The US Court of Appeals for the Federal Circuit, in reversing (in part) a district court’s rejection of an implied waiver defense, concluded that a patent may be unenforceable where the patent owner failed to disclose a prior...more
In a case involving publication of industry standards, the US Court of Appeals for the District of Columbia reversed a grant of summary judgment in favor of private organizations under the Copyright Act and Lanham Act’s fair...more
The US Court of Appeals for the Second Circuit affirmed a dismissal of the plaintiffs’ state law claim for failure to allege a fiduciary duty, and vacated and remanded a judgment on a motion to dismiss as to the plaintiffs’...more
The Supreme Court of Nevada ruled that the Nevada trade secret law does not preclude a defendant from demonstrating that information is readily ascertainable and therefore not a trade secret even when the defendant acquired...more
The US Court of Appeals for the Ninth Circuit affirmed grant of judgment as a matter of law in favor of rapper Jay-Z and other defendants on copyright infringement claims brought by the heir to Egyptian composer Baligh...more
The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s judgment after a jury trial, ruling that the song “Blurred Lines” infringed Marvin Gaye’s 1970s song “Got To Give It Up.”...more
The US Court of Appeals for the Ninth Circuit found that the defendant did not violate California and Nevada computer crime laws when it scraped the plaintiff’s website for software updates (which were permissible to access)...more
Addressing the issue of trademark infringement specific to the title of an expressive work, the US Court of Appeals for the Ninth Circuit affirmed the district court’s conclusion that Twentieth Century Fox’s use of the name...more
The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more
12/6/2017
/ Appeals ,
Breach of Contract ,
Copyright ,
Copyright Infringement ,
Fraud ,
Injunctions ,
IP License ,
Irreparable Harm ,
Res Judicata ,
Reversal ,
Reverse Engineering ,
Software ,
Treble Damages ,
UK
The US Court of Appeals for the Federal Circuit affirmed a California district court decision denying a trade secret defendant’s motion to compel arbitration based on a prior employment agreement between the plaintiff and an...more
The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction against an online video streaming service, finding that the movie studio plaintiffs were likely to succeed on the merits for violations under the...more
Nationalism and Cross-Border M&A: Navigating Populist Politics in Deal Making -
More than half of the G20 countries voted-in campaigns that focused on harming foreign, outside interests as a means to strengthen domestic...more
9/5/2017
/ ACOs ,
Acquisitions ,
Arbitration ,
Arbitration Awards ,
Artificial Intelligence ,
China ,
Customer-Loyalty Programs ,
Data Breach ,
Data Controller ,
Data Privacy ,
Due Diligence ,
EU ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Hospitals ,
India ,
Joint Venture ,
Long-Term Investment Funds ,
Mergers ,
Personal Data ,
Shareholders ,
UK
Addressing the issue of whether willfulness is required to award profits in trademark cases, and continuing a circuit split on the issue, the US Court of Appeals for the Ninth Circuit affirmed the district court’s conclusion...more
Addressing an opposition to the trademark registration of a band name, the Trademark Trial and Appeal Board (TTAB) found the opposer—the originator and continuous user of the name—to be the owner and prior user. Dave Brock v....more
Addressing the issue of personal jurisdiction over an alleged infringement defendant, the US Court of Appeals for the Federal Circuit affirmed the district court’s dismissal of the complaint, finding no specific jurisdiction...more
Addressing the standard for fame of a trademark, the US Court of Appeals for the Federal Circuit vacated and remanded a Trademark Trial and Appeal Board (TTAB) decision, finding that the TTAB used an incorrect standard in its...more
In an unusual move, the US Court of Appeals for the Federal Circuit updated its original decision in Asetek, holding that the injunction no longer applied to the non-party in the case, except for aiding and abetting new...more
Addressing the issue of sanctions for continued litigation after the parties settled all claims, the US Court of Appeals for the Federal Circuit affirmed a district court’s award of attorneys’ fees and costs, and granted...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s ruling on infringement, invalidity and damages, but remanded the case to the district court to reconsider the breadth of the “junctive” relief...more
Addressing an interlocutory appeal, the US Court of Appeals for the 11th Circuit affirmed a district court’s denial of a preliminary injunction against Amazon.com for trademark infringement, agreeing that the plaintiff’s...more
Addressing the issue of whether to grant a second inter partes review (IPR) after all of the claims had previously been adjudicated, the Patent Trial and Appeal Board (PTAB or Board) determined that the petitioner and its...more
Addressing the application of the “printed matter” doctrine, the Patent Trial and Appeal Board (PTAB or Board) determined that claim elements directed to “providing [certain] information” fell within the doctrine and...more
Addressing challenges to the Federal Communication Commission’s (FCC’s) 2015 Open Internet Order, the US Court of Appeals for the District of Columbia Circuit concluded that the FCC acted with proper authority when it...more
8/5/2016
/ Administrative Authority ,
Broadband ,
Communications Act of 1934 ,
Constitutional Challenges ,
Dismissals ,
FCC ,
Free Speech ,
Internet ,
Internet Service Providers (ISPs) ,
Open Internet Rules ,
Telecommunications ,
Title II
Addressing the termination right given to authors and their heirs under the Copyright Act, the US Court of Appeals for the Sixth Circuit concluded that four siblings could use their right to terminate the transfer their...more