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|Tesla’s Patent Pledge: Is It Enough?|
Michael Damiani, Richard Johnson; Borden Ladner Gervais LLP;
July 25, 2014, previously published on July 23, 2014Free use of patented technology? Caveat emptor. In a June 12, 2014 blog post titled, “All Our Patent Are Belong To You”, Elon Musk, co-founder and CEO of Tesla Motors Inc., pledged that the company will not “initiate patent lawsuits against anyone who, in good faith, wants to...
|Enterprise Systems Technologies Files New 337 Complaint Regarding Certain Communications Or Computing Devices, And Components Thereof|
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
July 23, 2014, previously published on July 17, 2014On July 16, 2014, Enterprise Systems Technologies S.a.r.l. of Luxembourg (“Enterprise”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
|Russia Adopts Restrictive Changes to its Data Privacy Law Data Location Requirement Will Adversely Affect Data Flows|
Veronica Fridman, Anita Leung, Mauricio F. Paez, Sergei Volfson, Undine von Diemar; Jones Day;
July 22, 2014, previously published on July 2014During the first week of July 2014, the State Duma (lower chamber of the Russian Parliament) adopted a set of amendments to the Federal Law "On Information, Information Technologies, and Information Protection" ("Information Law") and to the Federal Law "On Personal...
|Federal Circuit Holds That Even Functional Claims Require Structural Fence Posts|
Courtenay C. Brinckerhoff, Jacob D. Moore; Foley & Lardner LLP;
July 17, 2014, previously published on July 11, 2014In AbbVie Deutschland Gmbh v. Janssen Biotech, Inc., the Federal Circuit affirmed the district court decision that found AbbVie’s patents directed to anti-IL-12 antibodies invalid for lack of adequate written description. As between the parties, this decision leaves Centocor free to market...
|California Court Broadly Defines What Information Can Qualify as a Trade Secret|
Koray Bulut, Kurt A. Kappes; Greenberg Traurig, LLP;
July 14, 2014, previously published on June 26, 2014A California appeals court recently explored some of the outer contours of trade secret law, and held that designs and ideas are protectable as trade secrets. In doing so, it affirmed a $5 million judgment awarded to a small Silicon Valley technology company. See Altavion, Inc. v. Konica Minolta...
|Supreme Court Sends Computer-Implemented Business Method Claims Down the Rabbit Hole|
Dentons Canada LLP;
July 3, 2014, previously published on June 20, 2014The US Supreme Court has maintained its solidarity with yet another 9-0 patent decision in Alice Corporation v. CLS Bank, holding that Alice's patent claims directed towards mitigation of settlement risk were patent-ineligible subject matter. The Court criticized the claims, finding that they...
|Federal Circuit Affirms Finding of No Section 337 Violation In Industrial Technology Research Institute Appeal (2013-1480)|
Katherine Cappaert, John F. Presper; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
July 3, 2014, previously published on June 26, 2014On June 23, 2014, the U.S. Court of Appeals for the Federal Circuit issued a non-precedential opinion in Indus. Tech. Research Inst. v. ITC (2013-1480). This was an appeal from the International Trade Commission’s (the “Commission”) determination that LG Electronics, Inc., LG...
|Supreme Court Heartless About the Federal Circuit’s Indefiniteness Standard|
Dentons Canada LLP;
July 2, 2014, previously published on June 11, 2014In yet another unanimous opinion—Nautilus, Inc. v. Biosig Instruments, Inc.—the US Supreme Court rejected the Federal Circuit’s standard and laid out a new standard for patent claims to meet the definiteness requirement of the Patent Act. This section of the Patent Act requires...
|Method Claims in the Limelight|
Dentons Canada LLP;
July 2, 2014, previously published on June 9, 2014In yet another unanimous patent decision, the US Supreme Court criticized the Federal Circuit and limited the scope of infringement for method claims in Limelight Networks, Inc. v. Akamai Technologies, Inc. In doing so, the Supreme Court has clarified that all steps of a method claim must be...
|Supreme Court Rules Aereo’s Streaming Service Violates Copyright Law|
John M. Beahn, Anthony J. Dreyer, David W. Hansen, Paul M. Kerlin, Stuart D. Levi; Skadden, Arps, Slate, Meagher & Flom LLP;
June 27, 2014, previously published on June 25, 2014In a case closely watched by the television, cable and online content industries, the Supreme Court ruled today that online start-up Aereo Inc. violates copyright law by redistributing over-the-air broadcast content without paying licensing fees to broadcasters. The decision is a significant...