News & Analysis as of

Misappropriation Intellectual Property Protection Patent Infringement

Womble Bond Dickinson

How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

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A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing...more

McDermott Will & Emery

Noncompulsory Counterclaims Don’t Confer Appellate Jurisdiction

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata...more

Snell & Wilmer

Global Connection - Russia Permits Patent Misappropriation From Unfriendly Countries

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On Monday, March 7, 2022, the Russian government announced that compensation would not be required when Russian entities infringe patent rights from "unfriendly" countries. This unilateral action by Russia may have a...more

Freeman Law

The Sentencing Guidelines and Intellectual Property Crimes

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Most intellectual property offenses are calculated and sentenced under U.S.S.G. Sections 2B5.3 and 2B1.1. Section 2B5.3 covers most intellectual property offenses, including copyright, trademark, counterfeit, bootleg,...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

Fish & Richardson on

The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Fisher Phillips

Have Your Cake and Eat It Too: Trade Secret Litigation Offers Creative Additional Option for Employers Asserting Patent...

Fisher Phillips on

When most companies think about how to protect their proprietary information and inventions, the first (and most obvious) option is to file for patent protection. However, as recent court cases make clear, trade secret law...more

Proskauer - Minding Your Business

Secret Hair Don’t Care: When NDAs Fail to Protect Trade Secrets

In a significant recent decision, the Federal Circuit reversed a $66 million judgment against L’Oreal USA, Inc. for patent infringement and trade secret misappropriation asserted by Olaplex, Inc. The case arose as a result of...more

Kerr Russell

What To Know About The US International Trade Commission

Kerr Russell on

The International Trade Commission (ITC) of the United States is an independent and quasi-judicial federal agency that handles a range of trade-related matters. The main functions of ITC are to investigate and make...more

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in Spain

Jones Day on

Spain's Trade Secrets Law, enacted in early 2019, is expected to bring about significant changes to the country's business environment. Partner Marta Delgado Echevarría talks about the new protections in place for trade...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

International Lawyers Network

Not Only Will We March Again: Committed, Resilient IP Lawyers Marching Still In Time Of COVID

A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son...more

Seyfarth Shaw LLP

Peloton Surges to the Top of the Leaderboard in Competitor Spat

Seyfarth Shaw LLP on

In 2012, Peloton rode into the home fitness scene with its now ubiquitous at-home exercise bike, which features a tablet that allows riders to stream both live and pre-recorded classes while competing against other riders on...more

Seyfarth Shaw LLP

Louisiana Federal Court Rules Information in Patent Application Remains Actionable Trade Secret Under DTSA

Seyfarth Shaw LLP on

The United States District Court for the Eastern District of Louisiana recently held that, under the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq., information included in a patent application remains an actionable...more

Neal, Gerber & Eisenberg LLP

NGE IP Focus: Manufacturing

In this issue, we focus on the manufacturing industry, highlighting some recent legal decisions that illustrate the depth and breadth of legal issues encountered in the field. As these cases will show, automation creates...more

Verrill

Pursuing Business in China? Continue to Proceed with Caution

Verrill on

In the continuous “chess game” between China and the United States regarding matters of trade, President Xi Jinping has made the latest move allowing intellectual property (“IP”) rights cases to be taken to China’s Supreme...more

Shook, Hardy & Bacon L.L.P.

Luminati Networks Files Patent And Trade Secret Lawsuit Against BI Science Over Proxy Network Cloud Service

Luminati Networks Ltd., a provider of a cloud service that connects devices over the Internet though a proxy-based network, recently filed a patent infringement complaint against BI Science Inc., both Israeli companies. ...more

Shook, Hardy & Bacon L.L.P.

Tax Compliance Giant Not In Compliance? PTP OneClick Asserts Patent Infringement And Trade Secret Misappropriation Claims Against...

Avalara, best known for its comprehensive suite of SaaS-based tax compliance solutions, found itself on the defensive after competitor PTP OneClick filed a lawsuit in October in the U.S. District Court for the Eastern...more

Shook, Hardy & Bacon L.L.P.

ScaleMP Looks To Turn The Tide against Competitor TidalScale With Patent Infringement And Trade Secret Misappropriation Case On...

ScaleMP, an industry leader in virtualization for in-memory high-end computing founded in 2003, recently filed a patent infringement complaint against relative newcomer TidalScale along with a trade secret misappropriation...more

Fenwick & West LLP

Federal Circuit Panel Holds Trade Secret Disgorgement of Profits Must Be Awarded by Judge, Not Jury

Fenwick & West LLP on

In Texas Advanced Optoelectronic Solutions v. Renesas Electronics America, the Federal Circuit held that there is no right to a jury for determining disgorgement of profits for trade secret misappropriation under Texas common...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

Fenwick & West LLP on

In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...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

Tarter Krinsky & Drogin LLP

IP In The Boardroom: When Does The Board Receive Warning?

Intellectual property can present operational risks - knowledge and protocols can help. While keeping boards apprised of developing risks that materially threaten company operations, are you considering operational risks...more

WilmerHale

Enforcing IP Rights In China: A Road Map For US Companies

WilmerHale on

The United States loses between $225 and $600 billion each year due to misappropriation of intellectual property — an estimated 50-80 percent of which has been attributed to China. While Chinese officials have taken steps to...more

Shook, Hardy & Bacon L.L.P.

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

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