-
Recent Posts
Categories
Archives
Category Archives: Courts
The CFAA: A Law Against Hackers, or Employees who Misuse Proprietary Information
There is a split in the US Appellate Courts about the application of the Computer Fraud and Abuse Act (CFAA). 18 USC §1030. The CFAA creates civil and criminal penalties for accessing a computer “without authorization,” or “exceeding authorized access.” … Continue reading
Posted in Civil Procedure, Confidential, Contracts, copyright, Courts, Damages, Intellectual Property, Litigation, Patent, Proprietary, Prosecution, Supreme Court, Trade Secret
Tagged 18 USC 1030, appeal, bradley manning, CFAA, circuit split, Confidential, confidentiality agreement, Contract, employee, employer, information, misuse, nda, nosal, Proprietary, supreme court, WEC Carolina Energy
4 Comments
Are IP Escrow Agreements Enforceable?
Customers often negotiate for IP Escrow Agreements from their Suppliers. This is how an IP Escrow Agreement works: The Customer wants to have a reliable source for products. Therefore, the Customer asks its Supplier to put all of the IP … Continue reading
Posted in Commercial, Contracts, copyright, Courts, Intellectual Property, IP Escrow, Patent, Trade Secret, Trademark
Tagged 11 USC 365(a), 11 USC 365(n), bankruptcy, Contract, copyright, Escrow, IP, patent, terms, Trade Secret, trademark
2 Comments
Comparing Patent Litigation in the US, UK and Europe
The following table illustrates some differences in patent litigation between the US, the UK and the EU. US UK EU Court Federal Court England & Wales have special Patent Courts at the County and High Court level European Commission and/or … Continue reading
Posted in Civil Procedure, Courts, Damages, Intellectual Property, Litigation, Patent
Tagged compare, contrast, courts, Damages, differences, EU, Europe, litigation, patent, procedure, table, UK, US
Leave a comment
How to Start a Lawsuit – The Complaint & Claim Form
So someone has wronged you. Maybe they have infringed your intellectual property, breached a licensing agreement with you, or stolen your tradesecret. You have written them, and maybe even threatened them with legal action, but they refuse to make things … Continue reading
Posted in Civil Procedure, Commercial, copyright, Courts, Damages, Intellectual Property, Litigation, Patent, Trade Secret, Trademark
Tagged cause of action, claim, claim form, complaint, elements, initiate, jurisdiction, litigation, particulars of claim, personal, start, subject matter
Leave a comment
“Clear & Convincing” 8-0 US Supreme Court Ruling in i4i v. Microsoft*
On June 9, 2011 the US Supreme Court ruled 8-0 in favor of i4i in the i4i v. Microsoft case. US Supreme Court Case No. 10-290. At issue was the “clear and convincing” burden of proof for patent invalidity. The … Continue reading
Posted in Courts, Intellectual Property, Litigation, Patent
Tagged burden of proof, clear and convincing, i4i, inducment, Infringement, invalidity, microsoft, patent, supreme court, U.S., validity
Leave a comment
Hi-Tech Patent Infringement Damages, Pt. 2
Following up on my previous entry, according to a study conducted in 2007, 2/3 of all patent cases were either on appeal or had been overturned. Jury verdicts were 900% higher than bench verdicts, and juries found for plaintiff in … Continue reading
Posted in Courts, Damages, Intellectual Property, Litigation, Patent
Tagged allocation, courts, Damages, entire market value rule, Infringement, litigation, patent
Leave a comment