| 4/30/2008 |
Privacy Alert: Gov't Rummaging Through Your Laptop's Contents? No Problem If You're Re-Entering USA, Says Ninth Circuit |
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| You've gotten used to being asked to turn on your laptop as you go through airport security so the authorities can confirm it's really a computer and not a bomb... more |
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| 4/24/2008 |
Antitrust Alert: Rambus Dodges an Antitrust Bullet from the FTC |
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| In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC’s landmark order against Rambus Incorporated... more |
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| 4/8/2008 |
Litigation Alert: Roommate.com en banc |
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| The Ninth Circuit has issued a long-awaited decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 3/27/2008 |
Federal Circuit to Re-Assess Standards for Patent-Eligible Subject Matter |
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| The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar. more |
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| 3/17/2008 |
Litigation Alert: Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any,
On Roommate.com? |
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| On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 8/21/2007 |
Litigation Alert: In re Seagate Technology, LLC—Willful Infringement and the Scope of Waiver of the Attorney-Client Privilege and Work Product Doctrine |
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| On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness. more |
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| 8/14/2007 |
Don't Try This on Your Site: Changing Contracts via Website Notice Alone |
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| On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424, which addressed whether a service provider may change the terms of its service contract by posting a revised contract on its website without providing additional notice. more |
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| 7/31/2007 |
Injunctions After eBay v. MercExchange |
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| More than a year has passed since the U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006). more |
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| 7/30/2007 |
Litigation Alert: Integra LifeSciences I, Ltd. v. Merck KGaA—Applying the Supreme Court's Broad Interpretation of the FDA Exemption for Patent Infringement |
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| On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA) more |
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| 7/17/2007 |
Litigation Alert: No End of Trouble? Perfect 10 v. Visa International and Secondary Liability |
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| On July 3, 2007 the Ninth Circuit issued its decision in Perfect 10 v. Visa International Service Association, No. 05-15170, which addressed the secondary liability of credit card companies, affiliated banks, and data processing services under copyright, trademark, and various state law claims for processing credit card payments for websites that allegedly infringe Perfect 10's copyright and trademark rights. more |
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| 7/13/2007 |
Top Five Practices for Implementing an Effective Trade Secret Preservation Program |
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| Top Five Practices for Implementing an
Effective Trade Secret Preservation Program. more |
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| 7/11/2007 |
Twombly and the Need to Plead Facts:The Antitrust Decision Every Litigator Needs to Know |
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| The foundation of any litigation is the complaint, and more specifically, the allegations made to support the plaintiff's claims. more |
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| 7/5/2007 |
Litigation Alert:
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents |
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| On July 5, the Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender. more |
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| 6/28/2007 |
Antitrust Alert: Supreme Court Overrules Per Se Rule Against "Vertical" Minimum Price Agreements between Manufacturers and their Distributors |
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| On June 28, 2007, the Supreme Court issued its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, addressing the proper antitrust analysis of resale price maintenance under Section 1 of the Sherman Act, one of the most important federal antitrust statutes. more |
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| 6/21/2007 |
Securities Litigation Alert—A Major Victory for Defendants in Securities Class Actions: Tellabs, Inc. v. Makor Issues & Rights, Ltd. |
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| On June 21, 2007, the U.S. Supreme Court handed down a decision that provides welcome news to any public company, officer or director facing the prospect of a securities class action lawsuit. more |
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| 6/20/2007 |
U.S. Supreme Court Reconciles Antitrust Law and Securities Regulation |
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| On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the U.S. Supreme Court issued an important decision about the relationship between the federal antitrust laws and the federal securities laws more |
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| 6/1/2007 |
Playing by the Notice & Takedown Rules: Protection for Online Service Providers |
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| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares. more |
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| 5/24/2007 |
Antitrust Alert: Beware of HSR Filing Requirements for Option Exercises or Vesting of Restricted Stock |
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| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares. more |
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| 5/17/2007 |
Litigation Alert - Ninth Circuit Limits CDA Immunity for Internet Service Providers |
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| On May 15, 2007, the Ninth Circuit issued an important decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 5/17/2007 |
Copyright Alert: Perfect 10 v. Google—Key Holdings: Website Framing Does Not Directly Infringe the Public Display Right; Image Search Engine Thumbnails Are Fair Use; and a New Test for Online Contributory Infringement |
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| How fast do things change in "Internet time"? That was in substance one of the questions posed in yesterday's Ninth Circuit decision in Perfect 10 v. Google, which considered inter alia whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. more |
