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Apple v. Samsung: The Federal Circuit Recognizes Protection for Confidential Information That Would Harm Competitive Interests, Despite the High Profile Nature of the Litigation

The Federal Circuit has ruled that Apple Inc. and Samsung Electronics Co.’s financial and internal market research information may remain protected and need not be disclosed to the public.  As we have noted separately, U.S. District Court Judge Koh had denied both parties’ motions to seal financial and other commercial information that the parties considered […]

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Dish’s PrimeTime Anytime and AutoHop Unlikely to Infringe Fox’s Copyrights

Dish Network offers its customers the “Hopper”—a set-top box that combines video on demand (VOD) and digital video recorder (DVR) functionality.  The Hopper uses “PrimeTime Anytime” and “AutoHop” to automatically record TV shows and skip commercials in those shows.  Fox sued Dish, claiming these services infringed Fox’s copyrights, and moved for a preliminary injunction.  The […]

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Two Recent Supreme Court Proclamations Biotech and Health Care Companies Should Know

On June 13, 2013, the Supreme Court of the United States unanimously held that 1) naturally-occurring DNA sequences are not patentable, even if they have been isolated from their natural environment, and 2) sequences of complimentary DNA (cDNA) are patentable.  The Court’s recent decision in Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ____ […]

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Recent Decision Highlights Complex Interplay Between Standard-Essential Patents and FRAND Licensing Terms

Patents confer upon the owner of the patent the right to exclude others from making, using, offering for sale, selling or importing the invention for a set period of time.  Tensions arise when patented technologies are included as part of industry technical standards, creating standard-essential patents that are required for system interoperability for certain technologies.  […]

The Evolving Scope of the Inequitable Conduct Defense: 1st Media, LLC v. Electronic Arts, Inc.

On September 13, 2012, the U.S. Court of Appeals for the Federal Circuit, in 1st Media, LLC v. Electronic Arts, Inc., No. 2010-1435 (“1st Media”), reversed a Nevada district court’s ruling holding a patent owned by 1st Media unenforceable due to inequitable conduct.  1st Media, LLC v. do Pi Karaoke, Inc., No. 07-cv-1589 (Apr. 23, 2010).  The opinion […]

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Ninth Circuit Bolsters Internet Service Providers’ Defense Against Copyright Infringement Claims

The Ninth Circuit recently bolstered the legal defenses available to Internet service providers in copyright infringement claims based upon users loading copyrighted material on the service provider’s website, in UMG Recordings, Inc. v. Shelter Capital Partners LLC, No. 09-55902, decided on December 20, 2011.  The court rejected the plaintiff’s argument that an Internet service provider […]

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Recent Decisions from the District of Arizona Illuminate Ninth Circuit Record Sealing Standards

Litigation often involves information that a company wants to protect from disclosure in public court records, such valuable technical, financial, and business information that is otherwise kept confidential.  One way of protecting this type of information is to seal court records.  Although courts generally are leery to impede the public’s interest in open access to […]

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Ninth Circuit Expands Reach of “Effects Test” Personal Jurisdiction Over Foreign Infringers

The power of Ninth Circuit district courts to decide lawsuits against foreign intentional tortfeasors, such as IP infringers, has waxed and waned — and, lately, waxed again. The question of personal jurisdiction often has turned on whether the defendant “expressly aimed” its misconduct at the forum.  That term originated with the Supreme Court’s 1984 decision […]

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Welcome!

Welcome to the Snell & Wilmer intellectual property and technology litigation blog!  Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments. For links to posts on recent developments occurring before this blog’s launch, click here:  pleading, inequitable conduct, inducement of patent infringement, patent invalidity, and […]

| 1 min read