December 31, 2008

Federal Circuit's New Decision - In re Tech Decision

On December 29, 2008, the United States Federal Circuit Court of Appeals issued the extraordinary remedy of a writ of mandamus in In re TS Tech USA Corp. et al. (“TS Tech USA”) (Misc. Dkt. No. 888) to reverse the denial of a motion to transfer a patent infringement action from the Eastern District of Texas to the Southern District...

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December 23, 2008

January ABA IP Roundtable

Not Just for Hackers Anymore? Use of the Computer Fraud and Abuse Act to Respond to Theft of Information. January 21st - San Francisco location: Farella Braun + Martel January 22nd - Silicon Valley location: Garden Court Hotel, Palo Alto Information and registration at A disgruntled departing employee can access computer infrastructure and copy or erase valuable files, resulting...

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December 11, 2008

Intellectual Property Litigation Database Launched by Stanford University

With much fanfare, the Stanford Law School Intellectual Property Litigation Clearinghouse (“IPLC”) was launched on December 1. The IPLC is a searchable online database that provides statistical information on patent lawsuit filings and outcomes since 2000. The database also includes copyright and trademark suits, although there is not yet statistical information available on those types of cases, and will in...

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December 09, 2008

Trade Secrets: A Practical & Strategic Overview

Silicon Valley Breakfast Program Trade Secrets: A Practical & Strategic Overview Trade secret claims are on the rise. During periods of economic downturn, employee departures and layoffs increase thereby creating greater opportunity for misuse of confidential trade secret information. At the same time, improvements in technology have made safeguarding trade secret information increasingly difficult. Companies tend to more aggressively protect...

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November 10, 2008

In re Bilski: Has the Federal Circuit Overly Restricted What is Patentable Subject Matter?

After many eagerly anticipated months, the Federal Circuit fulfilled Judge Michel’s promise and issued its en banc opinion in In re Bilski just as the World Series concluded. In this 132-page opinion, the Court tackled the fundamental question of what types of processes constitute patentable subject matter under 35 U.S.C. § 101. The controversial test enunciated by the majority attempts...

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October 15, 2008

In re Volkswagen AG, 5th Cir, No. 07-40058 (October 10, 2008)

On Friday October 10, in a split 10-7 en banc decision, the 5th Circuit issued a writ of mandamus ordering Eastern District Judge John Ward to transfer a product liability case against Volkswagen to Dallas, where the car crash in the underlying case took place. Judge T. John Ward, who is generally credited with helping establish Marshall Texas as the...

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September 19, 2008

Claims - Data Privacy, Infringement and Errors & Omissions Coverage

October IP Section Luncheon Insurance Coverage for IP and Technology Claims - Data Privacy, Infringement and Errors & Omissions Coverage October 10, 2008, 11:45 a.m. - 1:15 p.m. Denver ChopHouse, Large Banquet Room Presented by: Mary E. McCutcheon James Morando Dennis M. Cusack As companies' exposure to intellectual property claims has evolved, so too has the landscape of insurance coverage...

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May 29, 2008

Key Cases Pending Regarding Trademark Law and Internet Advertising

Internet advertising through programs such as Google's “AdWords” and “AdSense” has given rise to new issues relating to the application of traditional trademark law. AdWords -- better known as “keyword” advertising -- allows advertisers to purchase or bid on certain “keywords.” When a user searches for those words, links to the advertiser's websites appear in the “Sponsored Links” section of...

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April 07, 2008

Medimmune, the Next Chapter: Federal Circuit Determines Generics Have Standing to Seek Declaratory Judgment Despite Covenant Not to Sue

In a decision that balances the provisions of the Hatch-Waxman Act with the “case or controversy” mandate of the U.S. Constitution, the Federal Circuit recently opened the door a little wider for declaratory judgment actions brought by potential infringers – at least as in matters relating to pharmaceutical products. Specifically, the court held in Caraco Pharmaceutical Laboratories, Inc, Ltd. v....

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March 26, 2008

Court Allows Stanford to Belatedly Amend Infringement Contentions

In a recent decision addressing the Patent Local Rules of the Northern District of California, Judge Patel granted Stanford University leave to amend its infringement contentions to reach a third product of defendant Roche Molecular Systems (called "TaqMan"). The product had been approved for sale in the United States several months after Stanford had submitted its preliminary infringement contentions pursuant...

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