Litigation

In preparing for trial, it is natural to focus on what you will say when you address the judge or jury, and when you question witnesses. While it is important to say the right things in the right way at the right time, it is equally or more important to listen attentively to the judge, jurors, lawyers, witnesses and others in the courtroom.

For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.

Analysis of a case in which a California Court of Appeal affirmed the right of a shopping center owner to limit the First Amendment rights of citizens from being exercised near store entrances.

Courts are increasingly ordering counsel to identify and produce information beyond traditional e-mail and loose files. Whether its employee and payroll data related to a wage and hour dispute or trade data related to a market manipulation investigation, understanding the EDRM as it relates to increasingly larger volumes of structured data has never been a more critical e-discovery capability.

The U.S. Supreme Court, in Kimble v. Marvel, stood by its decision in Brulotte, reaffirming that post-expiration patent royalty provisions are unlawful per se and therefore unenforceable.

Federal Circuit Affirms '101 Subject Matter Invalidity of Internet-Related Software Patents Under Alice
Patent Term Adjustments Do Not Apply To Continuing Applications Based On Delays In Application Prosecution
Federal Circuit Clarifies Standard of Review and Affirms Denial of Award for '285 Exceptional Case Attorney's Fees

Patent litigation, which only a few months ago appeared to be declining, is actually rising significantly.

Michael Rhodes, the charismatic chair of Cooley's privacy and data protection practice, took the stage at an awards dinner in late April with an extra bounce in his step ' and a blunt prediction for his colleagues in the plaintiffs privacy bar.