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  • Supreme Court Eyes Relaxing Rule on Foreign Patent Damages

    May 01, 2018 |

    Despite Possibility of 'Chaos,' Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest

    The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.

  • IP News

    May 01, 2018 |

    Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication
    Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery Violation

  • Copyright Law in the Age of Twitter

    May 01, 2018 |

    A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications

    The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.

  • Walking the Fine Line of Fair Use: The Second Circuit's Decision in Fox News v. TVEyes

    April 01, 2018 |

    Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24/7. That's exactly what media-monitoring service TVEyes did. There was no dispute that TVEyes had copied Fox News's content. Instead, the issue was whether TVEyes's service constituted fair use.

  • The Ripple Effect of Rejecting Trademark Licenses

    April 01, 2018 |

    The First Circuit Widens the Controversy

    In In re Tempnology, the First Circuit held that the debtor's rejection of a trademark license strips the nondebtor licensee of any right to continue to use the trademarks. In so doing, the court takes the same approach as the Fourth Circuit and rejects the approaches advocated by the Third and Seventh Circuits.

  • How Ticket Software Lost Trade Secret Protection

    April 01, 2018 |

    Trade secret protection applies only to confidential information. In almost all circumstances, broadcasting to the world the intricate details and applications of a trade secret extinguishes whatever “property right” an entertainment industry holder once possessed. What is a sufficient method of contractually notifying a software user of the trade secret status of certain information is a closer question.

  • A Reasonable Royalty Rate Must Be Tied to Facts

    April 01, 2018 |

    Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC

    The rate of the reasonable royalty awarded to a successful patent plaintiff must be based on the facts of the case. A damages expert cannot merely pay lip service to the Georgia-Pacific factors and then “pluck” a royalty rate from thin air.

  • IP News

    April 01, 2018 |

    Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents
    Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101