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DTSA Legislation Opens Federal Courts for Pursuit of Trade Secret Claims
by James Quinn
New legislation will now give companies an opportunity to pursue claims in federal court in cases of trade secret disclosure. On May 11, President Obama signed the Defense of Trade Secrets Act of 2016 (the “DTSA”), which Congress passed in April. Before the legislation was signed, trade secret claims were only heard at the state court level.
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Supreme Court to Review Lost Profits for Design Patent Infringement
by Katherine Muller
Design patents may be unfamiliar to many businesses, but in certain situations they can be extremely valuable. In the long-standing smartphone battle between Apple and Samsung, Apple has been awarded millions of dollars in damages for Samsung’s infringement of several Apple design patents, covering the ornamental design of the phones’ face, bezel and grid of icons. This has prompted other businesses to consider design patents when developing their competitive strategies.
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Federal Circuit Upholds Database Patent
by Todd Fronek
Software patent applicants and patent holders were provided with a boost to their portfolios with a recent Federal Circuit decision in Enfish v. Microsoft. Those who follow software patents are no doubt aware of the large number of patents that have been invalidated since the Supreme Court issued its 2014 decision in Alice v. CLS. Prior to the Enfish ruling, only one Federal Circuit case addressing Section 101 patent eligibility pertaining to computer inventions had upheld a patent in view of the Alice decision. As more cases are evaluated in view of Alice, more clarity and certainty are provided to those evaluating validity of issued patents and preparing new applications for filing.
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Supreme Court Decides on Enhanced Damages and Attorney's Fees in IP Cases
by Katherine Muller
When considering lawsuits, parties often ask about getting enhanced damages or attorney’s fees if they prevail. Although many of the issues are similar, the answer recently changed for patent cases while it stayed the same for copyright cases. As its term comes to an end, the Supreme Court recently issued two decisions regarding a losing party’s objective reasonableness in intellectual property cases, reaching seemingly different conclusions.
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Thomas Oppold,
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Larkin Hoffman provides counsel to a wide variety of organizations, from small businesses and nonprofits to Fortune 500 companies, in many areas of practice including corporate and governance matters, litigation, real estate, government relations, labor and employment, intellectual property, information technology, franchising and taxation. The firm also serves the needs of individuals in many areas including trusts and estates and family law.
This newsletter is provided as a service to our clients and firm associates. While the information provided in this newsletter is believed to be accurate, it is general in nature and should not be construed as legal advice.
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