Articles

General Articles

An Update on Delaware Standards for Discovery Issues

By Chad S.C. Stover

Several important developments in the District of Delaware fundamentally change the procedures that litigants should expect.

First-Sale Doctrine Only Applies to Goods Made in America

By Andrew Berger

In its most recent ruling, the Second Circuit has done little to clear the cloud of uncertainty over gray-market goods.

Obtaining Preliminary Injunctions in Open-Source Cases

By S. Christian Platt, Bob B. Chen, and Kenneth Newton

Where the presumption of irreparable harm no longer applies, showing such harm and obtaining a preliminary injunction will be difficult for open-source plaintiffs.

The Impact of Recent Case Law on Copyleft Agreements

By R. Scott Rhoades and Jon Rastegar

The decisions in Wallace and Jacobsen suggest that copyleft agreements may ensure that copies and modifications to open-source software will remain open source.

Vendor Indemnification on the Open Range

By David Swetnam-Burland and Stacy O. Stitham

With up-front consideration of the potential negatives, a business can make a licensing decision regarding the merits of open-source software with open eyes.

Leveraging Open-Source Software in Patent Litigation

By Andrew Strickland and Amy Chun

By failing to consider their opponents' use of open-source licenses, accused infringers may miss opportunities to discover facts that could lead to new litigation strategies.

Open-Source Software in the Cloud

By Bradley J. Walz

The end user needs to investigate whether the platform it is licensing contains open-source software and which open-source software licenses govern the platform.

Complying with Source-Disclosure Obligations

By Edward J. Naughton

There are more than 50 open-source licenses, and many permit licensees to use or modify code without requiring the distribution of source code for the resulting work.

The Economic Incentives of Open-Source Software

By Jennifer Vanderhart

Certain terms in open-source licenses are important to maintaining those incentives and have been upheld as valid by the courts.

Reasonably Withheld Consent in License Agreements

By Hon-Man Lee, Lauren Korshalla, and Albert Wai-Kit Chan

It's common to restrict licensee activity in a license agreement as long as consent isn't unreasonably withheld, but many agreements don't state what the standards are.

Discoverability and Admissibility of Settlement Negotiations and Agreements

By M. Curt Lambert

The law of settlement agreements and their underlying negotiations is in flux in the Eastern District of Texas.

California Court Takes On Trade-Secret Preemption of Other Civil Claims

By Joseph H. Tadros

Young Lawyer's FAQ: Technical Degrees and the Patent Bar

Copyright Litigation

The Challenges of Copyright Law and the Internet

By Christopher A. Wiech

Intellectual property lawyers need basic awareness of the legal issues pertaining to how we use and disseminate copyright-protected information on the Internet.

What Are the Constitutional Limits on Statutory Damages?

By Andrew Berger

If Sony BMG Music Entertainment et al. v. Tenenbaum withstands appeal, the decision will negatively impact copyright enforcement for years to come.

Preliminary Injunction Still Likely Without a Presumption of Irreparable Harm

By Andrew Berger

A Copy of Another Person's Work May Become Transformative for Fair Use Purposes

By Andrew Berger

Statutory Damages in Copyright Litigation: Clearing Up Some Common Misunderstandings

By Andrew Berger

IP Remedies

Consideration of Design Around Solutions in Determining Patent Damages—Part 2

By James E. Pampinella and Alexander Ooi

An expert on patent damages may need to consider claim construction issues while formulating his or her opinions.

Indemnification or Illusion? How Magic Words Can Make or Break Your Case

By Brian W. Esler & Casey Moriarty

Finding Insurance Coverage for Copyright, Trademark, and Patent Infringement Claims

By Dennis M. Cusack

Does Edwards v. Arthur Anderson Bar the Use of Employee Confidentiality Agreements?

By Jennifer G. Redmond and Adam Tullman

Price Erosion and Elasticity of Demand: Are the Courts Getting it Right?

By Jeffery A. Stec, Ph.D, Principal at CRA International

One-Satisfaction Rule Reduces Copyright Damages Award

By Lew Koppel, Vice President at CRA International

Settlement Evidence Admitted under Rule 408

By Lew Koppel, Vice President at CRA International

Court Denies Remittitur, Finds Expert’s Testimony Adequate to Support Jury’s Royalty Award

By Lew Koppel, Vice President at CRA International

Trends in Patent Damages |

By J. Shawn McGrath and Kathleen M. Kedrowski

Damages Management in IP Litigation |

By Alan Anderson

Consideration of Design Around Solutions in Determining Patent Damages

By Barry L. Bell, MBA, CFE; James E. Pampinella, CPA; and C. Paul Wazzan, Ph.D.

Permanent Injunctions in Patent Cases: A Post-Ebay Update

By Richard L. Horwitz, David E. Moore, and Kenneth L. Dorsney

Remedies for Misappropriation of Trade Secrets

By Kathi M. Kedrowski

Industry Perspectives on Patent Damages Including the Damages Component of Settlement Negotiations

By Charles W. Shifley

Trends in Trademark Damages

By Kathi M. Kedrowski

Patent Litigation

Preparing a Defense to Willful Infringement

By Charles Barquist and Bita Rahebi

Recent trends relevant to the two prongs of the willfulness inquiry have provided guidance to accused infringers deciding whether or not to rely on the advice of counsel.

Patent Misuse Should Be Only Narrowly Applied as Infringement Defense

By William D. Coston, Peter J. Curtin, Julie A. Petruzzelli, and Michael A. Sartori

The decision may call for more creative licensing negotiations, in that a patent owner should be careful not to seek royalties for periods after the expiration of the patent.

Federal Circuit Closes Possible Standing Defense for False Marking

By Timothy J. Rechtien

Although the court found that an individual has standing to bring a false marking lawsuit, it indicated that it would be receptive to other arguments.