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| 5/1/2007 |
Litigation Alert - Microsoft Corp. v. AT&T Corp. — The Supreme Court Limits the Extraterritorial Effect of 35 U.S.C. §271(f) |
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| On April 30, the Supreme Court issued an important decision affecting liability for patent infringement for computer software developed in the United States and distributed abroad. more |
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| 5/1/2007 |
Litigation Alert - KSR International Co. v. Teleflex Inc.—Ordinary Innovation is Obvious |
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| On April 30, the Supreme Court in KSR International v. Teleflex, announced that "the results of ordinary innovation are not the subject of exclusive rights under the patent laws." more |
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| 4/17/2007 |
Legal FAQ: Introduction to Patent Litigation |
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| The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from practicing it. more |
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| 4/12/2007 |
Securities Litigation Alert—Northern District of California Dismisses Shareholder Derivative Stock Options Backdating Case: In re CNET Networks, Inc., Shareholder Derivative Litig. |
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| In a detailed and thoughtful decision—and one that is certain to be cited frequently in the months ahead ? Judge William Alsup has dismissed a shareholder derivative complaint against various officers and directors of CNET Networks, Inc... more |
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| 3/30/2007 |
Securities Litigation Alert—Tellabs, Inc. et al. v. Makor Issues & Rights, Ltd., et al. |
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| On March 28, 2007, the United States Supreme Court heard oral argument in Tellabs, Inc., et al. v. Makor Issues & Rights, Ltd., et al., a case that promises to resolve a significant and long-standing disagreement among courts on interpretation of the requirement that plaintiffs in securities fraud actions plead a "strong inference" of scienter. more |
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| 3/1/2007 |
Litigation Alert: Northern California District Court Expands Information Retention Requirements |
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| The United States District Court for the Northern District of California has revised Civil Local Rule 16-9 and issued a new Standing Order for all Judges regarding the required contents of Joint Case Management Statements ... more |
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| 2/23/2007 |
Litigation Alert: Supreme Court Imposes Limits on Punitive Damages Awards |
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| On February 20, 2007, Philip Morris won temporary reprieve when the Supreme Court vacated a jury award of $79.5 million in punitive damages to the widow of a deceased smoker, Jesse Williams. more |
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| 2/21/2007 |
Antitrust Alert: The Supreme Court issued its decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381 |
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| On February 20, the Supreme Court issued its decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381, addressing the antitrust analysis of predatory bidding under Sherman Act Section 2. more |
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| 2/12/2007 |
Securities Litigation Alert—First Delaware Decisions on Option Grant Dating:
Ryan v. Gifford and In re Tyson Foods, Inc. Consol. Shareholder Litig. |
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| In two separate decisions issued on February 6, the Delaware Chancery Court weighed in for the first time on issues directly relating to the current wave of stock option matters. more |
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| 2/2/2007 |
Web Sites' CDA §230 Immunity: An Ever-Expanding Universe? |
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| The Federal Communications Decency Act of 1996 ("CDA") immunizes Web site operators and other interactive computer service providers from liability for third parties' tortious acts. more |
|
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| 1/19/2007 |
Out of Sight, Out of Mind, Into Court |
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| Much has been written in recent years about the benefits and pitfalls associated with employee telecommuting arrangements. more |
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| 1/10/2007 |
Litigation Alert - Supreme Court Knocks Down Federal Circuit Rule and Allows Licensees to Challenge a Licensed Patent |
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| Yesterday, the Supreme Court ruled in MedImmune v. Genentech that a patent licensee does not need to breach its license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed. more |
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| 12/19/2006 |
Litigation Alert - Settlement Agreements Executed During Mediation Are Only Admissible If They Include Clear Language Demonstrating the Parties' Intent to be Bound |
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| On December 14, 2006, the California Supreme Court ruled in Fair v. Bakhtiari, No. S129220, ___ Cal.4th ___ (Dec. 14, 2006), that under California Evidence Code section 1123(b), parties who mediated their dispute and signed a settlement memorandum did not clearly demonstrate their intent that the memorandum be enforceable, even though it contained an arbitration clause. more |
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| 12/18/2006 |
Litigation Alert - DOJ Revises Policy on Demanding Waiver of Attorney-Client Privilege |
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| On December 12, 2006, the Justice Department announced new guidelines for federal prosecutors to follow in charging business organizations. more |
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| 12/15/2006 |
Litigation Alert - En Banc Federal Circuit Adopts Specific Intent Standard for Inducement |
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| On Wednesday, December 13, 2006, the Federal Circuit resolved a split in authority over the standard for proving inducement of patent infringement. more |
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| 11/20/2006 |
The California Supreme Court
Considers Web Site Immunity |
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| The California Supreme Court decided the Barrett v. Rosenthal case on Monday, November 20, 2006, holding that Section 230 provides immunity for distributor liability as well as publisher liability. more |
