Alexander Piala, PhD on Appeals

Canadian Legal Code? Copying Foreign Law Can’t Infringe Copyright Under US Law

The US Court of Appeals for the Fifth Circuit held that reprinting foreign law cannot be an infringement of US copyright law. Canadian Standards Association v. P.S. Knight Co., Ltd., Case No. 23-50081 (5th Cir. July 16, 2024)...more

7/26/2024 / Appeals , Canada , Copyright , Copyright Infringement , Copyright Registration , Copyrightable Subject Matter , Motion for Summary Judgment

No Fifth Chances: Ignoring Court’s Warning Leads to Terminal Sanctions

In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit held that misconduct in the face of judicial warnings supports the use of litigation-ending sanctions and that evidence a party...more

11/10/2023 / Appeals , Data Recovery , Evidence , Evidentiary Hearings , Misappropriation , Motion for Reconsideration , Motion to Compel , Terminating Sanctions , Trade Secrets

Amending a Range? Better Enable It

In a post-grant review appeal, the US Court of Appeals for the Federal Circuit explained that patent claims reciting a range must enable the full scope of that range and, under the Administrative Procedure Act (APA), the...more

7/13/2023 / Administrative Procedure Act , Appeals , Claim Construction , Enablement Inquiries , Patent Litigation , Patent Trial and Appeal Board , Patents , Sandoz v Amgen , SCOTUS , USPTO Pilot Program

CEO Punches Ticket and Avoids Sanctions Based on Receiving Confidential Documents

Addressing protective order violations, the US Court of Appeals for the Fifth Circuit largely vacated a district court’s sanctions order. The Court explained that sanctions must comply with due process, barring parties from...more

6/29/2023 / Appeals , Bad Faith , Damages , Due Process , Intellectual Property Litigation , Intellectual Property Protection , Patent Litigation , Patents , Sanctions , Vacated

Same Old Story: Copyright Discovery Rule Still Applies

The US Court of Appeals for the Fifth Circuit affirmed a district court’s infringement determination, finding that the copyright owner’s claims were timely since they were brought within three years of discovering the...more

4/27/2023 / Appeals , Copyright , Copyright Infringement , Copyright Litigation , Copyright Ownership , Discovery Rule , Statute of Limitations

Preliminary Injunction, Meet Irreparable Harm

The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of...more

4/13/2023 / Appeals , Breach of Contract , Confidential Information , Damages , Irreparable Harm , Misappropriation , Non-Compete Agreements , Non-Disclosure Agreement , Preliminary Injunctions , Trade Secrets

Patenting a Nice Cool Glass of Nicotinamide Riboside? Claims Covering Milk Invalid under § 101

The US Court of Appeals for the Federal Circuit found that claims covering a naturally occurring composition were not patent eligible under 35 U.S.C. § 101 merely because one component of the composition had been “isolated.”...more

2/23/2023 / Appeals , Patent Infringement , Patent Litigation , Patent-Eligible Subject Matter , Patents , Section 101

2023 IP Outlook: Trends in the Western District of Texas

Over the past year, two developments infiltrated the Western District of Texas (WDTX) which may decrease the success of venue transfers and keep case volume steady in 2023. These developments could also give plaintiffs more...more

2/14/2023 / Appeals , Patent Litigation , Patents , Personal Jurisdiction , Texas , Transfer of Venue , Writ of Mandamus

Bayou Jambalaya: Sanction Motions, Motions to Vacate and Trade Dress Injunctions

The US Court of Appeals for the Fifth Circuit issued a three-part ruling that affirmed the district court’s denial of a motion to vacate as void the judgment based on Rooker-Feldman doctrine because the earlier state and...more

9/9/2022 / Appeals , Breach of Contract , Jurisdiction , License Agreements , Motion to Dismiss , Motion to Vacate , Preliminary Injunctions

Alexander Piala, PhD

McDermott Will & Schulte

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