California vs. Federal Practice: Document Requests and Depositions
California vs Federal Practice: Document Requests and Depositions
California vs Federal Practice: Document Requests and Depositions
By Justin K. Powley and David G. Barker The Second Circuit held yesterday in Fox News Network, LLC v. TVEyes, Inc., that a media service offering a search engine of video clips from news networks violates copyright law. On appeal, the Second Circuit held that such use is not protected by the fair use doctrine. […]
By Peter R. Montecuollo and David G. Barker The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. In In re Micron Technology, Inc., the Federal Circuit granted Micron Technology, Inc.’s petition for a writ of […]
The House of Representatives passed the federal Defend Trade Secrets Act (“DTSA”) on April 27, 2016 with a vote of 410-2. Strong, unified support for the DTSA by the House of Representatives closely followed its unanimous passage by the Senate in early April 2016. The DTSA now will be presented to President Obama for his […]
The Defend Trade Secrets Act continues to move through Congress. Yesterday, the House Judiciary Committee approved the bill without any amendments, sending the DTSA to the House floor for a vote. If the DTSA passes the House, President Obama has indicated he will sign the bill into law. We will continue to monitor the DTSA’s […]
The federal Defend Trade Secrets Act (“DTSA”) received strong support from both the White House and the Senate on April 4, 2016. The White House issued a Statement of Administration Policy stressing the importance of trade secret protection to promote innovation and minimize “threats to American businesses, the U.S. economy, and national security interests.” Additionally, […]
The Arizona Supreme Court decided yesterday in Orca Communications Unlimited v. Noder that Arizona’s version of the Uniform Trade Secrets Act, A.R.S. § 44-401 et seq., does not preempt common law tort claims for misappropriation of confidential information that does not rise to the level of a statutory “trade secret.” The majority of jurisdictions deciding the preemption issue […]
Patent litigation tends to be protracted and expensive. In the past, such litigation has continued to a conclusion before any appeal was taken to the Court of Appeals for the Federal Circuit. In some instances, a ruling that the trial court made early in the case on claim construction, or a ruling on liability, might […]
On May 13, 2013, the Supreme Court of the United States issued a unanimous opinion affirming the Southern District of Indiana and Federal Circuit in Bowman v. Monsanto Co., holding that the exhaustion doctrine did not permit a farmer to harvest soybeans with patented genetic resistance to pesticides for seed. The opinion did not, however, […]
The Federal Circuit recently decided to have the entire court consider en banc whether the court should overrule its longstanding rule that patent claim construction is a purely legal question which is reviewed de novo on appeal. This development may foreshadow significant changes in patent litigation practice. A brief historical discussion will highlight the potential […]