Searching Content indexed under Litigation, Mediation & Arbitration by Michael Renaud ordered by Published Date Descending.
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District Court Of Delaware Awards An Ongoing Royalty That Applies Not Just To Adjudicated Products But Also To Non-Adjudicated Products That Are "Not Colorably Different."
Recently, in Godo Kaisha IP Bridge 1 v. TCL Commc'n Tech. Holdings Ltd., the Delaware District Court awarded the prevailing plaintiff in a patent infringement suit ...
United States
28 May 2019
FRAND Licensing Of Global Portfolios – Who Gets To Set Worldwide Rates?
A key issue in the licensing of standard essential patents (SEPs) is whether national courts have jurisdiction to determine what constitutes a global fair, reasonable ...
5 Apr 2019
ITC To Review Controversial Apple-Qualcomm Decision
As anticipated, on December 12, 2018, the International Trade Commission ("ITC") issued a notice to review the Final Initial Determination and Recommended Determination ("FID") issued by Administrative Law Judge.
United States
19 Dec 2018
Massachusetts Adopts Uniform Trade Secrets Act
On October 1, 2018, Massachusetts will become the 49th state to adopt a version of the Uniform Trade Secrets Act.
United States
10 Sep 2018
Discovery Concerning Potential Litigation Funding Is Not Relevant Or Proportional
A recent order from the Northern District of California provides some succinct guidance on the relevancy of discovery concerning litigation funding.
United States
19 Jun 2018
Willfulness Finding In EDTX Ruling In TCL V. Ericsson Illustrates The Risk To Accused Infringers Of Failing To Investigate Allegations
In a May 10, 2018 ruling, discussed earlier on this blog, Magistrate Judge Payne affirmed the jury's willfulness finding largely on the ground that TCL did not proffer any evidence that it held a subjective ...
United States
21 May 2018
Patent Damages: How Many Essential Features In A Smart Phone?
On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne's March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released.
United States
5 Apr 2018
Delaware District Court Finds No Work-Product Or Common Legal Interest Protection For Certain Pre-Suit And Pre-Agreement Documents And Communications Between Patent Owner And Litigation Financing Company
Recently, the District of Delaware held that a there was no work-product protection, and no common legal interest protection covering communications and documents shared between a patent owner and a third-party litigation financier...
United States
23 Feb 2018
Supreme Court Hears Oral Arguments In Oil States Regarding Constitutional Challenge To Inter Partes Review
We first covered the Supreme Court's grant of certiorari in Oil States Energy Servs., LLC v. Greene's Energy Grp., LLC, 137 S. Ct. 2239 (2017), a case with the potential to substantially alter the patent litigation landscape, back in June.
United States
12 Dec 2017
Federal Circuit Affirms Delaware Alice Decision
In issuing its precedential decision earlier this month in Two-Way Media v. Comcast, the Federal Circuit affirmed a Delaware district court determination that four data streaming patents ...
United States
20 Nov 2017
In a Reversal, Federal Circuit Finds Data Processing Claims Patent-Eligible Under Section 101 In Visual Memory v. NVIDIA
Applying Alice step one, the district court held that the claims were directed to the abstract idea of categorical data storage.
United States
25 Aug 2017
Supreme Court To Decide The Constitutionality Of Inter Partes Review
Oil States appealed to the Federal Circuit, which affirmed the decision, and Oil States then petitioned the Supreme Court for certiorari.
United States
29 Jun 2017
With The U.K.'S Announcement, The European Unified Patent Court Moves Toward Realization
On November 28, 2016, Baroness Neville Rolfe, the United Kingdom Minister of State for Intellectual Property, announced that the U.K. would ratify the Unified Patent Court Agreement, paving the way for the European Unified Patent Court.
European Union
15 Dec 2016
Intellectual Ventures Petitions Federal Circuit For Full Court Review
Earlier this week, Intellectual Ventures (IV) petitioned the full Federal Circuit to review the panel opinion in Intellectual Ventures v. Symantec...
United States
21 Nov 2016
District Court Finds General Description Of Trade Secret Sufficient To Satisfy Pleading Standard Under Defend Trade Secrets Act
The court found that only a general description of trade secret information was required to survive a motion to dismiss.
United States
18 Nov 2016
Jawbone Fails To Prove Trade Secret Misappropriation By Fitbit At The ITC
Trade secret theft is a growing threat to American businesses. One obstacle to addressing misappropriation through a lawsuit can be a lack of direct evidence of theft.
United States
18 Nov 2016
SEPs At The ITC: Guidance From Recent Decision
The U.S. International Trade Commission once again made it clear that standard-essential patents may be asserted at the ITC and will be treated no differently than other patents in a Section 337 investigation.
United States
10 Oct 2016
"Processing System" Does Not Render Claims Indefinite
The Federal Circuit relied on Nautilus to preserve functional language of a method claim in a decision published last Friday.
United States
3 Oct 2016
In McRo, Federal Circuit Provides Further Guidance On Section 101
Two years after the Central District of California invalidated two 3-D animation patents under Section 101, the Federal Circuit reversed that court's decision...
United States
26 Sep 2016
District Court Judge Issues TRO And Preliminary Injunction Under The Defend Trade Secrets Act
In 2005, Plaintiff Henry Schein, Inc. (HSI), which is in the business of selling medical, dental, and veterinary supplies, hired the Defendant Jennifer Cook as a sales consultant.
United States
1 Jul 2016
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