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| 11/8/2006 |
Just Say ... Maybe (Arbitration Finality) |
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| "Three strikes you're out – sort of." That's what a California court has basically told a party that asked the court to overturn an arbitrator's award. more |
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| 10/31/2006 |
Beware the Dangers of Arbitrators Morphing into Mediators |
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| Flexibility and adaptability are hallmarks of alternative dispute resolution, and the ability to fit procedures to the needs of the particular quarrel is often central to realizing the benefits of arbitration and mediation. more |
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| 10/31/2006 |
Litigation Alert - Transforming Uses of a Celebrity's Likeness Are Protected by the First Amendment |
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| On September 25, 2006, the California Court of Appeal ruled in Kirby v. Sega of America, Inc., No. B183820 (Cal. Ct. App. Sept. 25, 2006), that the First Amendment provides a complete defense for misappropriation of a celebrity's likeness and image where the defendant's use is transformative more |
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| 9/27/2006 |
D&O Liability Insurance—Coverage Risks for Innocent Directors and Officers |
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| Innocent directors and officers are at risk of losing D&O insurance coverage because of the knowledge or acts of other insureds. more |
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| 9/18/2006 |
Litigation Alert - California Court of Appeal Rules Contractual Provisions to Submit Disputes to Judicial Referee Are Enforceable |
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| On August 21, 2006, the California Court of Appeal ruled in Woodside Homes of California Inc. v. Superior Court (Wheeler), 06 C.D.O.S. 7777, that pre-dispute contractual agreements to submit controversies to a judicial referee pursuant to California Code of Civil Procedure more |
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| 9/1/2006 |
Employment Law Alert - September 1, 2006 |
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| A California appellate court expressly rejected a "narrow restraint" exception to California's non-compete statute, an exception relied on by federal courts to enforce non-competes against California employees where the restraint excludes an employee from a narrow portion of his or her profession. more |
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| 8/18/2006 |
Litigation Alert - Northern District of California Rules Online Auction Buyer Must Sue in Seller's Forum |
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| Recently, Chief Judge Vaughn Walker of the Northern District of California ruled in Boschetto v. Hansing (Case No. C-06-1390, order issued July 13, 2006) that a Wisconsin resident's sale of a vehicle on eBay to a California resident did not give rise to personal jurisdiction in California. more |
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| 7/31/2006 |
Notable New Cases in Copyright/
DMCA Litigation (2005-2006) |
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| The year 2005-06 has seen a substantial group of decisions—including some cases of first impression—that flesh out the law of primary and secondary liability, fair use and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. more |
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| 7/27/2006 |
Court Shifts Balance Between
Trade Secrets and Public Interest |
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| Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal. O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006). more |
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| 7/25/2006 |
Litigation Alert - Ninth Circuit Extends Sublicensing Rule to Trademark Licenses |
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| On July 19, 2006, the Ninth Circuit held in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. 2006) that a licensee of trademark and related publicity rights does not have the right to sublicense those rights to third parties without the licensor's express permission. more |
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| 7/24/2006 |
Litigation Alert - Supreme Court of California Holds Proposition 64 Applicable to Pending Unfair Competition Law Cases |
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| In November 2004, California voters passed Proposition 64 to purge the abusive use of private "representative" actions under California's Unfair Competition Law ("UCL") and False Advertising Law ("FAL") (respectively, California Business & Professions Code Sections 17200 and 17500, et seq.).? more |
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| 7/14/2006 |
Litigation Alert - New Prop 64 Decision Affects Class Actions Under California's Unfair Competition Law: Pfizer Inc. v. Superior Court |
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| Under the California Court of Appeal's July 11, 2006 decision in Pfizer Inc. v. Superior Court, class action plaintiffs seeking to bring unfair business practices or false advertising claims against California businesses now face a greater preemptive challenge. more |
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| 7/11/2006 |
Litigation Alert - LG Electronics, Inc. v. Bizcom Electronics, Inc. |
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| On July 7, 2006, the Federal Circuit ruled in the case of LG Electronics, Inc. v. Bizcom Electronics, Inc., Civ. 05-1261, that a license agreement that disclaimed an implied license may also establish a conditional sale, thus defeating the application of patent exhaustion. more |
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| 6/23/2006 |
Litigation Alert - Supreme Court Dismisses LabCorp Appeal |
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| The U.S. Supreme Court yesterday opted to dismiss a case having potentially broad implications for the question of what constitutes patentable subject matter. more |
|
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| 6/1/2006 |
Litigation Alert - California Court Blocks Subpoenas Aimed at Bloggers' Source of Trade Secret Information |
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| On May 26, 2006, the California Court of Appeals, Sixth District, issued a unanimous decision striking down subpoenas to Internet "news" sites seeking the source of leaked trade secret information. more |
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| 5/17/2006 |
Going to the Videotape: An Introduction to the Patent System |
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| Patentees enter every jury trial with one distinct advantage: an official, ribboned copy of the patent at issue in the case.
