David Mlaver David Mlaver

Subscribe to David Mlaver's Posts
David Mlaver counsels clients in a wide range of intellectual property litigation matters. He has substantial research experience, including investigating dendritic cell immunity, the mechanism of organization of membrane proteins in lens fiber cells and the genetic correlation of kidney-related diseases. Read David Mlaver's full bio.

NDA Sunset Provision Means Trade Secret Use May Not Be Misappropriation


By on Sep 16, 2021
Posted In Trade Secrets

The US Court of Appeals for the Ninth Circuit reversed a district court ruling in a trade secret misappropriation case based on a non-disclosure agreement (NDA) that resulted in an award of more than $60 million, ruling that any disclosures that occurred after the termination date of the NDA were not subject to misappropriation claims....

Continue Reading



Footnote Doesn’t Preserve Claim Construction Argument, but Patent Owner Must Observe “Nose of Wax” Principle


By on Sep 2, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit rejected an insufficiently developed claim construction challenge and found noninfringement where the patentee argued that a key feature shared by the accused device and the prior art distinguished the prior art from the claimed invention. CommScope Technologies LLC v. Dali Wireless Inc., Case Nos. 20-1817; -1818...

Continue Reading



The Skinny Label That Wasn’t—Federal Circuit Reinstates Induced Infringement Verdict


By on Aug 12, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit vacated the district court’s grant of judgment as a matter of law (JMOL) of non-infringement where substantial evidence supported the jury’s verdict of induced infringement by an attempted “skinny label” that nonetheless encouraged doctors to engage in a patented use. GlaxoSmithKline LLC v. Teva Pharmaceuticals USA,...

Continue Reading



What Does it Take to Plead Trade Secret Misappropriation Under the DTSA?


By on Jun 24, 2021
Posted In Trade Secrets

Addressing the pleading standard under the Defend Trade Secrets Act (DTSA) and New Jersey Trade Secrets Act (NJTSA), the US Court of Appeals for the Third Circuit vacated the district court’s dismissal of a third amended complaint for trade secrets misappropriation and remanded for further proceedings. Oakwood Labs. LLC v. Thanoo, Case No. 19-3707 (3d...

Continue Reading



Texas Citizens Participation Act Does Not Protect Communications About Private Transactions


By on May 27, 2021
Posted In Trade Secrets

The Texas Court of Appeals in the 14th Circuit denied an interlocutory appeal from the trial court’s denial of a motion to dismiss under the Texas Citizens Participation Act (TCPA), holding that TCPA does not protect communications concerning a private transaction between private parties. Post Acute Medical, LLC v. Meridian Hospital Systems Corporation, No. 14-19-00546-CV...

Continue Reading



Fourth Estate Registration Requirement Defeats Pro Se Copyright Infringement Plaintiff


By on Apr 29, 2021
Posted In Copyrights

The US Court of Appeals for the First Circuit affirmed dismissal of a copyright infringement claim for failure to register the copyright, and affirmed summary judgment against plaintiff on related state law claims where the plaintiff was deemed to have admitted statements that undermined its claims. Foss v. Marvic Inc., Case No. 20-1008 (1st Cir....

Continue Reading



Blame the Lawyer: In Exceptional Case, Plaintiff’s Attorney Liable for Court and Appellate Fees


By on Apr 1, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed an award of attorneys’ fees against a plaintiff and his counsel, and further granted defendants’ motion for appellate attorneys’ fees and double costs where plaintiff had brought baseless claims, engaged in litigation misconduct and brought a frivolous appeal. Pirri v. Cheek, Case No. 20-1959 (Fed....

Continue Reading



For Certain Not Secret Now: Court Declines to Seal Alleged Trade Secret in Amended Complaint


By on Mar 24, 2021
Posted In Trade Secrets

The US Court of Appeals for the Federal Circuit affirmed a decision declining to seal information in an amended complaint where the defendant failed to prove that the information was a trade secret. DePuy Synthes Products, Inc. v. Veterinary Orthopedic Implants, Inc., Case No. 20-1514 (Fed. Cir. Mar. 12, 2021) (Dyk, J.) After DePuy sued...

Continue Reading



Knowledge of Patent, Evidence of Infringement Are Necessary, but Not Sufficient, to Establish Willfulness


By on Mar 11, 2021
Posted In Patents

Addressing claim construction, enablement, damages and willfulness, the US Court of Appeals for the Federal Circuit found that evidence of a defendant’s knowledge of the asserted patent and proof of infringement were, by themselves, legally insufficient to support a finding of willfulness. Bayer Healthcare LLC v. Baxalta Inc., Case No. 19-2418 (Fed. Cir. Mar. 1,...

Continue Reading



$6 Million Verdict Vacated in Flooring Tech Trade Secrets Row


By on Feb 11, 2021
Posted In Trade Secrets

The US Court of Appeals for the 11th Circuit reversed a judgment of trade secret misappropriation because the plaintiff had not proved that the defendant’s duty to maintain the secret arose at the time it acquired the secret. AcryliCon USA, LLC v. Silikal GmbH, Case No. 17-15737 (11th Cir. Jan. 26, 2021) (Tjoflat, J.) AcryliCon...

Continue Reading



BLOG EDITORS

STAY CONNECTED

TOPICS

ARCHIVES