Orange County partner William C. Rooklidge is the co-author of "SURREJOINDER: 3 Problems In 'Clearing Up The Confusion'" [PDF] published on September 9, 2015 by Law360.
Article | September 9, 2015
Orange County partner William Rooklidge is the co-author of “The Latest Inappropriate Reasonable Royalty Rule of Thumb” [PDF] published on July 28, 2015 by Law360.
Client Alert | July 28, 2015
On July 21, 2015, the Federal Circuit issued its much anticipated decision in Amgen v. Sandoz (No. 2015-1499) construing two key provisions of the Biologics Price Competition and Innovation Act ("BPCIA"). The split decision held something for both sides, providing that the information disclosure and exchange provisions of the BPCIA (the infamous "patent dance") are not mandatory, and that the biosimilar applicant's 180-days' pre-marketing notice may only be given after final FDA approval. It is worth reiterating that the Federal Circuit has determined that the patent dance Congress spent years choreographing is not a mandatory requirement. Judge Lourie wrote the majority opinion, with Judge Newman concurring-in-part and dissenting-in-part, and Jud
Client Alert | July 27, 2015
Progress on Some Fronts, But Significant Dangers Remain, and New Dangers EmergeE-discovery remains an incredibly rich and rapidly developing field, as the many developments on which we report from just the first half of 2015 attest.
Client Alert | July 15, 2015
Dallas partner Robert Little and associate Madison Jones are the authors of “Chancery Describes Standard of Review for Demand Refusal Decision” [PDF] published on June 17, 2015 by Delaware Business Court Insider.
Article | June 17, 2015
Washington, D.C. partner and Co-Chair of the Fashion, Retail and Consumer Products Practice Group, Howard Hogan and Washington, D.C. associate Alexander Mooney are the authors of "Lynch provides a 'Beast Mode' seminar on use of trademarks" [PDF] published in the Sports Business Journal on April 27, 2015.
Client Alert | April 27, 2015
Washington, D.C. partner Howard S. Hogan and Los Angeles associate Adam L. Yarian are authors of "Unpacking Hargis" [PDF] published in the April 24, 2015 issue of BNA’s Patent, Trademark & Copyright Journal.
Article | April 24, 2015
On March 24, 2015, a divided Supreme Court (7-2) reversed the Eighth Circuit's determination that the defendant in an infringement action could relitigate a finding by the Patent and Trademark Office's Trademark Trial and Appeal Board ("TTAB") that the defendant's mark was confusingly similar to the plaintiff's.
Client Alert | March 26, 2015
New York partner Janet M. Weiss is the author of the "Rights of Trademark Licensees: Protection for Non-Debtors After Rejection of Trademark License Agreements" [PDF] chapter in Bankruptcy and Financial Restructuring Law 2015.
Article | February 25, 2015
Concerns about cybersecurity and data privacy have exploded into the public consciousness in recent years, accompanied by a host of new and rapidly developing legal issues.
Client Alert | February 17, 2015
Gibson Dunn partner Alexander Southwell, of counsel Angelique Kaounis, and associates Stephenie Gosnell Handler* and Zachary Wood are authors of the following article published by Law360. The team discusses the SEC's recent risk alert with summary observations of results from the Office of Compliance Inspections and Examinations' assessment of select regulated entities' cybersecurity efforts and outlines the internal compliance measures companies should consider implementing in accordance with the findings. SEC Cybersecurity Findings May Establish De Facto Standard (click on link) Mr.
Client Alert | February 6, 2015
On January 27, 2015, the Federal Trade Commission ("FTC") released a report on the "Internet of Things" ("IoT"), which refers to everyday objects that are connected to the Internet and send and receive data.
Client Alert | February 5, 2015
On January 15, 2015, the Federal Circuit addressed--for the first time in nearly thirty years--the standards that govern the question of whether the U.S.
Client Alert | February 4, 2015
On January 20, 2015, the United States Court of Appeals for the Ninth Circuit ruled in Omega S.A. v. Costco Wholesale Corp., No. 11-57137 (9th Cir. Jan.
Client Alert | January 26, 2015
The Paris office of Gibson Dunn is pleased to provide this legal and regulatory update covering France for the second semester of 2014.
Client Alert | January 23, 2015
On January 21, 2015, the U.S. Supreme Court decided its first substantive trademark case in nearly a decade. The decision resolves a longstanding circuit split over the issue of how to try cases where a key issue is whether a trademark owner should be given credit for earlier versions of its trademark in determining who has "priority of use" and thus a superior claim to exclude others from using the mark.
