David Mlaver David Mlaver

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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.

Third Parties Not Responsible for Defective Motion to Seal


By on Jul 22, 2020
Posted In Patents

The US Court of Appeals for the Federal Circuit held that a district court did not abuse its discretion in denying reconsideration of a previous order denying a litigant’s defective motion to seal  with regard to the litigant’s own information, but vacated and remanded for further consideration with regard to third-party information. Uniloc 2017 LLC...

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Fifth Circuit Drills Down to Details in Drilling Database Disagreement


By on Jul 15, 2020
Posted In Copyrights

In a wide ranging opinion, the US Court of Appeals for the Fifth Circuit held that copying unimportant database schema from a proprietary database did not constitute infringement. The Court also held that where the technological measure that the defendant allegedly circumvented did not effectively control access to the work, there was no Digital Millennium...

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Improper Use of Voluntarily Communicated Trade Secrets Sufficient to Maintain Action for Misappropriation in Texas


By on Jul 1, 2020
Posted In Trade Secrets

The US Court of Appeals for the Fifth Circuit held that, under Texas law, a plaintiff can sustain an action for trade secret misappropriation even if the plaintiff voluntarily communicated the alleged trade secrets to the defendant. Hoover Panel Systems, Inc. v. HAT Contract, Inc., Case No. 19-10650 (5th Cir. June 17, 2020) (per curiam).

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Damages Award Crumbles in Texas Concrete Manufacturing Row


By on Jul 1, 2020
Posted In Trade Secrets

The Supreme Court of Texas held that a limited partner had standing to sue for alleged loss in the value of its interest in the partnership, but reversed a damages award in favor of that limited partner for insufficient evidence. Pike v. Texas EMC Management, LLC, Case No. 17-0557 (Tex. June 19, 2020) (Busby, J)...

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Texas Appeals Court: Try Again, and This Time Get the Jury Instructions Right


By on Jun 18, 2020
Posted In Trade Secrets

A Texas Court of Appeals reversed a jury verdict for the plaintiff on claims of trade secret misappropriation under the Texas Uniform Trade Secrets Act (TUTSA) and fraud. The Court reversed the misappropriation verdict because the jury form commingled valid and invalid theories of liability, and reversed the fraud verdict because the jury instructions permitted...

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Willfulness Allegation, Failure to Appear Lead to Nondischargeable Judgment


By on May 19, 2020
Posted In Trade Secrets

The US Court of Appeals for the Sixth Circuit affirmed that a state court’s finding of “willful and malicious injury” in connection with the misappropriation of trade secrets entitled the plaintiff, in the defendant’s subsequent bankruptcy proceeding, to summary judgment of nondischargeability on collateral estoppel grounds. In re Hill, Case No. 19-5861 (6th Cir. May...

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Trade Secret Misappropriators Fail to Launch in Rocket Facility


By on May 14, 2020
Posted In Trade Secrets

Addressing a variety of challenges to a judgment against defendants in a trade secret misappropriation action, the US Court of Appeals for the Third Circuit found that the plaintiff had standing on the basis of lawful possession (as opposed to ownership) of the trade secret materials and that the damages awarded, including punitives, was supported...

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Rock Dust Dust-Up: Failure to Preserve Issues, Present Evidence at Trial Dooms Appeal


By on Apr 2, 2020
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a jury verdict of infringement of a design patent on grounds that purported appellate issues had not been properly presented to the trial court. Hafco Foundry and Machine Co., Inc. v. GMS Mine Repair and Maintenance, Inc., Case No. 18-1904 (Fed. Cir. Mar. 16, 2020)...

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PTAB May Not Cancel Indefinite Claims in IPR, No Matter What


By on Feb 13, 2020
Posted In America Invents Act, Patents

The US Court of Appeals for the Federal Circuit imposed limits on what the Patent Trial and Appeal Board (PTAB) is authorized to do by statute when dealing with challenged claims in an inter partes review (IPR) that it finds to be too indefinite to apply prior art. Samsung Elecs. Am., Inc. v. Prisua Eng’g...

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IPR Institution Requires Reasonable Likelihood that Reference Is Printed Publication


By on Jan 22, 2020
Posted In America Invents Act

In a precedential opinion, the Patent Trial and Appeal Board (PTAB) held that, for institution of an inter partes review (IPR) based on a printed publication, the petitioner must establish a reasonable likelihood that the reference is a printed publication. Hulu, LLC v. Sound View Innovations, LLC, Case No. IPR2018-01039 (PTAB Dec. 20, 2019) (Boalick,...

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