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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.

Domain Name Private Registration Services Rejoice: Ninth Circuit Rejects Secondary ACPA Liability

Privacy services like GoDaddy’s DomainsByProxy service earn money by enabling domain name registrants to obscure their identities.  Any trademark owner whose mark has been used in an infringing domain name may confront substantial difficulty in ascertaining the infringer’s identity if the infringer has utilized such a privacy service.  Indeed, creating such difficulty might reasonably be […]

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FTC Requests Comments on Proposed Study of Patent Assertion Entities

On September 27, 2013, the Federal Trade Commission announced its intention to conduct a study of “patent assertion entities” (“PAEs”).  The FTC’s press release is here, the Federal Register notice is here, and the online public comment form is here. According to the FTC, “PAEs are firms with a business model based primarily on purchasing […]

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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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Reverse-Payment Patent Settlements Can Violate U.S. Antitrust Laws

On June 17, 2013, in FTC v. Actavis, the Supreme Court resolved a long-brewing battle between the FTC and the antitrust and patent defense bar over whether reverse-payment patent settlements between patentees and alleged infringers violate federal antitrust laws.  These settlements are categorized as reverse-payments because the settlement arises in the following circumstance: Alleged infringer […]

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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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Supreme Court Declines to Issue Broad Guidance on Self-Replicating Articles

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, […]

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Much Anticipated Federal Circuit En Banc Decision on Patentable Subject Matter Leaves Many Questions Unresolved

Anyone hoping for clarity on the standard for patent “eligibility” under 35 U.S.C. § 101 will be disappointed by the Federal Circuit’s recent en banc decision in CLS Bank International v. Alice Corporation (No. 2011-1301, decided May 10, 2013).  In a one-paragraph per curiam opinion, the court affirmed the district court’s holding that Alice’s patent claims […]

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