Cheerleaders and Laches

Monday the U.S. Supreme Court agreed to hear cases on patent laches, SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC et al., and copyright protection for clothing, Star Athletica, LLC v. Varsity Brands, Inc. In SCA Hygiene, the Supreme Court will review the Federal Circuit’s decision that laches remains a viable defense in patent cases, despite the Supreme Court’s 2014 ruling in Petrella v. Metro-Goldwyn-Mayer, Inc. In Petrella, the Supreme Court held that laches cannot bar copyright claims that accrued within the three years from commencement of suit, except in extraordinary cases for equitable relief.  In   Read More »

Posted in Copyright Litigation, IP and Technology Litigation, Patent Litigation | Tagged , , ,

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House of Representatives Passes Defend Trade Secrets Act

The House of Representatives passed the federal Defend Trade Secrets Act (“DTSA”) on April 27, 2016 with a vote of 410-2.  Strong, unified support for the DTSA by the House of Representatives closely followed its unanimous passage by the Senate in early April 2016.  The DTSA now will be presented to President Obama for his signature.

Posted in IP and Technology Litigation, Trade Secrets Litigation, Uncategorized | Tagged

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Defend Trade Secrets Act Progresses

The Defend Trade Secrets Act continues to move through Congress.  Yesterday, the House Judiciary Committee approved the bill without any amendments, sending the DTSA to the House floor for a vote.  If the DTSA passes the House, President Obama has indicated he will sign the bill into law.  We will continue to monitor the DTSA’s progress.    

Posted in IP and Technology Litigation, Trade Secrets Litigation, Uncategorized | Tagged

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Update: The DTSA Receives Strong Support from Congress and the White House

The federal Defend Trade Secrets Act (“DTSA”) received strong support from both the White House and the Senate on April 4, 2016.  The White House issued a Statement of Administration Policy stressing the importance of trade secret protection to promote innovation and minimize “threats to American businesses, the U.S. economy, and national security interests.”  Additionally, the Senate passed the DTSA with a unanimous vote.  Senator Orrin Hatch of Utah, one of the authors of the DTSA, emphasized that trade secrets are an “essential form of intellectual property” and trade secret theft stifles innovation.  Therefore, “U.S. companies must be able to   Read More »

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Arizona Enacts New Patent Troll Legislation

Last week, Arizona Governor Doug Ducey signed into law HB 2386, known as the “Arizona Patent Troll Prevention Act.” Modeled after similar legislation passed by other states, the Act prohibits bad faith demands of patent infringement and gives the Attorney General authority to enforce the Act.  Arizona now joins 27 states that, since 2013, have enacted similar legislation to deter and punish bad faith assertions of patent infringement. The Act includes a non-exhaustive list of factors that may evidence a “bad faith” demand of patent infringement, including: the demand does not contain the patent number, the name and address of   Read More »

Posted in IP and Technology Litigation, Patent Litigation | Tagged ,

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