Litigation

  • Federal Circuit Limits ITC's Indirect Patent Infringement Authority

    On Dec. 13, 2013, the United States Court of Appeals for the Federal Circuit issued a landmark decision limiting the statutory authority of the International Trade Commission (ITC) to remedy indirect infringement, holding "that an exclusion order based on a violation of 19 U.S.C. '1337(a)(1)(B)(i) may not be predicated on a theory of induced infringement under 35 U.S.C. '271(b) where direct infringement does not occur until after importation of the articles the exclusion order would bar."

    January 31, 2014Darryl Woo, Bryan Kohm and Ravi Ranganath

  • Supreme Court Rejects Review of 'Shopping Cart' Patents

    Soverain Software, the e-commerce company whose $2.5 million jury win for infringement of its "shopping cart" patents was reversed by the U.S. Court of Appeals for the Federal Circuit, failed to convince the U.S. Supreme Court to take its appeal.

    January 31, 2014Lisa Shuchman

  • Decoding Encrypted Documents in Cross-Border e-Discovery

    Organizations should develop a strategy to determine whether encryption will be an issue as early as possible in a case. It is also important at the outset to develop a process for handling these very complicated document sets when time is of the essence and when local privacy laws must be considered.

    January 31, 2014Robert Wickstrom

  • Amend Your Arbitration Clause to Comply with New Rules

    Franchising companies often select arbitration to resolve issues with their franchisees and critical vendors. An arbitral forum allows the parties to discuss and resolve marketing initiatives outside of the prying eyes of the media and competitors. Although some companies welcome the limitations on appeals of arbitration awards as an advantage in reaching finality of business disputes, others find it a reason to avoid arbitration, because the costs of a bad outcome can be high.

    January 31, 2014Craig R. Tractenberg

  • Net News

    Ninth Circuit Cool to Privacy Claims against Facebook, Zynga
    Cooley Advises LegalZoom in Private Equity Infusion

    January 31, 2014ALM Staff | Law Journal Newsletters |

  • Bit Parts

    Hulk Hogan Denied Temporary Injunction Against Publication of Sex Tape
    Publisher's Copyright Registration Permits Songwriter's Estate to Pursue Infringement Claim
    'Vampyres' Book Didn't Defame Plaintiff with Same Name as Fictional Character

    January 31, 2014Stan Soocher

  • IP News

    Federal Circuit Takes Hard Look at a More Permissive Standard for Fee-shifting
    Federal Circuit Confirms that Prosecution History Estoppel Applies to Design Patents
    FDCA Does Not Preempt State Unfair Competition Claims

    January 31, 2014Jeffrey S. Ginsberg and Wyatt Delfino

  • BRIC by BRIC

    When the United States passed the Foreign Corrupt Practices Act (FCPA) in 1977, it made a long-term investment, arguably at the cost of near-term competitiveness, in the ability of the U.S. economy to raise corporate and ethical best practices globally. With a number of reforms now underway in Brazil, Russia, India and China (the high-growth, high-risk BRIC countries), it appears the investment is paying dividends.

    January 31, 2014Jeremy Zucker