The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District Court…
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/ Business Torts, Civil Remedies, Intellectual Property
Sometimes it is all about the money. In Motorola v. Hytera, the Seventh Circuit Court of Appeals addressed “a large and blatant theft of trade secrets” from Motorola by its competitor Hytera. The damages awarded to Motorola,…
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/ Business Torts, Intellectual Property
On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of…
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/ Civil Procedure, Intellectual Property
What happens when a senior executive leaves a Massachusetts company, with which he has a non-compete, to go to work for a competitor in California, which forbids most non-competes? This question was front and center when…
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/ Business Organizations, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law
Since it was announced in May 2024, the impending FTC ban on non-competes has been mired in controversy. The Rule, which was set to go into effect on September 4, 2024, was intended to ban nearly all non-competition agreements…
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/ Administrative Law, Business Organizations, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law
On May 21, 2024, the Federal Circuit upended decades of precedent regarding design patents in its decision LKQ Corporation v. GM Global Technology Operations LLC. Sitting en banc, a panel of Federal Circuit judges overturned the…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
On April 23, 2024, the Federal Trade Commission issued its long-expected non-compete ban (the “Rule”). The Rule, which is scheduled to go into effect on September 4, 2024, will ban nearly all non-competes across the country…
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/ Administrative Law, Antitrust & Trade Regulation, Commercial Law & Contracts, Labor & Employment Law
Late last year, the Federal Circuit affirmed an award of over $5 million in attorneys’ fees in favor of the defendants in PersonalWeb v. Patreon. In addressing the propriety of the award, the Federal Circuit also took the…
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/ Civil Procedure, Intellectual Property
The USPTO Trademark Trial and Appeal Board issued a precedential decision on April 12, 2024, in favor of Sage Therapeutics, finding a likelihood of confusion between Sage’s SAGE CENTRAL mark and the mark SAGEFORTH, and refused…
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/ Administrative Law, Civil Procedure, Intellectual Property
Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without…
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/ Business Organizations, Civil Procedure, Intellectual Property
The United States Patent and Trademark Office (USPTO) recently proposed a significant change to the rules governing terminal disclaimers. The USPTO says that the rule change would “promote innovation and competition,” but is…
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/ Administrative Law, Intellectual Property, Science, Computers, & Technology
The Copyright Act requires that an infringement action be brought, if at all, within three years of the accrual of the claim. This requirement often limits the period for which damages can be recovered. As a recent Supreme Court…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
While it may be amusing to hear a deepfake of President Biden singing “Baby Shark,” AI voice technology can just as easily be used for nefarious purposes, such as scams, extortion, and spreading misinformation. The ultimate harm…
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/ Administrative Law, Intellectual Property, Privacy, Science, Computers, & Technology
The Digital Millennium Copyright Act (DMCA) was passed by Congress in 1988 to provide solutions for the strained relationship between the internet and copyright law. It focused on protecting copyright owners whose works were…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
A recent decision by a San Francisco federal district court judge imperils the way many significant patent portfolios are developed. In Sonos v. Google, Judge William Alsup held that two patents asserted by Sonos against Google…
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/ Civil Procedure, Intellectual Property
