IP Watchdog

JANUARY 15, 2023

Udupa, whose appointment was announced in December, comes to the USPTO after serving the last seven years as the head of litigation for Hewlett Packard Enterprise, where she was responsible for heading HPE’s intellectual property litigation and formulating case strategies.

Precedent 115

Precedent Litigation 115

Securities Docket

JULY 1, 2024

The Supreme Court’s move to gut a decades-old precedent on agency authority is a big boost for corporate litigators, incentivizing companies and industry trade groups to challenge government regulations and stirring business for the firms that represent them. Source: Chevron Ruling Poised to Boost Business for Corporate Litigators

Litigation 52

Litigation Precedent 52

IP Watchdog

JANUARY 12, 2022

In one decision, the Supreme Court will wax poetically about the need to adhere to precedent, and citing stare decisis, and then overrule well-established, 30-year-old Supreme Court precedent. The whim and fancy – and intellectual dishonesty – of the Supreme Court knows no bounds when it comes to patent law.

Precedent 131

Precedent Technology Litigation 131

E-Discovery LLC

NOVEMBER 25, 2024

12, 2024), discussing In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4125618 (N.D. The court applied the “legal right” test for what was in the litigants’ possession, custody and control under Fed.R.Civ.P.34. quoting Cook v. Meta Platforms, Inc., 2024 WL 4133811 (N.D. emphasis added].

Discovery 130

Discovery Subpoenas Litigation Precedent 130

Attorney at Work

JULY 26, 2022

Litigation and justice proceedings are adversarial by nature and with the stakes involved, often result in amplified fears and feelings of grievance. Our team has assisted law firms and litigants in numerous situations over the years as a result of this dynamic. Litigation, by nature, is an adversarial business.

Litigation 237

Litigation Arbitration Precedent Depositions 237

IP Watchdog

SEPTEMBER 9, 2024

The CAFC said the district court erred in concluding at Alice step one that the claims were directed to an abstract idea and distinguished the case from its precedent in Yu v. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion reversing a district court’s invalidation of patent claims challenged by GoPro, Inc.

Precedent 113

Precedent Litigation Technology 113

E-Discovery LLC

DECEMBER 8, 2024

While it is not clear to me, it appears that the exhibits were primarily expert reports in other litigation. 113 Another recent decision stated: The undersigned is cognizant of the well-established Fourth Circuit precedent recognizing a presumption in favor of public access to judicial records. BP raised other issues. A shcraft v.

Exhibits 130

Exhibits Pleadings Precedent Objections 130

IP Watchdog

JULY 15, 2024

While obviousness-type double patenting (ODP) has a long history, Supreme Court precedent and common sense make it clear that the time has come to put ODP to rest. The original rationale for it has long passed, and it is a judicially-created exception to the patent statute that cannot stand.

Precedent 111

Precedent Litigation 111

Lawmatics

OCTOBER 12, 2023

Predictive Analytics AI can predict case outcomes based on historical data and legal precedents to help lawyers and clients make more informed decisions about litigation strategies, settlement negotiations, and risk assessment.

Technology 147

Technology Legal Research Settlement Negotiations Legal Precedent 147

IP Watchdog

NOVEMBER 11, 2021

Under Ninth Circuit precedent, web hosting services like Cloudflare can be held contributorily liable for assisting in the infringement under the material contribution theory. However, a recent district court decision misconstrued the case law to conclude otherwise in Mon Cheri v.

Precedent 138

Precedent Case Law Litigation 138

IP Watchdog

APRIL 25, 2023

Patent and Trademark Office (USPTO) violated Supreme Court precedent by ruling the patent application ineligible under the Alice/Mayo test. Court of Appeals for the Federal Circuit (CAFC) affirmed the ruling in August 2022. In the petition, Killian claims that the U.S.

Precedent 121

Precedent Litigation 121

Practice of Law

DECEMBER 4, 2024

If they prove to be successful, this could set a worrying precedent for game developers, as a patent grants the right to prevent others from using that invention. Registration of software patents in the US has been steadily growing in recent years and there are precedents for the content of a video game being granted patent protection.

