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Intellectual Property Litigation Corporate Misconduct

Benesch

Insulet Corp. May Have to Choose Between $452 Million Jury Award or Permanently Blocking Competitor From Utilizing Its Trade...

Benesch on

After receiving a jury verdict awarding $452 million in damages against a rival company for misappropriation of trade secrets, the prevailing party, Insulet Corp., may have to choose between portions of the damages award or...more

Morrison & Foerster LLP

Supreme Court’s Dewberry Decision: Navigating Profit Recovery in Trademark Infringement Cases

Can a defendant’s affiliates’ profits be considered when awarding the “defendant’s” profits to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, § 1117(a)? In Dewberry Group, Inc. v Dewberry...more

Coblentz Patch Duffy & Bass

Only the Defendant’s Profits Are Recoverable: Supreme Court Vacates Nearly $43 Million Trademark Infringement Award that...

Key Takeaways - A plaintiff prevailing in a trademark infringement suit is often entitled to an award of the “defendant’s profits.” 15 U.S.C. §1117(a)....more

Goodwin

Supreme Court Curtails Disgorgement in Trademark Infringement Case

Goodwin on

On February 26, 2025, the US Supreme Court issued a unanimous decision limiting the scope of an award of the “defendant’s profits” in trademark infringement suits under the Lanham Act, 15 U.S.C. §1117(a), to only those...more

Fenwick & West LLP

SCOTUS Stands by Corporate Separateness, Overturns Nearly $43M Award in Trademark Dispute

Fenwick & West LLP on

The Supreme Court on February 26, 2025, overturned a nearly $43 million award granted in a decades long trademark dispute between two real estate companies. The unanimous ruling emphasized that under the Lanham Act section...more

WilmerHale

Supreme Court Vacates Trademark Infringement Disgorgement Award for Failure to Observe Separateness of Corporate Affiliates

WilmerHale on

On February 26, 2025, the Supreme Court decided Dewberry Group, Inc. v. Dewberry Engineers Inc., No. 23-900, a case concerning corporate separateness and disgorgement awards for Lanham Act trademark infringement....more

Sheppard Mullin Richter & Hampton LLP

Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret...

A recent federal district court ruling serves as an important reminder that a former employee may be held liable for trade secret misappropriation even if the alleged trade secrets are not physically or electronically taken...more

Jenner & Block

Substantial Trade Secret Verdicts Continue with $452 Million Decision Against South Korean Company

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US civil juries have returned a number of substantial trade secret verdicts against defendants over the past decade. In December 2024, a company from South Korea became the most recent defendant on the receiving end of a...more

Proskauer - Trade Secrets

Jury Awards $452 Million After Trade Secrets Trial

On December 3, 2024, a U.S District Court for the District of Massachusetts jury awarded Plaintiff Insulet Corporation $452 million in compensatory and punitive damages after finding Defendants willfully misappropriated...more

McDermott Will & Emery

International Legal Highlights / Spring, 2024

DOJ DOUBLES DOWN ON CORPORATE ENFORCEMENT WITH NEW WHISTLEBLOWER PROGRAM - During the 2024 American Bar Association National Institute on White Collar Crime (the 2024 White Collar Conference) earlier in March US Attorney...more

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