In its first-ever ruling in an appeal from a final decision in an inter partes review (IPR) under the America Invents Act, the Federal Circuit affirmed the PTAB's rulemaking for conducting IPR proceedings. The Federal Circuit's decision leaves in place IPR rules that increase the likelihood of invalidating patents and solidifies IPR as an attractive alternative to district court litigation.
- April 02, 2015Daniel Melman
In Part One, last month, the authors examined the Federal Circuit's VirnetX decision affirming lower courts' role as gatekeepers for expert testimony. The discussion continues herein.
April 02, 2015Rudy Kim and Michelle YangIn an opinion that has defined a section of the Computer Fraud and Abuse Act (CFAA), a law that has been clouded by decades of amendments, a federal judge in Philadelphia has ruled in favor of an Internet startup company and against retail giant QVC.
April 02, 2015Saranac Hale SpencerThe litigation industry is awash with technology. According to consulting firm Gartner, law firms, corporations and service providers spent almost $2 billion in 2014 buying or licensing e-discovery software, almost none of which existed just 10 years ago. Why? The primary driver has been the explosion in the amount and variety of discoverable data in the world.
April 02, 2015Benjamin Beck and Tobin DietrichObtaining social media user content under most circumstances is extremely difficult unless you use the correct strategy. It is pivotal that a practitioner understands how each site stores and communicates its data. Armed with information, the informed attorney may well reap huge rewards when engaging in digital discovery.
April 02, 2015Emily T. Acosta and Eric P. ConnBlurred Lines" Post-Verdict Posturing
Hey 19, New York Judge Says in Streaming Royalties Dispute
Magistrate Changes Mind in Twitter Subpoena ControversyApril 02, 2015Stan SoocherIn the entertainment industry, we frequently see private placement memoranda seeking to raise capital for films and that refer to success stories and independent films that became box office hits. But the U.S. Supreme Court's decision in Omnicare v. Laborers District Counsel Construction Industry Pension Fund should make all producers think twice about whether, or how, to include these success stories.
April 02, 2015Thomas D. SelzSupreme Court: Findings on Likelihood of Confusion by TTAB
Federal Circuit: Actual Delay Not Required For Reducing Patent Term Adjustment
Federal Circuit: No Lost Profits for Related Unpatented ProductsApril 02, 2015Howard J. Shire and Brooke HazanThe NLRB general counsel's July 29, 2014, ruling that McDonald's is a joint employer of those who work for its roughly 14,000 franchised restaurants in the United States continues to send ripples through both the legal and business worlds.
April 02, 2015Geoffrey A. MortBankrupt Festival Organizer Can Recover Buyout Payment It Made to Co-Founder
March 31, 2015Stan Soocher

