By Jiho Kim, B.Com/LL.B. (IV), University of Sydney; Intern, Michelson IP In one of the more high-profile trade secret dispute cases, LG Chemical and SK Innovation have been battling before the U.S. International Trade Commission (ITC) since April 2019 on matters...
By Jiho Kim, B.Com/LL.B. (IV), University of Sydney; Intern, Michelson IP What does the future hold for the question of whether software can be protected by copyright law in the U.S.? In Google LLC v. Oracle America, Inc., the Supreme Court of the United States...
By David Kline Many defendants in patent infringement cases argue that case law (such as VE Holding in 1990) allowing patent lawsuits to be filed in any district in which the defendant has sales have only encouraged abusive patent litigation. They say this practice,...
By Richard Stockton, Kevin Keenan, and Brad Van Pelt In 2011, Apple sued Samsung for, among other things, infringement of three U.S. patents — two claiming designs for parts of a smartphone, and one for a graphical user interface of a smartphone display screen. A jury...
By David Kline A January 2017 release from Simon Tam’s dance rock group The Slants is called “The Band Who Must Not Be Named” — and for good reason. Despite making music for more than a decade, the world’s first all Asian-American dance rock band had...
Mark Finkelstein and Scott Miller Section 284 of the U.S. Patent Act provides that if a defendant has been found to have infringed a patent, “the court may increase the damages up to three times the amount found or assessed” after a finding that the infringement was...
