News & Analysis as of

Intellectual Property Protection Dismissal With Prejudice

Sheppard Mullin Richter & Hampton LLP

Andersen Plaintiffs Strategically Dismiss § 1202(b) Claims Pending Interlocutory Appeal in Github Case

In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The...more

McDermott Will & Emery

Fourth Estate Redux: Dismissal for Lack of Registration Not on the Merits

McDermott Will & Emery on

In the latest development of a complicated eight-year court battle regarding a copyright infringement claim, the US Court of Appeals for the First Circuit vacated and remanded the district court’s dismissal on claim...more

Irwin IP LLP

Spy Scheme Costs Plaintiff Its Patent Infringement Claims - Site 2020 Inc. v. Superior Traffic Servs., LLC, No. CV 21-63-M-DLC-KLD...

Irwin IP LLP on

Clever covert spy activities during active litigation may backfire.  Recently, Magistrate Judge Kathleen L. DeSoto recommended dismissing all of Site 2020’s patent infringement claims against Superior Traffic with prejudice...more

Jones Day

Joinder Denied For Petitioner Whose Invalidity Case Was Dismissed With Prejudice

Jones Day on

In the PTAB’s recent decision in Code 200 v. Bright Data Ltd., IPR2021-01503, Paper No. 13 (PTAB Mar. 14, 2022), the PTAB expounded upon the circumstances in which joinder of a “me-too” case under § 315(b) was not...more

Knobbe Martens

Dismissal on Procedural Grounds May Bar Claims for Later Infringement Under Res Judicata

Knobbe Martens on

RICHARD SOWINSKI v. CALIFORNIA AIR RESOURCES BOARD - Before Newman, Lourie, and Schall. Appeal from the District Court for the Northern District of California. Summary: Res judicata may bar subsequent claims regarding...more

Dorsey & Whitney LLP

Epic Dance Moves Win Legal Dance-Off (Mostly)

Dorsey & Whitney LLP on

In a recent decision, Judge John R. Padova of the federal court for the Eastern District of Pennsylvania dismissed seven out of eight of the claims brought by musician Leo Pellegrino alleging that Epic Games unlawfully copied...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2020 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Intentional Adulteration - The U.S. Food and Drug Administration (FDA) has released the third and final installment of its draft guidance on intentional...more

Holland & Knight LLP

Peer-to-Peer Employment Verification Patent Directed to Unpatentable Subject Matter

Holland & Knight LLP on

Tenstreet asserted its patent against DriverReach, a recruiting company for hiring CDL drivers, in the Southern District of Indiana. DriverReach moved to dismiss the complaint, arguing that the asserted patent was directed to...more

Holland & Knight LLP

E.D. North Carolina Axes Patent Directed to Teaching Guitar

Holland & Knight LLP on

Rocksmith sued Yousician Oy, alleging infringement of its patent entitled "interactive guitar game." The patent discloses software for learning to play the guitar and provides an "effective way to provide interactive method...more

McDermott Will & Emery

No Gold for Inaccurate Copyright Application

The US Court of Appeals for the Ninth Circuit affirmed a district court decision invalidating a copyright registration because the registration contained knowingly inaccurate information. Gold Value Int’l Textile v. Sanctuary...more

Holland & Knight LLP

Trade Secret Claims Related to Hacking of DNC’s Computers Dismissed With Prejudice

Holland & Knight LLP on

In a well-publicized litigation, the Democratic National Committee (DNC) sued the Russian Federation for "unlawfully hacking into the DNC's computers in connection with the 2016 presidential election and thereafter...more

Holland & Knight LLP

It's Not You; It's Your Patent: Dating App Patent Held To Be Abstract, Ineligible

Holland & Knight LLP on

NetSoc filed suit against several online dating platforms, alleging infringement of its patent entitled "Method and System for Establishing and Using a Social Network to Facilitate People in Life Issues." The defendants moved...more

McDermott Will & Emery

Out of Fashion: Virtually Identical Arrangement of Floral Elements Sufficient to Show Striking Similarity

The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal with prejudice where a lace textile manufacture pleaded that a popular fashion retailer and other defendants infringed on the manufacturer’s...more

Holland & Knight LLP

Trade Secret Defendant Awarded Fees for “Objectively Specious” DTSA Claims

Holland & Knight LLP on

Judge William Alslup of the Northern District of California recently awarded fees to CloudFlare, Inc. (CloudFlare), a defendant in a trade secret misappropriation case under, in part, the relatively new Defend Trade Secrets...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Orrick - Trade Secrets Group

Thinly Pled Allegations of Trade Secret Misappropriation under DTSA Are Vulnerable to Dismissal

A dismissal with prejudice is a plaintiff’s worst fear realized. When it comes to alleging a proper claim for trade secret misappropriation, the Western District of Kentucky recently reminded plaintiffs just how critical it...more

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