Media and Entertainment 96

Media and Entertainment Precedent Litigation 96

IP Watchdog

APRIL 3, 2022

Zaxcom argued that the CAFC’s precedent in Fox Factory, Inc. Court of Appeals for the Federal Circuit (CAFC) for rehearing en banc after the court found its original patent claims unpatentable as obvious. SRAM LLC, 944 F.3d 3d 1366 (Fed. 2019), “confused the law” regarding a rebuttable presumption of nexus.

Rebuttal 119

Rebuttal Precedent Technology Litigation 119

IP Watchdog

NOVEMBER 13, 2021

Patent and Trademark Office (USPTO) in asserting that it had substantially exclusive use of the mark GALPERTI in the five years preceding its registration. Court of Appeals for the Federal Circuit (CAFC) on Friday, November 12, vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) that had found Galperti S.r.l

Precedent 119

Precedent Litigation 119

IP Watchdog

MARCH 20, 2022

Now, Zaxcom has petitioned the court for rehearing en banc, arguing that the CAFC’s precedent in Fox Factory, Inc. 9,336,307 for Engineering Emmy® and technical OSCAR award-winning wireless microphone technology were unpatentable as obvious, but upheld the substitute claims Zaxcom had proposed. SRAM LLC, 944 F.3d 3d 1366 (Fed.

Rebuttal 105

Rebuttal Precedent Technology Litigation 105

Complex Discovery

JULY 12, 2024

Circuit Court of Appeals’ February decision that deemed AbbVie’s patent litigation against Perrigo a “sham.” AbbVie vehemently denies wrongdoing and argues that the decision sets a dangerous precedent that could undermine attorney-client privilege across the board.

Pharmaceuticals 110

Pharmaceuticals Settlement Negotiations Mediation Litigation 110

IP Watchdog

NOVEMBER 2, 2021

Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) and its management of facilitating the appearance of bias at the Trademark Trial and Appeal Board (TTAB) in favor of Apple, Inc., Apple has now filed its opposition to that motion.

Precedent 115

Precedent Litigation 115

Complex Discovery

JUNE 24, 2024

The DMA offers European officials unprecedented authority to mandate changes in the business operations of major online platforms, bypassing the lengthy antitrust litigation process. The Commission’s dual role as both investigator and enforcer of the DMA sets a powerful precedent for regulating multinational tech companies.

Precedent 110

Precedent Technology Litigation 110

Lawmatics

NOVEMBER 7, 2023

AI helps legal professionals find relevant case law, statutes, and precedents by searching and summarizing vast legal databases. Predicting legal outcomes can be very valuable since it allows an attorney to decide whether to take a case, how much to invest in experts, or whether to advise clients to settle or litigate. Legal research.

Legal Research 147

Legal Research Legal Strategy Precedent Depositions 147

Complex Discovery

OCTOBER 11, 2024

meatpacking industry’s ‘Big Four’—Tyson, JBS, Cargill, and National Beef—marks a significant moment in antitrust litigation, with serious implications for both corporate governance and market competition. seeks a jury trial that could set a transformative precedent in antitrust adjudication. meatpacking industry.

Government and Public Sector 106

Government and Public Sector Admissibility Litigation Precedent 106

E-Discovery LLC

DECEMBER 17, 2024

That precedent also suggested that any ordinary work product protection would typically be waived where the materials are disclosed to a testifying expert. The Jackson court cited Ninth Circuit authority for the proposition that the non-testifying expert rule is not intended to impede discovery about testifying experts.

Discovery 130

Discovery Depositions Trial Preparation Expert Testimony 130

Discovery Advocate

MAY 21, 2020

This uncertainty affects businesses considering when they must file actions and those assessing whether a risk of anticipated litigation has been extinguished. This is not without precedent. Those risks include a premature rush to court when the parties are making progress toward resolving a potential dispute short of litigation.

Litigation 130

Litigation Precedent 130

The 10b-5 Daily

JULY 3, 2023

Supreme Court issues a securities litigation opinion, it rarely is having the last word on the subject. June 13, 2023) – addressed two questions about how to apply Court precedent in this area. When the U.S. Lower courts still have to interpret and apply the Court’s holding. Last month, a decision from the U.S.

Pleadings 100

Pleadings Precedent Evidence Litigation 100

IP Watchdog

APRIL 17, 2023

As we stand here today, we have no precedents, case law or customs as to what those procedures will be.” He stressed that it is an amalgam of existing procedures: “In the UPC those procedures will surely come to have their own character and usage.

