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Intellectual Property Litigation Evidence

Littler

Tenth Circuit Affirms Summary Judgment Due to Plaintiff’s Failure to Sufficiently Establish Existence of Trade Secrets

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The Tenth Circuit’s  recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity and...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: March 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Ward and Smith, P.A.

Understanding Trade Secret Misappropriation: A Guide for In-House Counsel

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This is the second in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025....more

Miller Nash LLP

Disney Prevails in ‘Moana’ Copyright Case: Lessons for Creators

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On March 10, 2025, a federal jury delivered a verdict in favor of Disney in a closely watched copyright infringement lawsuit. In Buck G. Woodall v. The Walt Disney Co., et al., screenwriter and animator Buck Woodall claimed...more

Mintz - Intellectual Property Viewpoints

Trade Secret Owners Need to Find the Facts Instead of Letting the Facts Find Them

Recent case law confirms that trade secret owners should proactively investigate any suspicions of theft, and if they do not, they may be at greater risk of being barred under the statute of limitations than they may expect....more

Akin Gump Strauss Hauer & Feld LLP

District Court: Incorporation by Reference for Purposes of Anticipation Requires More than a Parenthetical

In a series of rulings on a motion in limine, the District of Delaware recently distinguished between what qualifies as being incorporated by reference and what does not for the purposes of an anticipation defense. In short,...more

A&O Shearman

Poster Presentation Tied To Business Objectives Serves As Evidence Of Infringement Of Patented Methods

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On February 12, 2025, the United States District Court for the District of Delaware denied defendant Parse Biosciences’s (“Parse”) motions for summary judgment that: (i) Parse had never actually conducted any direct or...more

EDRM - Electronic Discovery Reference Model

Requesting Parties Are Denied “Input” Into Producing Party OpenAI’s Search Terms

In Tremblay v. OpenAI, Inc., 2025 WL 635335 (N.D. Cal. Feb. 27, 2025), plaintiffs, the requesting parties, sought to have input in determining search terms to be used by defendant, the producing party. Based on “the specter...more

Baker Botts L.L.P.

The Federal Circuit Tackles the Role of Expert Opinions in Patent Damages in EcoFactor Inc. v. Google, LLC

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The Federal Circuit rarely decides cases en banc. For example, in 2024, the Court only heard one en banc case. Stunningly, on September 25, 2024, the Federal Circuit granted Google’s petition for rehearing en banc in the case...more

Dorsey & Whitney LLP

SCOTUS Holds Affiliate Profits Not Available Under One Lanham Act Provision, But Leaves Door Open for Other Theories

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The United States Supreme Court issued a unanimous decision in Dewberry Group, Inc. v. Dewberry Engineers Inc., vacating a nearly $43 million profits award and remanding the case for further consideration. The Court concluded...more

Proskauer - Trade Secrets

District Court Dismisses Trade Secrets Claim Lacking Explicit Expectation of Privacy

On February 20, 2025, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failing to identify explicit language establishing an expectation of privacy to the...more

Knobbe Martens

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

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The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton...more

Snell & Wilmer

Fourth Circuit Holds Additional Evidence Needed to Determine Whether “MOKE” is Generic

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The Fourth Circuit recently vacated and remanded a finding that the term MOKE is generic for certain low-speed, open-air vehicles. This case originated in the Trademark Trial and Appeal Board (“TTAB”) where Moke America LLC...more

Knobbe Martens

Reversal on Reverse Doctrine of Equivalents

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Conflicting expert testimony constituted substantial evidence supporting the jury’s rejection of a reverse doctrine of equivalents argument....more

Irwin IP LLP

Federal Circuit Opts Not to Play its REVERSE [DOE] Card 

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Steuben Foods, Inc. v. Shibuya Hoppmann Corp., No. 23-1790 (Fed. Cir. 2025) - On January 24, 2025, the Federal Circuit considered the “long mentioned but rarely applied” reverse doctrine of equivalents (“RDOE”) defense. ...more

McDermott Will & Emery

[Webinar] Litigating in the Unified Patent Court: Strategies for Success - February 11th, 11:00 am - 12:00 pm EST

Nearly two years in, the Unified Patent Court (UPC) continues to reshape the patent litigation landscape in Europe by providing swift, cross-border resolutions and an innovative approach to patent enforcement and revocation....more

McDermott Will & Emery

What’s Shaking? Not an Interlocutory Appellate Decision on Damages

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The US Court of Appeals for the Fifth Circuit dismissed and remanded a district court certified interlocutory appeal concerning the standard for calculating a reasonable royalty under the Defend Trade Secrets Act (DTSA). The...more

Kilpatrick

5 Key Takeaways | Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal)

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Kilpatrick partners John Alemanni and Justin Krieger recently presented a CLE addressing “Building a Winning Evidentiary Record at the PTAB (and Surviving Appeal).” * The opinions expressed are those of the attorneys and do...more

Akin Gump Strauss Hauer & Feld LLP

District Court: Knowledge of Infringement Cannot be Inferred From Non-Production of Opinion of Counsel Letter

The District of Delaware recently rejected a patentee’s argument that non-production of an opinion letter from counsel, combined with knowledge of the patent, warranted a finding that defendant induced infringement. ...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Federal Circuit Addresses Inventorship and Conversion Claim from Industry Summit

On January 13, in BearBox LLC v. Lancium LLC, the Federal Circuit addressed issues related to inventorship and state law conversion claims that stemmed from exchanges between two individuals, Mr. Storms and Mr. McNamara, at...more

Patterson Belknap Webb & Tyler LLP

There’s an Exception to Every Rule: Judge Schofield Finds a Comparison of the Plaintiff’s Patented System and the Accused System...

In a recently published opinion, Judge Lorna G. Schofield (S.D.N.Y.) found that it was appropriate to compare the accused system to a plaintiff’s commercial system embodying the asserted patent claims, rather than the patent...more

McDermott Will & Emery

Lager Than Life: $56 Million Verdict in Beer Trademark Dispute Still on Tap

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The US Court of Appeals for the Ninth Circuit upheld a $56 million trial verdict in a trademark dispute, finding that the evidence supported the jury’s conclusion that a beer company’s rebranding of one its beers infringed a...more

Vondran Legal

Photo Infringement Can Be Costly and Up to $150,000 Per Image Infringed!

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Here is a case from the opposite coast of the United States. This case may be looked at as persuasive authority in cases filed in the 9th circuit...more

Sheppard Mullin Richter & Hampton LLP

The Importance of Reasonable Particularity in a Doctrine of Equivalents Argument

In VLSI Technology LLC v. Intel Corporation, No. 22-1906 (Fed. Cir. 2023), VLSI sued Intel for infringement of U.S. Patent Nos. 7,523,373 (the “’373 patent”) and U.S. Patent No. 7,725,759 (the “’759 patent”). After a jury...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Developments in IPR Estoppel - December 5th, 1:00 pm - 2:00 pm EST

Director Jason A. Fitzsimmons and Counsel Richard A. Crudo will present the “Developments in IPR Estoppel” webinar on Tuesday, December 5, 2023, at 1:00 PM ET. The possibility of being estopped from asserting prior art in...more

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