Mike Baldwin
Stormy Weather Ahead: Lack of Causation Evidence Rains Out Appeal
By Mike Baldwin on Jul 14, 2022
Posted In Trade Secrets
The US Court of Appeals for the Tenth Circuit found that a trade secret owner lacked “non-speculative and sufficiently probative evidence of a causal nexus between Defendants’ alleged bad acts and [the trade secret owner’s] asserted damages,” and upheld a lower court’s summary judgment ruling for defendants. GeoMetWatch Corp. v. Hall, et. al, Case No....
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Claim Construction and Jurisdictional Discovery Are More Than Skin Deep
By Mike Baldwin on Jun 23, 2022
Posted In Patents
Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied on that construction. University of Massachusetts v. L’Oréal S.A., Case No. 21-1969 (Fed. Cir. June 13, 2022) (Prost, Mayer, Taranto, JJ.)...
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Federal Circuit Clarifies Venue in Hatch-Waxman Case
By Mike Baldwin on Nov 18, 2021
Posted In Patents
Addressing venue in the context of a Hatch-Waxman case, the US Court of Appeals for the Federal Circuit explained that sending a paragraph IV notice letter to a company in the district is insufficient to establish venue. Celgene Corp. v. Mylan Pharmaceuticals Inc., Case No. 21-1154 (Fed. Cir. Nov. 5, 2021) (Prost, J.) The Court...
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