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Intellectual Property Litigation Discovery Appeals

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case: Kroy IP Holdings, LLC v. Groupon Inc.

After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in district court without being collaterally estopped? This was the question presented...more

Knobbe Martens

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

Knobbe Martens on

The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton...more

WilmerHale

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

WilmerHale on

This month’s cases involve a cert petition to the U.S. Supreme Court on the extraterritorial application of the federal Defend Trade Secrets Act, a matter of first impression before the Court of Federal Claims, and a reminder...more

Houston Harbaugh, P.C.

SCOTUS Rules that Copyright Damages Can Be Recovered Beyond Three Years, Leave Discovery Rule For Another Day

Houston Harbaugh, P.C. on

The U.S. Supreme Court ruled on May 9th, 2024, in the case of Warner Chappell Music, Inc., et al., v. Nealy, et al., that plaintiffs in a copyright ownership dispute can recover damages beyond the three-year statute of...more

Paul Hastings LLP

The Supreme Court Affirms the Availability of Damages Beyond Three Years for Copyright Infringement If the Discovery Rule Applies

Paul Hastings LLP on

On May 9, 2024, the Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Nealy et al., holding that a plaintiff can seek damages for past infringement that had occurred earlier than the three-year statute...more

McDermott Will & Emery

District Court Subpoena Power Plays “Supporting Role” to PTO Rules

McDermott Will & Emery on

Addressing the subpoena power of district courts to compel evidence for use in US Patent & Trademark Office (PTO) proceedings, the US Court of Appeals for the Fourth Circuit upheld a district court’s decision (albeit on...more

Carlton Fields

Third Circuit Vacates And Remands Order Quashing Subpoena Of Documents For Use In Litigation In Germany

Carlton Fields on

The Third Circuit has vacated and remanded a district court’s decision quashing a subpoena issued pursuant to 28 U.S.C. § 1782, which allows a party to procure discovery for us in a foreign proceeding, finding that the...more

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