Precedent 86

Precedent Case Law Litigation 86

Securities Docket

OCTOBER 8, 2024

Agencies face an increasing number of lawsuits challenging the constitutionality of their administrative law judges, with some companies winning temporary enforcement reprieves as courts wrestle with litigation. More cases are pending that could deepen the split among circuit courts.

Precedent 52

Precedent Litigation 52

Jury Analyst

MAY 15, 2023

However, there are some who remain skeptical about the idea of applying empirical methods to litigation. That history garners a respect for how things have always been done and can lead to a belief that precedent should guide current legal practice rather than scientific research. The legal profession has a long history and tradition.

Litigation 40

Litigation Objections Evidence Jury Selection 40

WA Bar News

JULY 10, 2024

PURPOSE OF ANTI-SLAPP LAWS The purpose of anti-SLAPP laws is to prevent litigants from suing and threatening suit as a means of stifling speech on issues of public concern. She is an experienced litigator and legal advisor who counsels clients in high-stakes First Amendment, Public Records Act, and general business litigation.

Discovery 112

Discovery Pleadings Cross-Complaint Litigation 112

The 10b-5 Daily

APRIL 20, 2023

The district court did not find those decisions persuasive, noting that they appeared to rely on an overly restrictive reading of Supreme Court precedent. If the privately held business makes material misstatements that affect the SPAC’s stock price prior to the merger, can that company and its officers be liable for securities fraud?

Manufacturing 100

Manufacturing Precedent Litigation 100

IP Watchdog

FEBRUARY 11, 2024

The Federal Circuit reversed the PTAB on claim construction and also found that the Board misapplied CAFC precedent on the level of public dissemination required before printed publications can qualify as prior art. Provisur Technologies, Inc.

Construction 72

Construction Precedent Technology Litigation 72

IP Watchdog

APRIL 6, 2023

Judge Newman dissented, arguing the ruling “contravenes the Copyright Act and departs from the long-established precedent and practice of copyrightability of computer programs” and that it represents a “far-reaching change.” failed to establish copyrightability of its asserted software program elements.

Precedent 75

Precedent Litigation Technology 75

Attorney at Work

APRIL 15, 2022

Prior to joining LAWPRO, he was a policy lawyer at the Law Society of Ontario and practiced litigation with a focus on professional liability, public law and civil disputes. Archiving beneficial precedent decisions of the supreme court and other valuable legal content. s innovative claims and risk management initiative.

Technology 290

Technology Precedent Case Management Litigation 290

CaseFox

JUNE 5, 2023

The vast amount of electronically stored information (ESI) makes it essential for legal professionals to adopt effective eDiscovery strategies for navigating the complex world of litigation. The exponential growth of digital information has made eDiscovery a critical component of modern litigation.

Litigation 98

Litigation Technology Evidence Legal Precedent 98

IP Watchdog

MAY 24, 2022

Court of Appeals for the Federal Circuit “erred in reading this Court’s precedents to dictate a contrary conclusion.”.

Manufacturing 80

Manufacturing Precedent Litigation 80

SW&L Attorneys Blog

OCTOBER 5, 2024

Conclusion This new landmark decision marks a significant shift in administrative law, emphasizing judicial independence in statutory interpretation and ending a long-standing precedent that had shaped regulatory practices for decades.

Precedent 64

Precedent Litigation 64

Complex Discovery

JULY 1, 2024

The ongoing litigation between music industry titans and AI firms like Suno and Udio could set critical precedents for how copyrighted material is protected and used in the AI era. As the courts grapple with these complex issues, the outcomes will likely shape the future of both the music and AI industries.

Technology 111

Technology Precedent Litigation 111

IP Watchdog

OCTOBER 4, 2022

Although the panel in American Axle stressed its decision was consistent with Supreme Court and Federal Circuit precedent, see 967 F.3d

Manufacturing 85

Manufacturing Precedent Litigation Technology 85

E-Discovery LLC

AUGUST 8, 2024

It quoted precedent that “communications of facts are privileged even if the original facts are not. One related issue that I have seen involves the structure of a litigation review database. I have not seen the issue arise in the context of Linet Americas.

Privileged Communication 130

Privileged Communication Discovery Precedent Litigation 130