair value of Aruba...more

Delaware Court of Chancery Concludes that Company’s Unaffected Market Price Is the Best Evidence of Fair Value for Appraisal...

by Ropes & Gray LLP on

Hewlett-Packard Company acquired Aruba Networks, Inc. for $24.67 per share in 2015. In Verition Partners Master Fund Ltd. v. Aruba Networks, Inc., an appraisal proceeding filed in connection with the transaction, the Delaware...more

Pair of Federal Circuit Decisions May Impact Early Section 101 Challenges in Patent Litigation

In the span of a week, the Court of Appeals for the Federal Circuit vacated two district court rulings of patent invalidity under 35 U.S.C § 101. The first decision, Berkheimer v. HP Inc., vacated-in-part a grant of summary...more

Federal Circuit requires more evidence before invalidating as ineligible

by Dentons on

In Berkheimer v. HP Inc., the US Court of Appeals for the Federal Circuit affirmed in part and vacated in part a district court's grant of summary judgment of patent ineligibility under 35 U.S.C. § 1011. The Federal Circuit...more

Ninth Circuit Says Ethics Policies Are “Inherently Aspirational,” and Violations Don’t Support Securities Fraud Claims, in Retail...

A senior officer’s violations of a corporation’s code of conduct do not give rise to a claim for violation of the federal securities laws—even where the corporation (including the officer himself) has touted the company’s...more

Ninth Circuit Holds that Alleged Violations of Aspirational Corporate Conduct Standards Are Insufficient to State a Claim for...

In Retail Wholesale & Department Store Union Local 338 Retirement Fund v. Hewlett-Packard Co., 2017 U.S. App. LEXIS 955 (9th Cir. Jan. 19, 2017), the United States Court of Appeals for the Ninth Circuit addressed for the...more

Ninth Circuit Holds That Securities Class Action Based on Violations of Ethics Code Properly Dismissed

by Benesch on

On January 19, 2017, the Ninth Circuit affirmed the dismissal of a shareholder class action lawsuit alleging securities fraud violations, arising out of Hewlett-Packard’s former CEO’s alleged misrepresentations about HP’s...more

SEC Charges Executive With Fraud in HP Acquisition

by Dorsey & Whitney LLP on

The SEC filed an action against the CEO of a U.S. subsidiary of a U.K firm who implemented a financial fraud at the behest of his superiors. The firm was eventually sold to a U.S. public company at an inflated price based on...more

Manufacturing as a Service

by Benesch on

CONTEXT, a market research firm, projects that the worldwide 3D printer market (including printers, materials, and ancillary services) will grow to $17.8 billion over the next five years. One reason for the rapid expansion...more

Entitled to Narrow Claim Construction

In Ruckus Wireless, Inc. v. Innovative Wireless Solutions, LLC, [2015-1425, 2015-1438] (May 31, 2016), the Federal Circuit agreed that the claim term “communications path” did not include wireless communications paths, in...more

Expiring Patents; HP’s Machine; Beachwood, Ohio’s MakerGear

by Benesch on

Here is a bulletin providing further validation that the cost of 3D printing will decline. 3D printing’s key patents are expiring or soon will expire. These include patents for liquid-based, powder-based, and...more

Federal Circuit Review | May 2016

by Knobbe Martens on

Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous - In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s...more

Your daily dose of financial news The Brief – 5.25.16

by Robins Kaplan LLP on

It’s a week of big fat NOs so far, with Tribune emphatically turning down Gannett yesterday and Monsanto doing the same to Bayer and its massive all-cash $62 billion offer...more

Late Request for Further Briefing to Supplement IPR Petition Not Allowed - Hewlett-Packard Co. v. U.S. Philips Corporation

by McDermott Will & Emery on

Addressing the timing and availability of motions or presentation of substantive arguments in the context of an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) dismissed the petitioner’s belated...more

California Court Finds Duty to Accommodate Does Not Extend to Off-Site Employees Who Fail to Engage in Interactive Process

In this era of rapidly evolving technology, information technology (IT) providers frequently staff their employees at locations where their products are being used. IT providers supply their skilled talent to businesses in...more

Are We Witnessing A Pushback By Courts To Anti-SLAPP Motions?

by LeClairRyan on

As we approach the fifth anniversary of the date the DC anti-SLAPP statute became effective, recent decisions have me wondering if we are witnessing increased hostility against anti-SLAPP statutes nationwide?...more

2015: A Year-End Review of Litigation Using California’s Anti-SLAPP Statute

Annually, California’s Courts of Appeal and the Ninth U.S. Circuit Court of Appeals regularly issue several dozen published opinions interpreting California’s anti-SLAPP statute, Civil Procedure Section 425.16 et seq., and...more

2015 IP Law Year In Review

by Knobbe Martens on

Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) - ..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO - ..Inducement requires...more

Federal Circuit Review | January 2016

by Knobbe Martens on

The Federal Circuit Will Review Appeals from Inter Partes Review Proceedings Under the “Substantial Evidence” Standard - In Merck & Cie v. Gnosis S.p.A., Appeal No. 2014-1779, the Federal Circuit affirmed a PTAB IPR...more

Post-Grant PTAB Procedures Are Constitutional - MCM Portfolio LLC v. Hewlett-Packard Co.

by McDermott Will & Emery on

In a case of first impression, the U.S. Court of Appeals for the Federal Circuit upheld the constitutionality of inter partes review (IPR) proceedings. The Federal Circuit ruled that because patents were a public right,...more

Thinking in 3D: Special Report: 2016 Consumer Electronics Show (“CES”)

by Benesch on

Benesch’s Mark Avsec attended this year’s CES show in Las Vegas, where additive manufacturing took center stage. In 2015, 3D printing stories each seemed to possess a similar headline: “Here is the first 3D-printed...more

Federal Circuit Confirms Constitutionality of IPR Proceedings

by Foley & Lardner LLP on

On December 3, 2015, in MCM Portfolio LLC v. Hewlett-Packard Co., a panel of the Federal Circuit unanimously upheld the constitutionality of IPR proceedings, finding that delegation of patent invalidity determinations to a...more

Review of 2015 Federal Circuit Decisions Addressing IPR Claim Construction and Procedural Issues

2015 was a busy year for post-grant review appeals at the Federal Circuit and produced notable opinions in the areas of claim construction, IPR procedural issues, and the constitutionality of IPRs in general. In 2015, the...more

Intellectual Property Law - December 2015

Down the Rabbit Hole: Trends in Software Patent Court Decisions Post-Alice - Why it matters: In Alice Corp. v. CLS Bank, the U.S. Supreme Court held that claims for a computer-based software method for reducing...more

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