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|“Wanton or Malicious Behavior”: How will the Supreme Court Revise the Willful Patent Infringement Rules?|
Ankwei Chen; Lee Tsai Partners Attorneys-at-Law;
May 26, 2016Last October, the Supreme Court granted certiorari to a pair of cases from the Federal Circuit, Halo Electronics v. Pulse Electronics and Stryker Corporation v. Zimmer Inc. regarding the standard for determining when enhanced damages for patent infringement should be granted. Namely, the sole...
|USPTO Proposes Amendments to Streamline TTAB Procedure|
Jessica D. Bradley, John G. Froemming, Susan M. Kayser, Elizabeth A. (Liz) McKenzie, Meredith M. Wilkes; Jones Day;
May 10, 2016, previously published on April 2016On Monday, April 4, 2016, the United States Patent and Trademark Office ("USPTO") issued proposed amendments to the Trademark Rules of Practice aimed at streamlining proceedings before the Trademark Trial and Appeal Board ("TTAB") that include significant changes to discovery...
|Federal Circuit Denies Reconsideration of Its Decision that the ITC Lacks Jurisdiction Over Electronic Transmission of Digital Data|
Gregory A. Castanias, Richard (Rich) Fieman, Blaney Harper, Yury Kalish, David M. Maiorana; Jones Day;
April 15, 2016, previously published on April 2016On March 31, 2016, the Federal Circuit denied the United States International Trade Commission's ("ITC") petition to rehear en banc its November 2015 holding that the ITC lacks authority over the importation of electronically transmitted digital data. See ClearCorrect Operating, LLC v....
|Cell Phone Discovery|
Hayley Lewis Folmar; McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.;
January 19, 2016, previously published on January 8, 2016As tort liability has combined with the digital age, a party's cell phone, and its Electronically Stored Information (ESI), may operate as a goldmine of information in discovery. A person's smart phone can create a map to the owner's thoughts and actions. A cell phone may reveal relevant...
|The Internet of Things and the Inevitable Collision with Product Liability PART 4: Government Oversight|
H. Michael O'Brien; Wilson Elser Moskowitz Edelman Dicker LLP;
October 26, 2015, previously published on October 16, 2015The exponential growth of the Internet of Things (IoT) is far outpacing the ability of stakeholders to address safety standards and security concerns. This is not unusual as rapidly developing technology often challenges regulators and standards organizations to develop a framework for consensus...
|E-Cigarettes: The Safer Alternative?|
H. Michael O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
April 15, 2015, previously published on March 2, 2015E-cigarettes have gained widespread popularity as an alternative to traditional tobacco cigarettes, with hundreds of millions of these devices expected to be imported into the United States in 2015. The majority of imported e-cigarettes are from China, where most of these devices are manufactured...
|Long-tail Risk on the Horizon for the Tanning Bed Industry|
Danny Vogel; Wilson Elser Moskowitz Edelman & Dicker LLP;
April 15, 2015, previously published on February 17, 2015As the United States continues through a winter that included a historic blizzard in the Northeast, many of us may be longing for summer days spent on the beach, soaking up the sun and working on a tan. A number of people, however, may not bother waiting until summer and will instead visit one of...
|New Legislative Requirements For Electric Vehicle Charging Stations At California Commercial Properties|
Lydia Lake, Pamela L. Westhoff; Sheppard, Mullin, Richter & Hampton LLP;
February 26, 2015, previously published on January 7, 2015Effective January 1, 2015, commercial landlords are prohibited from entering into leases or other occupancy agreements that include any unreasonable restriction or prohibition on the installation or use of an electric vehicle charging station (“EV Station”) in a parking space associated...
|Electronic Services - VAT|
Graham Elliott; Withers Bergman LLP;
November 25, 2014, previously published on October 21, 2014Electronic services are services delivered in an essentially automated way, with no real human intervention. Typically they involve downloading text or sound/vision files.
|Managing the Electronic Discovery Vendor Relationship|
Patrick Garbe, Chris Hansen; Mayer Brown LLP;
November 15, 2014, previously published on October 2014A large international company is in the midst of antitrust litigation. After carefully selecting the electronic discovery vendor that will handle the processing, hosting, review and production of the responsive documents, the company’s counsel needs to manage the vendor relationship...