This trial exhibit comes embossed with the seal of the Patent and Trademark Office and signed by the director of that office. more |
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| 5/15/2006 |
Litigation Alert - eBay v. MercExchange: Supreme Court Clarifies Test for Permanent Injunction in Patent Cases |
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| A decision today by the United States Supreme Court is likely to impact the dynamic in many patent litigation lawsuits brought by companies that purchase patents in order to sue other companies for infringing them. more |
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| 4/25/2006 |
Litigation Alert - Electronic Discovery is Focus of Pending Federal Rule Changes Approved by U.S. Supreme Court |
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| On April 12, 2006, the United States Supreme Court approved changes to the Federal Rules of Civil Procedure that will require early involvement of the court in managing electronic discovery. more |
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| 4/21/2006 |
Litigation Alert - District Court Rules that Shrinkwrap Agreement May Be Enforceable |
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| On April 5, 2006, the District Court for the Eastern District of California ruled in the case of Meridian Project Systems, Inc. v. Hardin Construction Co., L.L.C., Civ.04-2728, that an End User License Agreement ("EULA") contained within software packaging may be an enforceable "shrinkwrap" agreement. more |
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| 4/19/2006 |
Trade Secret Identification Rule |
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| Trade secret misappropriation litigation presents a paradox. To mount a defense, a defendant must be apprised of what the plaintiff asserts was misappropriated. more |
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| 3/29/2006 |
USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too |
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| When, if ever, can your Internet Service Provider ("ISP") legally intercept and read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue. more |
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| 3/6/2006 |
Antitrust Update - Supreme Court Eliminates Presumption of Market Power in Patent Tying Cases |
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| On March 1, 2006, the Supreme Court issued its decision in Illinois Tool Works, Inc. v. Independent Ink, which considered the long-standing presumption of market power in patent tying cases. more |
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| 3/1/2006 |
Antitrust Update - Texaco v. Dagher: U.S. Supreme Court Provides Guidance on Antitrust Analysis of Joint Ventures |
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| The Supreme Court's decision on February 28, 2006, in Texaco, Inc. v. Dagher provides important and much-needed guidance for the antitrust analysis of joint ventures. more |
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| 2/22/2006 |
Litigation Alert - Perfect 10's Preliminary Injunction Against Google Exposes New Approaches to Copyright and Fair Use on the Internet |
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| On February 21, 2006, the Federal District Court in Los Angeles issued a decision with important new analyses affecting use of copyrighted materials on the Internet. more |
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| 1/27/2006 |
Litigation Alert - California Court Enforces Liquidated Damages in Standardized Form Contracts for Consumer Services |
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| On January 20, 2006, a California Court of Appeal found
enforceable the liquidated damages provisions for late fees in
standardized form contracts for consumer services. more |
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| 1/23/2006 |
eBay v. MercExchange - Supreme Court to Reconsider Injunction Remedy in Patent Cases |
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| The U.S. Supreme Court will soon reconsider the long-lived standards for granting permanent injunctions in patent infringement cases in eBay Inc. v. MercExchange L.L.C., 401 F.3d 1323 (Fed. Cir. 2005). more |
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| 1/19/2006 |
Patent Law Developments: 2006 |
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| The Year Past and the Year Ahead more |
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| 1/18/2006 |
Litigation Alert - New Price Discrimination Case from the Supreme Court |
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| Despite academic criticism and increasingly rare government enforcement, reports of the death of the Robinson-Patman Act are premature, and price discrimination continues to be a potential source of private litigation for many companies. more |
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| 1/4/2006 |
Litigation Alert - Inefficient Electronic Discovery Management Can Cost Clients |
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| On December 14, 2005, the Delaware Chancery Court reduced recovery of plaintiffs' attorneys' fees in a securities case by nearly $1.2 million, in large part for inefficiently managing electronic discovery. more |
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| 11/3/2005 |
Authorized Generics: Antitrust Issues and the Hatch-Waxman Act |
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| An authorized generic (AG) is a pharmaceutical product that was originally marketed and sold by a brand company, but is relabeled and marketed under a generic product name. more |
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| 10/17/2005 |
Patent Litigation |
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| This booklet is designed for those who wish to enforce their patents or who are accused of infringing another's patent. It provides an outline of patent law in the United States, and an overview of the procedure of patent cases. more |
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| 9/20/2005 |
Extraterritorial Expansion of U.S.
