Foreign Lost Profits Recoverable for Patent Damages
August 01, 2018
The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in <i>WesternGeco LLC v. ION Geophysical</i> rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.
A Legal Primer for Making Indie Movies
July 01, 2018
While thousands of films are made each year in the United States and Canada, less than 800 were theatrically released in 2017, with many exceptional films failing to obtain commercial distribution because of legal issues.
General Data Protection Regulation: Defense or Offense?
July 01, 2018
Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
IP News
July 01, 2018
A Split Federal Circuit Panel Finds That Petitioner Has Standing to Challenge PTAB's Final Written Decision and That Petitioner Properly Submitted Evidence on Reply<br>Federal Circuit Rejects Patent Owner's Time-Bar Defense Based on Privity<br>Federal Circuit Finds That District Court May Rely on a Ground Not Raised by Any Party in Granting a Motion for Summary Judgment of Invalidity
Protecting Privilege Before and After a Cyber Breach
June 01, 2018
Critical to any counsel working to prevent a cyber-attack or respond to a successful cyber intrusion is an understanding why and how to properly utilize both attorney-client and work-product privilege. The overriding principle of using privilege is straightforward: to protect your organization's investigation and breach response efforts from usage by third parties or regulatory agencies in litigation arising from a breach.
Trademark 'Theft' With AdWords Keyword Bidding
June 01, 2018
<b><i>Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims</b></i><p>As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.
Vendor Risk Management for Law Firms: 7 Steps to Success
May 01, 2018
Most firms have extensive cybersecurity measures in place, but emerging or unclear regulatory requirements embroil them in a never-ending cycle of evaluation, best-practices review, and implementation. Firms don't just need to have their own systems secured; a responsible firm must also reduce the risk of breach at their third-party vendors. As cloud service providers become commonplace, so too does a firm's responsibility to ensure their vendors are managing risk appropriately.