Client Alert | January 22, 2015
In our Mid-Year E-Discovery Update, we reported that 2014 was shaping up to be the "year of technology" in e-discovery. The remainder of the year more than lived up to those expectations.
Client Alert | January 20, 2015
Gibson Dunn partner Alexander Southwell, of counsel Eric Vandevelde and Ryan Bergsieker, and associates Stephenie Gosnell Handler* and Adam Chen are authors of the following article published in the January issue of Bloomberg BNA's World Data Protection Report. The team examines, from a legal perspective, President Obama's reinvigorated priorities in cybersecurity and data privacy following years of stalled efforts to pass legislation.
Client Alert | January 20, 2015
2014 saw a flurry of activity in response to an increase in threats to U.S. trade secrets. Both the House of Representatives and the Senate introduced bipartisan amendments to the EEA that would create a federal civil cause of action for the misappropriation of trade secrets. The Department of Justice secured the first-ever indictment against foreign government actors for trade secret theft and economic espionage, charging five officers of the Chinese military with engaging in a sophisticated cyber-hacking scheme to steal U.S.
Client Alert | January 13, 2015
The past year marked the 25th anniversary of the fall of the Berlin Wall and probably the end of a European dream to continue to entertain smooth and peaceful cooperation with Russia.
Client Alert | January 9, 2015
We are pleased to present Gibson Dunn's second "Federal Circuit Year In Review," providing a statistical overview and substantive summaries of the 128 precedential patent opinions issued by the Federal Circuit over the 2013-2014 year.
Client Alert | November 20, 2014
Los Angeles associates Blaine H. Evanson and Matthew W. Samuels are the authors of "The True Threshold of Patent Eligibility" published in the August 15, 2014 issue of the Daily Journal.
Article | August 15, 2014
On June 25, 2014, the Supreme Court of the United States ruled in American Broadcasting Cos. v. Aereo, Inc., 13-461 (U.S. June 25, 2014), that the video streaming service offered by Aereo, Inc.
Client Alert | June 25, 2014
On June 19, 2014, the United States Supreme Court decided a closely watched case addressing the patent-eligibility under 35 U.S.C.
Client Alert | June 20, 2014
On June 2, 2014, the Supreme Court of the United States unanimously struck down the Federal Circuit's test for patent claim indefiniteness, holding that the lower court's "insolubly ambiguous" standard tolerated too much ambiguity in patent claims. Nautilus, Inc.
Client Alert | June 6, 2014
On June 2, 2014, the Supreme Court of the United States held that induced infringement requires a direct infringer--i.e., a single entity who performs every step of a patented method-- reversing an en banc decision of the Federal Circuit. Writing for a unanimous Court, Justice Alito explained that there can be no induced infringement under 35 U.S.C.
Client Alert | June 3, 2014
In a series of three opinions issued on April 24, 2014, the Federal Circuit has decided that decisions by the Director of the U.S. Patent & Trademark Office to institute -- or not to institute -- an inter partes review ("IPR") under 35 U.S.C.
Client Alert | May 5, 2014
On April 29, 2014, the U.S. Supreme Court issued a pair of unanimous decisions lowering the bar for parties to recover their attorneys' fees in "exceptional" patent cases pursuant to 35 U.S.C.
Client Alert | May 2, 2014
The European Commission (the "Commission") has enacted a revised Block Exemption Regulation governing technology transfer agreements. The revised regime has been enacted following two prior consultation phases in 2011/2012 and in 2013 (the "Consultations") (cf.
Client Alert | April 30, 2014
On March 25, 2014, the U.S. Supreme Court issued a decision that resolves a split among the courts of appeals on the requirements for standing to bring a false advertising claim under the federal Lanham Act.
Client Alert | March 26, 2014
On March 14, 2014, the United States Department of Commerce announced that it is asking the Internet Corporation for Assigned Names and Numbers ("ICANN") to begin discussions on a transition proposal for replacing the Department with a non-governmental entity to serve as steward of the Internet's Domain Name System ("DNS").
Client Alert | March 18, 2014
Washington, D.C. partner Howard Hogan is the author of "The Glamorous Side of Intellectual Property Law," published in the February 10, 2014 issue of National Law Journal.
Client Alert | February 10, 2014
Over the past year, there have been several significant developments in trade secrets law, amidst growing concern about the devastating effect of trade secret theft on U.S.
Client Alert | January 31, 2014
On January 22, 2014, the Supreme Court decided Medtronic, Inc. v. Mirowski Family Ventures, LLC, 571 U.S.
