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Intellectual Property Litigation Appellate Courts Federal Rules of Civil Procedure

McDermott Will & Schulte

No specifics, no case? DTSA trade secret disclosure timing differs from CUTSA

The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: July 2025

WilmerHale on

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

McDermott Will & Schulte

Victory lap: Extraterritorial injunction permitted for breach of settlement agreement

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

Stevens & Lee

Third Circuit Case Emphasizes the Limits of Appellate Jurisdiction and the Need for Finality in the District Court

Stevens & Lee on

In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more

McDermott Will & Schulte

An Odyssey of Timeliness: Appointments Clause Arguments Must Be Preserved

Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board...more

Baker Botts L.L.P.

The Federal Circuit Tackles the Role of Expert Opinions in Patent Damages in EcoFactor Inc. v. Google, LLC

Baker Botts L.L.P. on

The Federal Circuit rarely decides cases en banc. For example, in 2024, the Court only heard one en banc case. Stunningly, on September 25, 2024, the Federal Circuit granted Google’s petition for rehearing en banc in the case...more

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