News & Analysis as of

Disgorgement Breach of Contract Appeals

McDermott Will & Schulte

When Is a Trade Secret Accessible? As Soon as It Can Be Reverse Engineered

Although the US Court of Appeals for the Federal Circuit upheld a damages award for trade secret misappropriation and breach of a confidentiality agreement, it found that the district court erred in its determination of when...more

McDermott Will & Schulte

Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement

In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...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

Knobbe Martens

Texas Advanced Optoelectronic (“TAO”) v. Renesas Electronics America (“Intersil”)

Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Bryson, and Taranto. Appeal from the United States District Court for the Eastern District of Texas. Summary: A plaintiff has no 7th Amendment right to a jury trial for a claim...more

Jackson Walker

Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

Jackson Walker on

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP...more

Proskauer Rose LLP

Three Point Shot - December 2016

Proskauer Rose LLP on

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Haight Brown & Bonesteel LLP

Performing Work with a Suspended CSLB License Costs Big: Subcontractor Faces $18,000,000 Disgorgement

In what could lead to a draconian result, the Court of Appeal for the First Appellate District held that a contractor who performs work without a valid license can be required to disgorge all payments received, even if the...more

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