Evidence, Summary Judgment, Intellectual Property Protection

Trade Secret Owners Need to Find the Facts Instead of Letting the Facts Find Them

Mintz - Intellectual Property Viewpoints on 3/17/2025

Recent case law confirms that trade secret owners should proactively investigate any suspicions of theft, and if they do not, they may be at greater risk of being barred under the statute of limitations than they may expect....more

Expert Testimony That Contradicts Patent Specification Fails to Create a Genuine Issue of Fact in a Patent Eligibility Dispute

Knobbe Martens on 7/19/2022

CAREDX, INC. V. NATERA, INC. Before Lourie, Bryson, and Hughes - Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where...more

“Army of Citation Footnotes Crouching in a Field of Jargon” Fails to Withstand Summary Judgment

Knobbe Martens on 10/14/2021

Traxcell Techs., LLC v. Sprint Commn’s Co. et al Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas. Summary: A patentee’s extensive citations to evidence failed to avoid summary judgment of...more

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Farella Braun + Martel LLP on 2/10/2021

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation...more

JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions

Jones Day on 9/11/2020

A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the "Tiffany" name. Jones Day partners Meredith Wilkes and...more

No Brainer: Summary Judgment Based on Non-Asserted Grounds Procedurally Improper

McDermott Will & Schulte on 12/2/2019

The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment grant of non-infringement because it was improperly granted on a ground that was not asserted by the accused infringer. NeuroGrafix...more

Intellectual Property Bulletin - Summer 2018

Fenwick & West LLP on 7/11/2018

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

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