News & Analysis as of

Intellectual Property Litigation

Food & Beverage Litigation Update | March 2018 #2

US, EU Near Agreement on Shellfish Trade - The U.S. Food and Drug Administration (FDA) has proposed to allow the import of raw bivalve molluscan shellfish—including clams, mussels, oysters and scallops—harvested in the...more

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

by Seyfarth Shaw LLP on

Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Texas Litigation Since the Plunge in Oil Prices

by Winstead PC on

Texas attorneys have discussed a rise in litigation since the decline in oil prices that begun in 2014. However, many of the discussions have centered on anecdotal references to increases in certain types of litigation...more

On Your Mark, Get Ready, Pause — Ready for a 100-Day ITC Proceeding?

by McGuireWoods LLP on

Often, by the time a company decides to turn to the U.S. International Trade Commission (ITC) for relief from infringing competitors under Section 337, there is a rush to prepare and submit a complaint that complies with the...more

Defining Trade Secrets: Texas Supreme Court May Soon Decide How Particular Trade Secrets Owners Must Be In Court

In every trade secrets case, the plaintiff faces the same fundamental dilemma: In order to enforce their rights in court, they must identify (at least to some degree) the trade secrets at issue. ...more

$500,000 Given to Jam Manufacturer in Trade Secret Recipe Violation - Using Trade Secrets in the Accelerating World of...

by Vedder Price on

The Accelerating Rate of Commerce - Classical intellectual property protection, such as trademarks, copyrights and patents often require the filing of costly applications with government offices, long delays of review and...more

Robert Milligan On The Inaugural Steering Committee Of The Sedona Conference’s New Working Group 12 On Trade Secrets

by Seyfarth Shaw LLP on

To develop consensus and non-partisan principles for best practices in managing trade secret litigation and well-vetted recommendations for consideration in protecting trade secrets, recognizing that every organization, both...more

Paris as an international jurisdiction: creation of chambers specialized in cross-border disputes

by White & Case LLP on

On 7 February 2018, in the presence of the French Minister of Justice, agreement protocols were signed by the Court of Appeal, the Commercial Court and the Paris Bar which provide for the creation of a specialist Chamber (or...more

Automation Of Our Auto Nation: New Tech Requires A New Look At Trade Secret Laws

Self-driving cars—once a thing of the future—are now becoming a reality. And, as with any new technology, there is a learning curve. Once consumers are able to test out new products, they adapt, preferences change, and what...more

German Supreme Court remains claimant-friendly on cease and desist orders

by Hogan Lovells on

Another milestone for cease and desist orders has been reached in Germany. The German Federal Supreme Court has clarified in a number of decisions that defendants in cease and desist orders not only have to cease the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Markets proved that last Friday’s 600-point Dow drop wasn’t an isolated incident, as all major US indices were down nearly 4% (at least) in a nasty Monday of trading....more

Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich

by Farrell Fritz, P.C. on

Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to market? If you are a professional athlete, you might break your hand punching a fire extinguisher or picture frame...more

Copyright Infringement And Third Party Software Support

by Weintraub Tobin on

A recent case out of the Ninth Circuit, Oracle USA, Inc. v. Rimini Street, Inc. (July 13, 2017), illustrates some of the risks third party software vendors run concerning copyright issues. Oracle develops and licenses...more

Federal Judge Refuses To Close Courtroom During Trade Secret Trial Between Silicon Valley Titans

by Ballard Spahr LLP on

In a closely watched trial in which Waymo LLC—a subsidiary of Google’s parent company, Alphabet—has sued Uber for theft of trade secrets, a California federal judge has denied Waymo's motion to close the courtroom to the...more

Top 10 Highlights of Canadian IP Law and Practice in 2017

by Smart & Biggar on

2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Making a Federal Case Out of It: What Does the DTSA’s “Interstate Commerce” Limitation Mean?

We’ve blogged a lot about the Defend Trade Secrets Act in the roughly year-and-a-half period since the law was enacted. Our coverage has run the gamut: from the first jury verdict under the DTSA, to the U.S. Patent and...more

Worse Than A Toothache: Dental Executive Alleged To Have Misappropriated Proprietary Business Leads

Earlier this month, a Nashville, Tennessee company filed a federal lawsuit against its former employee alleging trade secrets misappropriation under the Defend Trade Secrets Act, among other claims. ...more

Practice Pointer: Contacting the Court

For general inquiries, contact the clerk’s office at The clerk’s office is in Room 401 of the Federal Circuit building, and is open from 8:30 a.m. to 4:30 p.m. on workdays. After the office closes...more

University Waives Eleventh Amendment Sovereign Immunity By Enforcing Patent Rights

by Orrick - IP Landscape on

The Regents of the University of Minnesota (“Patent Owner”) sued Ericsson Inc. and Telfonaktiebolaget LM Ericsson (collectively, the “Petitioners”) in district court for patent infringement. When the Petitioners sought inter...more

“[L]ess-than-vigorous effort” Not Sufficient to Avoid Order Granting Attorneys’ Fees

by Orrick - IP Landscape on

Order Granting Defendant’s Motion for Attorneys’ Fees, Opal Run LLC, v. C&A Marketing, Inc., E.D. Tex. (November 29, 2017) (Magistrate Judge Roy S. Payne) - By now, courts have made clear that patent owners thinking about...more

Protection of common elements in trade dress – comparison of practices in China and US

by Hogan Lovells on

In China, trade dress protection provides exclusive rights over a certain product get-up that acts as an indicator of origin. In order to qualify for protection, a trade dress must have a unique quality, rather than being...more

Choosing the Ideal Venue for IP Disputes: Recent Developments in Federal Case Law

by Burns & Levinson LLP on

The venue of a lawsuit can be a crucial, even dispositive, decision in managing the strategy of a successful outcome in an IP dispute. Defending a lawsuit on your home turf is often easier than in a distant state – defendants...more

Pushing The Envelope: Eight Circuit Seals The Fate Of Envelope Company’s Trade Secret Claims

On December 8, 2017, the Eighth Circuit rejected trade secrets and other claims related to allegedly stolen customer lists. Applying Missouri state law, the federal appellate court continued the Show-Me State’s tradition of...more

Federal Court Rules Against Calzone Franchisor In Meaty Lawsuit Against Former Franchisee

by Seyfarth Shaw LLP on

In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more

Litigation Funders’ Collateral Did Not Include Malpractice Claims

When the fallout from failed intellectual-property litigation collides with bankruptcy, the complexities may be dizzying enough, but when the emerging practices and imperatives of litigation financing are imposed on those...more

262 Results
View per page
Page: of 11

"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.