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Intellectual Property Litigation › Appeals › Breach of Contract

McDermott Will & Schulte

Victory lap: Extraterritorial injunction permitted for breach of settlement agreement

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The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi...more

McDermott Will & Schulte

State court action doesn’t create reasonable apprehension of related federal claims

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Addressing whether a federal district court had jurisdiction over an action for declaratory relief that certain trade secrets and trademarks were invalid and not infringed, the US Court of Appeals for the Eighth Circuit...more

Proskauer Rose LLP

Three Point Shot - June 2025

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Hubble-Bubble in the Chewing Gum Industry: Big League Chew and Licensee Stretch Arguments in Ongoing Trade Dress Suit - The business relationship between Big League Chew Properties LLC (“Big League Chew”), the owner of...more

Fenwick & West LLP

Ninth Circuit Pumps Brakes on Character Copyright Claim over Action Movie Car

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In a new precedential decision, the Ninth Circuit Court of Appeals held in Carroll Shelby Licensing, Inc. v. Halicki that “Eleanor,” a stable of Ford Mustangs that appears across four action films, is not a copyrightable...more

McDermott Will & Schulte

No Protectable Code: No Literal or Nonliteral Copying

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct...more

McDermott Will & Schulte

Ill-Gotten Gains: Unjust Enrichment Remedy Not Barred by Limitation of Liability Provision

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Examining the issue of trade secret misappropriation when parties have contractually limited their liability from breach, the US Court of Appeals for the Eleventh Circuit reversed the district court’s dismissal of the case,...more

Proskauer - Trade Secrets

Eleventh Circuit Revives Trade Secret Misappropriation Claim in Long-Running Litigation

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On April 4, 2025, the Eleventh Circuit reversed the U.S. District Court for the Northern District of Alabama’s ruling dismissing Alabama Aircraft Industries’ (“AAI”) trade secret misappropriation claim against Boeing, thereby...more

McDermott Will & Schulte

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

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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

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

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At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Orrick - Trade Secrets Group

Pushing The Envelope: Eight Circuit Seals The Fate Of Envelope Company’s Trade Secret Claims

Orrick - Trade Secrets Group on

On December 8, 2017, the Eighth Circuit rejected trade secrets and other claims related to allegedly stolen customer lists. Applying Missouri state law, the federal appellate court continued the Show-Me State’s tradition of...more

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