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What Trade Secret Owners Need to Know About the Defend Trade Secrets Act

USA - May 25 2016 President Obama signed the Defend Trade Secrets Act ("DTSA") into law on May 11, 2016, addressing a long-felt need for uniformity in trade secret law…

Mark A. Baghdassarian, Jane Gross.

Supreme Court takes another bite out of Federal Circuit exceptionalism

USA - January 21 2015 The Federal Circuit Court of Appeals hears all appeals in patent infringement cases. When it was established by Congress in 1982 to create national…

Randy Lipsitz, Hanna Seifert.

Forum selection clauses- now the Supreme Court has spoken

USA - December 5 2013 In a 2007 Kramer Levin Intellectual Property (KLIP) Alert, we wrote about the scope and coverage of contractual forum selection clauses and how…

Randy Lipsitz, Richard Moss, Michael S. Oberman.

Intentionally withholding important information from the USPTO still has serious consequences

USA - April 30 2012 In a case closely watched by patent litigators, the Federal Circuit Court of Appeals issued a decision last year that, on its face, seemed to impose tougher requirements for an accused patent infringer to establish that a patent is unenforceable because the patent applicant or the patent attorney intentionally withheld important information in obtaining the patent.

Aakash Jariwala, Randy Lipsitz, Richard Moss.

Failure to plead patent invalidity counterclaims with particularity could lead to disastrous results

USA - April 4 2012 In a little noticed but important decision for the patent bar, Judge William Skretny of the Western District of New York dismissed an alleged infringer's general counterclaim for patent invalidity as failing to meet minimal pleading standards because it did not provide a plausible basis as to how or why the patents are invalid.

Randy Lipsitz, Richard Moss, Matthew W. Olinzock.