IP Litigation

Fractured Federal Circuit Invites the Supreme Court to Once Again Weigh In On Patentable Subject Matter – What Computer Software Patent Applicants Should Do in the Interim

May 28, 2013
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By Kevin McGrath On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank International et al. v. Alice Corporation Pty, Ltd., (2011-1301).  At a high level, the issue in CLS Bank was whether software, business method, financial system, and some computer implemented inventions are eligible to even be considered for [...]

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Vermont Approves Legislation Prohibiting Bad Faith Patent Infringement Claims

May 23, 2013
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By Peter Kunin The Vermont House and Senate have approved a first-in-the-nation bill that provides a legal tool for Vermont companies who face extortionate claims of patent infringement from “patent trolls.”  In brief, the legislation gives Vermont companies the ability to bring a lawsuit against patent owners who – acting in bad faith — threaten [...]

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The New Age of Patent Enforcement in the United States: The Brave New World Post-AIA is NOT First to File – It IS Post Grant Proceedings

April 10, 2013
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Sure, First-to-File is new here, but the rest of the world has been dealing with it forever and the sky has not fallen on technological innovation elsewhere.  And it won’t fall on it here either under a First-to-File system. But consider patent enforcement for a moment if you will.  As a patent owner who wants [...]

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Speaking Of . . . Trade Secrets | Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

March 14, 2013
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When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both.  What’s an appropriate measure of damages when your trade secrets are stolen?  It can be your lost profits caused by the misappropriation, if you can prove them.  Or, it [...]

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Speaking of . . . Trade Secrets | Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over Canadian Who Never Left Canada **UPDATE 3/7/13**

March 7, 2013
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3/7/2013 Update Below An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut.  In MacDermid, Inc. v. Deiter, 702 F.3d 72 (Dec. 26. 2012), a Connecticut-based company, MacDermid, Inc., sued its former employee, [...]

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Speaking of . . . Trade Secrets | Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over Canadian Who Never Left Canada

March 4, 2013
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An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut.  In MacDermid, Inc. v. Deiter, 702 F.3d 72 (Dec. 26. 2012), a Connecticut-based company, MacDermid, Inc., sued its former employee, Deiter, a Canadian [...]

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Who Let the Dogs Out? Barking About Whether to “Unleash” Patent Lawyer is Not Privileged.

February 11, 2013
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By Brad Fawley Characterizing Out RAGE LLC’s position as reflecting “a Pavlovian reaction that any communication in which the word ‘lawyer’ or ‘attorney’ is mentioned is the bell that causes the dog named Privilege to salivate” a federal judge ruled that discussions among four executives in two interrelated companies about when to “unleash” and  “sic [...]

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Speaking of . . . Insurance Coverage | Is There Coverage for Alleged “Disparagement” of Another Company’s Product? One California Appeals Court Says Yes, Another One Says No, On Same Policy Language

February 1, 2013
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We previously discussed the troubling issues of:  a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to for possible coverage when you get sued for infringement. And for a great discussion of insurance coverage for IP infringement [...]

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On-line Privacy: The FTC Snuffs Out A “History Sniffer”

January 9, 2013
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Most people seem to know that on-line browsing does not occur in a vacuum.  As we browse the Web the sites we visit send “cookies” to our browsers that allow those sites to recognize us and keep track of our activity on them.  At the same time, advertising websites send “third-party” cookies to us that [...]

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IP Claim Coverage: Are You (and Your Broker) Looking at the Wrong Policy?

June 19, 2012
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by Brad Fawley If you have been sued on an intellectual property claim, many people, including your insurance broker, may assume that the insurance policy that might protect you against IP claims is your current policy.  Think again!  Operating on that assumption can be a costly mistake because many recently issued liability policies attempt to [...]

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