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Confidential Information Patent Infringement Patent Litigation

Jones Day

Prior Art and Public Availability: Key Decisions in German Patent Litigation

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The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Holds Operating Manuals Disclosed with Confidentiality Restrictions to be Prior Art

On February 8, in Weber, Inc. v. Provisur Technologies, Inc., the Federal Circuit reversed the Patent Trial and Appeal Board (PTAB) and held that Weber’s operating manuals are prior art printed publications despite their...more

Haug Partners LLP

A U.S. View on the UPC – Part 7: “Discovery”

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On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed...more

Haug Partners LLP

A Word of Caution When Disclosing Confidential Information to A Non-Party Under A Protective Order

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In a 2-1 opinion,1 the Federal Circuit recently reversed a decision from the United States District Court for the Western District of Wisconsin finding Defendant Leader Accessories LLC (“Leader”) and its attorney, Mr....more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (June 27 – July 1): Protective Order Pandemonium

Last week’s big news was the anticlimactic end of the American Axle saga.   But the Federal Circuit was hard at work too:  it issued a dozen decisions on a wide variety of subjects.  Below we provide our usual weekly...more

Knobbe Martens

Disclosures Under Joint Defense Agreement Were Not A Protective Order Violation

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STATIC MEDIA LLC v. LEADER ACCESSORIES LLC - Before Dyk, Reyna, and Taranto.  Appeal from the Western District of Wisconsin. Summary: It was an abuse of discretion to hold a party in contempt for an alleged protective...more

Jones Day

Confidential Manual Deemed Not A Printed Publication

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In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. §...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Proskauer - Minding Your Business

Secret Hair Don’t Care: When NDAs Fail to Protect Trade Secrets

In a significant recent decision, the Federal Circuit reversed a $66 million judgment against L’Oreal USA, Inc. for patent infringement and trade secret misappropriation asserted by Olaplex, Inc. The case arose as a result of...more

Jones Day

Take Care When Modifying the PTAB’s Default Protective Order

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After an initial denial, the PTAB recently granted Unified Patents’ motions for entry of protective order and for seal in Unified Patents, LLC v. Electronics and Telecommunications Research Institute, IPR2020-01048, Paper 33...more

Mintz - Intellectual Property Viewpoints

Copy Cats II: Nexus of Copying Required to Substantiate Non-Obviousness

On January 28, 2021, the Federal Circuit affirmed the general principle that the mere fact of copying by an accused infringer is insufficient to rebut a charge of obviousness (L’Oreal USA, Inc. v. Olaplex, Inc.; appeal from...more

Seyfarth Shaw LLP

Peloton Surges to the Top of the Leaderboard in Competitor Spat

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In 2012, Peloton rode into the home fitness scene with its now ubiquitous at-home exercise bike, which features a tablet that allows riders to stream both live and pre-recorded classes while competing against other riders on...more

Mintz - Intellectual Property Viewpoints

Copy Cats: Evidence of Copying a Specific Product NOT Required

On October 30, 2019, the Federal Circuit held that evidence of copying may be used to rebut an obviousness challenge, even if that evidence does not relate to the copying of a specific product. (Liqwd, Inc. v. L’Oreal USA,...more

Smart & Biggar

Rx IP Update - April 2018

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Standing Committee on Health proposes National Pharmacare program, modifications to prescription and generic drug pricing - While common among member countries of the Organisation for Economic Co-operation and Development...more

Knobbe Martens

Patent Judgments and Awards - Merck Ordered to Pay $14 Million in Attorneys’ Fees to Rival Gilead After a Patent Infringement...

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Merck Ordered to Pay $14 Million in Attorneys’ Fees to Rival Gilead After a Patent Infringement Trial Involving Hepatitis C Drugs - On July 14, 2017, in a stunning reversal of fortune, a federal court in San Jose, CA,...more

Orrick - Trade Secrets Group

Trade Secret Misappropriation in the World of Driverless Cars: Google versus Uber

On Thursday, Waymo LLC sued Uber Technologies and Ottomotto LLC in federal court in the Northern District of California for: (1) violation of the federal Defend Trade Secrets Act; (2) violation of California’s Uniform Trade...more

Morris James LLP

Protective Order Dispute Is Resolved

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Fallon, M.J. Court resolves protective order dispute. The dispute centers on what information may be disclosed to foreign counsel in non-US counterpart litigation. The magistrate previously asked the parties to be...more

McDermott Will & Emery

Modification of Protective Orders to Permit Use of Discovery Material in Foreign Litigation Must Consider 28 U.S.C. § 1782 Factors...

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The U.S. Court of Appeals for the Federal Circuit vacated an order modifying a protective order to allow the use of confidential discovery material in foreign litigation, explaining that courts facing such questions must...more

WilmerHale

Federal Circuit Patent Updates - August 2015

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The Dow Chemical Company v. Nova Chemicals Corporation (No. 2014-1431, -1462, 8/28/15) (Prost, Dyk, Wallach). Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of...more

Morgan Lewis

Patent Board’s Proposed New Rules for PTAB Trials

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The PTAB issues its second round of proposed rule changes. The Patent Trial and Appeal Board (PTAB) just issued its second round of proposed rule changes to post-patent issuance review proceedings (Inter Partes Reviews,...more

Mintz - Intellectual Property Viewpoints

PTAB Summer Package of Proposed Rule Changes Now Available and Open for Public Comment

On March 31 we posted about the Patent Office rolling out a series of rulemakings for improving post-grant proceedings before the Patent Trial and Appeal Board (PTAB) pursuant to public feedback to a Request for Comments...more

King & Spalding

Intellectual Property Newsletter - July - August 2015

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Protecting Trade Secrets in the Era of the Data Breach - The prevalence of data breaches cannot be ignored. New data breaches continue to occur one after an-other. In the first half of 2015 alone there were reports of...more

Franczek P.C.

Jawbone Cries Foul – Fitbit’s Success Due To Stolen Trade Secrets

Franczek P.C. on

Fitbit better watch its step because Jawbone has a serious bone to pick with its competitor. On May 27, 2015, Jawbone, a maker of wearable fitness and activity tracker devices, filed suit in California state court...more

JAMS

Protecting Confidentiality of Patent Infringement Settlements: Is Mediation Necessary?

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Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the...more

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