Client Alert | January 23, 2014
2013 proved to be another active year in the outsourcing and technology transactions marketplace. We continued to see a steady flow of traditional information technology outsourcing transactions mixed with an ever expanding variety of business process outsourcing transactions.
Client Alert | January 22, 2014
Gibson Dunn lawyers provide a comprehensive review of German business law during 2013, in areas including corporate, M&A, antitrust, tax, labor and employment, real estate, IP and data protection.
Client Alert | January 15, 2014
We are pleased to present Gibson Dunn's first "Federal Circuit Year In Review," providing a statistical overview and substantive summaries of the 120 precedential patent opinions issued by the Federal Circuit over the 2012-2013 year.
Client Alert | January 7, 2014
Los Angeles associate Blaine Evanson and Lauren Blas, and New York associate Seth Rokosky are the authors of “The Next Supreme Court Cases To Shape Patent Law” [PDF] published by Law360 on January 1, 2014 at www.law360.com.
Article | January 1, 2014
New York partner Alexander Southwell and California-based associates Joshua Jessen, Vivek Narayanadas and Danielle Serbin are the authors of "California Tightens Privacy Protection, Part 1 of 2: New California data privacy laws impose restrictions on third-party tracking and data breach notification" [PDF] published in the November 18, 2013 issue of ALM's Law Technology News."California’s New ‘Digital Eraser’ Evaporates Embarrassment, Part 2 of 2: New California privacy laws will make it easier for kids to remove inappropriate posts from websites" [PDF] was published November 19, 2013.
Client Alert | November 18, 2013
Washington, D.C. partner Howard Hogan is the author of "Don’t Underestimate The Harm Caused By Counterfeiters" [PDF] published by Law360 at www.law360.com on September 19, 2013.
Client Alert | September 19, 2013
Brussels partner Peter Alexiadis and associate Alejandro Guerrero Pérez are the authors of "European Commission Proposes Stricter EU Antitrust Rules on Technology Transfer" [PDF] published in the June 2013 issue of the European Intellectual Property Review.
Client Alert | June 3, 2013
On April 10, 2013, the United States Sentencing Commission promulgated its annual amendments to the federal sentencing guidelines. Reacting to congressional directives, the Commission voted to increase penalties for (1) theft and fraud involving pre-retail medical products, (2) trafficking in counterfeit drugs and military equipment, and (3) foreign dissemination of stolen trade secrets. The Commission also made an important change that will reduce sentences for tax offenses. A current rule in several federal circuits frequently causes "tax loss" to be overstated for sentencing purposes because it directs courts to look solely at the amount of undeclared income to determine the tax impact of an offense. The amendment will require courts also
Client Alert | April 23, 2013
As we have seen in 2012 and now in 2013, the attention paid to cyber-security has reached new heights--hacking, data privacy, and cyber-espionage have continued their prominence in daily headlines, but cyber-security took on unprecedented importance when President Obama focused on it in his State of the Union address. Announcing a new executive order to increase sharing of critical cyber information and calling for legislative action to protect our networks and data, President Obama explained:America must also face the rapidly growing threat from cyber-attacks.
Client Alert | April 16, 2013
The current legal regime which applies to the assessment of technology transfer arrangements under EU antitrust rules is about to undergo some significant changes by this time next year.
Client Alert | April 1, 2013
On February 22, 2013, in Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A. No. 5589-VCP (Del. Ch.
Client Alert | March 1, 2013
The past year saw continued expansion of trade secret law into the realm of cyberspace, with two federal courts of appeal tackling the scope of the federal Computer Fraud and Abuse Act of 1986, 18 U.S.C.
Client Alert | January 18, 2013
In a decision that reaffirms that federal courts do not have jurisdiction to decide hypothetical challenges to the validity of intellectual property, the U.S.
Client Alert | January 11, 2013
In retrospect, 2012 likely will be remembered as another year of manifold challenges in the Eurozone and of slow consolidation rather than one of fundamental reform or renaissance.
Client Alert | January 10, 2013
Los Angeles partner Julian Poon and associate Blaine Evanson are the authors of “The “Next Wave” of Class Certification Issues” [PDF] published in the December 14, 2012 issue of Bloomberg/BNA's Class Action Litigation Report.
Article | December 14, 2012
On August 31, 2012, the Court of Appeals for the Federal Circuit handed down its en banc decision in two closely watched cases involving "divided infringement," Akamai Technologies, Inc., v. Limelight Networks, Inc., Nos.
Client Alert | September 5, 2012