Defend Trade Secrets Act Clears United States Senate Judiciary Committee

The Defend Trade Secrets Act (“DTSA”) has cleared the Senate Judiciary Committee with broad bipartisan support. Currently, state law governs civil claims for trade secret misappropriation, generally under a particular state’s version of the Uniform Trade Secrets Act (“UTSA”), the application of which has been called “anything but uniform.” As amended, the DTSA would not preempt state trade secrets law, but would provide for the first time a federal cause of action for trade secret misappropriation and a unified body of federal law.  Here are the most recently approved amendments: The DTSA adopts the UTSA definition of a trade secret,   Read More »

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

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Supreme Court to Address IPR Proceedings & Willful Infringement

The Supreme Court will continue to shape patent law in 2016, addressing critical components of the widely-popular Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board, and examining the standard for willful patent infringement in district court actions. IPR proceedings provide a streamlined avenue for invalidating issued patents.  In the first two years of their existence, over 4,000 IPR proceedings have been filed, with the majority leading to invalidation of one or more patent claims.  The Supreme Court has now granted a writ of certiorari in its first IPR case, Cuozzo Speed Technologies v. Lee.  The Court   Read More »

Posted in Patent Litigation, Post Grant Proceedings | Tagged , , ,

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Federal Circuit Holds Inter Partes Reviews Are Constitutional

The United States Court of Appeals for the Federal Circuit held today in MCM Portfolio LLC v. Hewlett-Packard Co. that inter partes review proceedings before the Patent Trial and Appeal Board are constitutional, rejecting MCM Portfolio’s bid to escape the PTAB’s earlier ruling that invalidated the company’s patent claims.  The Federal Circuit rejected MCM Portfolio’s arguments that IPRs violate Article III and the Seventh Amendment of the Constitution. With respect to Article III, which articulates the powers of the Judicial Branch, the Federal Circuit held that actions to revoke patent rights need not be tried before federal courts.  Instead, relying   Read More »

Posted in IP and Technology Litigation, Patent Litigation, Post Grant Proceedings | Tagged , , ,

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Second Circuit Holds Google Library Project Is Fair Use

Since 2004, Google has scanned, converted to searchable text, and indexed over 20 million books for the Google Library Project.  In Authors Guild, Inc. v. Google, Inc., the Second Circuit held that such use is a fair use of the authors’ copyrights. The Google Library Project allows searchers to read short synopses about the books and to search for terms of interest within the books.  Even though Google stores copies of the complete books, Google displays only “snippets,” or very limited portions of the books, containing a user’s search terms.  Authors sued Google asserting copyright infringement.  The district court granted   Read More »

Posted in Copyright Litigation | Tagged

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Ninth Circuit: Copyright Holders Must Consider Fair Use Before Sending DMCA Takedown Notices

The Ninth Circuit held last week in Lenz v. Universal Music Corp. (the “dancing baby” case) that a copyright holder must consider fair use before sending a takedown notice under the Digital Millennium Copyright Act (DMCA). Without first considering fair use, the copyright holder cannot have formed the required subjective good faith belief that the use was infringing. Stephanie Lenz and the Electronic Frontier Foundation sued Universal Music Group in 2007 after Universal sent Lenz a takedown notice for a 29-second video she posted to YouTube of her son dancing to Prince’s “Let’s Go Crazy.” Lenz claimed the video was   Read More »

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

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