Impact of Therasense: Defendant Denied Motion to Plead Inequitable Conduct

In Pixion, Inc. v. Citrix Systems, Inc., No. C 09-03496 (N.D. Cal. April 16, 2012), the court denied Citrix’s motion for leave to amend its Answer to plead the affirmative defense of inequitable conduct because Citrix could… Read More

Ninth Circuit Affirms Narrow Construction of "exceeds authorized access" in the CFAA

The Ninth Circuit has affirmed that the phrase “exceeds authorized access” in the Computer Fraud and Abuse Act (CFAA) should be read to cover only accessing prohibited files, rather than making unauthorized use of files to whi… Read More

Business Methods Patents Still Being Asserted in Litigation

Business methods patents are alive and well, based at least on an anecdotal review of recent court filings.  Consider, for example, a case that I have selected more or less at random, Phoenix Licensing LLC v. Nationwide Mutual In… Read More

Patent Infringement Notice Pleading: A Lesson from Contrasting Cases?

Two recent cases provide a contrast that may illustrate minimum notice pleading requirements for patent infringement plaintiffs.  In j2 Global Communications, Inc. v. Vitelity Communications, LLC, No. CV 11-07904 (C.D. Cal. April… Read More

Intellectual Property Assignments Are Crucial

This item is mainly for non-lawyers.  The worst thing in the world is to have difficulty obtaining an assignment of source code ownership from a software developer, or for the developer to depart with valuable trade secrets.  Wo… Read More