Patent Law |
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| With the advent of the global economy, the design,
manufacturing, marketing, and sales activities of businesses are being performed increasingly overseas.
Naturally, the owners of U.S. patents are increasingly
attempting to enforce their U.S. patents against
activities carried out at least in part, if not entirely,
outside the U.S. more |
|
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| 9/15/2005 |
Copyright Alert: Circuit Court Decisions Weaken, Strengthen Hand of Software Owners Using Technological Protection Measures |
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| Within one late summer week, two federal courts of appeals rendered decisions that will have a significant effect on the rights of copyright holders. more |
|
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| 8/8/2005 |
Pre-Dispute Contractual Waivers of Trial by Jury Ruled Unenforceable under California Law |
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| The Contract Language / The Decision / Arbitration Agreements / Practical Impact more |
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| 7/19/2005 |
Patent Infringement Under Section 271(f) and the Exportation of Software—Living in a Material World |
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| On July 13, 2005, the U.S. Court of Appeals for the Federal Circuit issued an opinion regarding whether the exportation of software code from the United States for distribution and use in foreign markets constitutes an infringement under U.S. patent law. more |
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| 7/13/2005 |
Phillips v. AWH Corporation—Revisiting the Rules of Claim Construction: Still No Magic Formula |
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| Overview / Commentary / Authors of the Opinion / Summary of the Opinion / Dissents more |
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| 7/5/2005 |
California Supreme Court Clarifies Guidelines for Punitive Damages |
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| The California Supreme Court has clarified the guidelines for imposition of punitive damages in Simon v. San Paolo U.S. Holding Co. and Johnson v. Ford Motor Co. more |
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| 6/14/2005 |
Intellectual Property Bulletin Spring 2005 |
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| CoStar Reopens Settled Fixation Issue/Trademark Infringement and the Fair Use Defense/Changes in Store for "Ailing" Patent System/Family Entertainment and Copyright Act Becomes Law. more |
|
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| 2/17/2005 |
Patent Law Developments: 2005 |
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| The Year Past and the Year Ahead more |
|
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| 2/14/2005 |
Recent Trends In Securities Litigation: Perspectives From Plaintiffs And Regulators |
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| The 2005 D&O Liability and Insurance Symposium in New York, sponsored by the Professional Liability Underwriting Society, featured a panel of top plaintiffs' lawyers, more |
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| 2/1/2005 |
InVision Non-Prosecution Agreement with DOJ and Proposed Settlement with SEC Demonstrate Importance of Compliance with Foreign Corrupt Practices Act |
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| On December 3, 2004, the U.S. Department of Justice entered into a non-prosecution agreement relating to a Foreign Corrupt Practices Act (FCPA) investigation of InVision Technologies, Inc. more |
|
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| 11/16/2004 |
Time to Consider Revising Compliance and Ethics Programs in Light of New Federal Sentencing Guidelines |
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| Recent amendments to the Federal Sentencing Guidelines applicable to organizations went into effect on November 1, 2004. more |
|
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| 11/9/2004 |
M&A Development: Court Finds Financially Sophisticated Director Personally Liable for $77 Million |
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| The price and process fairness of business combinations are increasingly challenged in litigation. more |
|
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| 11/26/2003 |
EFiling |
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| "Efiling: What is it? What are its Implications?," 19 Santa Clara Computer & High Tech. L. J. 181 (Dec. 2002), as updated 11/26/03. This lengthy article examines the current state of electronic filing in nationwide state courts, federal courts and government agencies. The piece also explores the dramatic implications electronic filing has begun to have for courts, lawyers, law offices, clients, citizens and government. more |
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| 6/11/2003 |
EDiscovery |
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| "EDiscovery: Preserving, Requesting & Producing Electronic Information," 19 Santa Clara Computer & High Tech. L. J. 131 (Dec. 2002), as updated 6/11/03. This lengthy article | |