Sister blog Global Investigations and Compliance Review posted a very read-worthy recent blog authored by our colleagues Marisa Darden, Ayako Russell and Jay Thomas. Addressing proposed changes to the Federal Rule of Evidence 702 standards regarding the admissibility of expert witness opinions, the post is a must read for anyone involved in or concerned with … Continue Reading
In Punchbowl, Inc. v. AJ Press, LLC, the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a … Continue Reading
Top technology trends in the legal profession for 2021 are likely to include artificial intelligence, block chain and cryptocurrencies, autonomous vehicles, digital health, and … court filings on paper. Following a recent widespread cybersecurity breach, the United States federal courts are prohibiting electronic filing of highly confidential documents. Parties must file such documents on paper … Continue Reading
With no known vaccine and high infection rates, countries all over the world continue to take precautions to protect their citizens from Covid-19 by issuing “Stay-at-Home” Orders that prevent residents from leaving their homes except for essential tasks. Homes have transformed from private retreats to offices for one or more working household members, classrooms, and … Continue Reading
As we previewed in our earlier post, the COVID-19 pandemic raises new and heightened false advertising concerns for companies seeking to capitalize through mentions of the virus in marketing or consumer outreach efforts. During this harried time, both the unwary – and the well-informed – advertiser should navigate carefully to avoid the trap of consumer … Continue Reading
It is back to state court for Acer America Corp., after the Federal Circuit held that Acer’s state law trade secret claims should never have been removed to federal court in the first instance. Intellisoft Ltd. v. Acer America Corp., No. 19-1522. Vacating the district court’s judgment in Acer’s favor, the Federal Circuit reiterated longstanding … Continue Reading
Companies around the world are scrambling to respond to the unprecedented challenges posed by the COVID-19 pandemic. We have all received many emails and seen a plethora of ads and social media posts by manufacturers, retailers and service providers about steps they are taking to respond to COVID-19 related challenges. The messaging is vital for … Continue Reading
After deliberating less than three hours, a jury in the Northern District of Illinois recently awarded Motorola Solutions over $700 million in damages for a civil claim arising under the Defend Trade Secrets Act (“DTSA”). Motorola Sols., Inc. v. Hytera Commc’ns Corp., Ltd., No. 1:17-cv-1973, ECF No. 834 (N.D. Ill. Jan. 31, 2020). Most remarkable … Continue Reading
The Federal Circuit sent Google an early valentine on February 13, 2020, when it granted the petition for mandamus in In re Google, Case No. 19-126, directing that the Eastern District of Texas either dismiss Super Interconnect Technologies LLC’s (“SIT”) infringement action or transfer it under 28 U.S.C. § 1406(a). The court’s precedential opinion held that … Continue Reading
The Federal Circuit Court of Appeals has been a consistent punching bag for the Supreme Court over the past ten or so years. The high court has repeatedly reversed the Federal Circuit in key decisions such as Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014) (patentable subject matter), TC Heartland LLC v. Kraft … Continue Reading
Yesterday, the U.S. Supreme Court ruled in Matal v. Tam, 15-1293 (June 19, 2017), that the First Amendment of the U.S. Constitution prevents the U.S. Patent and Trademark Office (“PTO”) from declining to register trademarks deemed offensive or disparaging. While the decision concerned the PTO’s rejection of an application to register the name of the … Continue Reading
On May 30, 2017, the U.S. Supreme Court continued its recent string of decisions reversing Federal Circuit holdings on fundamental issues of patent law. Taking on patent exhaustion in Impression Products, Inc. v. Lexmark Int’l, Inc., No. 15-1189, the Court unanimously held that that “a patentee’s decision to sell a product exhausts all of its … Continue Reading
Earlier today (May 22, 2017), the U.S. Supreme Court unanimously held that venue for patent infringement suits against U.S. companies is limited to the company’s state of incorporation or where the company has a “regular and established place of business.” The Supreme Court’s decision—TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341—dramatically reshapes … Continue Reading
Yesterday, the Supreme Court reversed the Federal Circuit’s en banc decision in SCA Hygiene Prods. v. First Quality Baby Prods., 807 F.3d 1311 (Fed. Cir. 2015) (en banc), and effectively abolished laches (unreasonable, prejudicial delay) as a defense to patent infringement claims or damages. The Court’s decision does not disturb the Federal Circuit’s additional holding … Continue Reading
Given the large cluster of technology companies in Silicon Valley, the Northern District of California has long been a top venue for patent infringement litigation. In December 2000, that court adopted its Patent Local Rules, mandating early disclosure by the parties of their infringement and invalidity contentions followed by the orderly identification of claim terms … Continue Reading
The Defend Trade Secrets Act was signed into law on May 11, 2016. It creates the first-ever federal civil cause of action for trade secret misappropriation. We have prepared an article on the Act. The article distills the DTSA’s most important aspects – and omissions – into a distinct set of takeaways of practical use to … Continue Reading
President Barack Obama signed the Defend Trade Secrets Act (DTSA) into law yesterday, May 11, 2016. As we previously reported, the Senate unanimously passed the bill on April 4, and the House overwhelmingly passed it on April 27. The President has long supported the legislation to bring greater harmonization to trade secrets enforcement, following an … Continue Reading
On April 27, 2016, the U.S. House of Representatives approved the Defend Trade Secrets Act, S. 1890, by a vote of 410-2. The Senate approved an identical bill 87-0 on April 4, 2016. President Obama is expected to sign the DTSA into law in short order. Once effective, the DTSA will create a federal, civil cause … Continue Reading
Following President Obama’s December 2014 announcement of a relaxed policy towards Cuba, many companies await the opening up of the Cuban market. Some steps can be taken now to protect a company’s valuable trademarks and other IP in Cuba. An exception to the long-standing US embargo on trade with Cuba permits US companies to file … Continue Reading
In a split 2-1 decision, the U.S. Court of Appeals for the Federal Circuit yesterday upheld Patent Office rules making it easier for companies to kill bad patents. This decision was the first issuing from an appeal of an inter partes review (IPR) decision. Created two and a half years ago, IPRs have become an … Continue Reading
Teva Pharm. USA, Inc. v. Sandoz, Inc., U.S., No. 13-854, 1/20/15 Continuing its string of decisions reversing Federal Circuit precedent, today the Supreme Court rejected the Federal Circuit’s de novo standard for reviewing district court claim construction rulings. Rather, in view of the subsidiary fact findings that are typically integral to the claim construction process, … Continue Reading
The Supreme Court’s unanimous opinion in POM Wonderful LLC v. Coca-Cola Co. (Dkt. No. 12-761) (June 12, 2014) highlights the key role of Lanham Act false advertising claims in protecting consumers from misleading advertising and labeling. Reasoning that competitors often are in a better position than regulators to identify false advertising and other unfair competition, … Continue Reading
