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Is the Federal Circuit instituting patent reform on its own? Lucent v. Gateway demonstrates a new willingness to review damage awards

Foley & Lardner LLP
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USA
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December 21 2009

The Court of Appeals for the Federal Circuit's September 2009 decision in Lucent Technologies, Inc. v. Gateway, Inc., 580 F.3d 1301 (Fed. Cir. 2009), suggests that many of the goals urged by supporters of patent reform legislation may be achieved by applying existing law

FACTA Red Flag rules run into more hurdles

Foley & Lardner LLP
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USA
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November 1 2009

The Red Flags Rules hit two more hurdles recently

Ninth Circuit issues decision on Article III standing

Foley & Lardner LLP
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USA
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December 15 2010

Standing is a key issue in privacy litigation, and it is an issue related to damages, though courts at times reach conclusions regarding standing that are inconsistent with their findings regarding damages

Unauthorized computer access and the California Penal Code

Foley & Lardner LLP
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USA
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September 7 2010

California Penal Code Section 502 regulates unauthorized access to computers and computer networks and has implications for employers with employees in California

Court finds 25 percent "rule of thumb" to be a fundamentally flawed patent damages tool

Foley & Lardner LLP
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USA
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January 5 2011

In Uniloc USA, Inc. v. Microsoft Corp., ___ F.3d ___ (Fed. Cir. Jan. 4, 2011), the Federal Circuit addressed arguments relating to a number of damages issues

Chalasani revisited: misappropriating ex-employee permanently enjoined

Foley & Lardner LLP
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USA
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February 28 2011

We previously reported on the filing of a trade secret misappropriation case, Banc of America Securities, LLC, et al. v. Chalasani, in federal court in New York, Index No. 10 cv 7681, in which B of A sought injunctive relief against a former employee who downloaded and transferred electronically without permission proprietary trading strategies and other non-public information. B of A had announced reductions-in-force on September 21, 2010

Federal Circuit affirms $240-million damage award and injunction against sales of Microsoft Word

Foley & Lardner LLP
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USA
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December 23 2009

On December 22, 2009, the U.S. Court of Appeals for the Federal Circuit issued its decision in a closely watched case

Unearthing competitive intelligence through Freedom of Information Act requests

Foley & Lardner LLP
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USA
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January 18 2011

Competitors can learn of your trade secrets in any one of a number of ways, perhaps the most common of which is the sticky fingers of departing and disloyal employees

Supreme Court holds 6-3 that Vermont's Prescription Confidentiality Law violates first amendment

Foley & Lardner LLP
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USA
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June 23 2011

On June 23rd, the Supreme Court issued an opinion in the case Sorrell v. IMS Health in which the Justices voted 6-3 that a Vermont law restricting the ability of pharmaceutical companies to analyze reports on prescriber behavior and use that information to market branded drugs to doctors violated the First Amendment

Your licensee knows your confidential, proprietary technology and just acquired your main competitor: can you sue for threatened trade secret misappropriation?

Foley & Lardner LLP
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USA
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March 28 2011

A federal court in Washington State issued a ruling last week in Edifecs, Inc. v. Tibco Software, Inc., further limiting grounds for seeking trade secret relief arising out of the acquisition by a licensee of the licensor’s primary competitor

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