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United States: DOJ Announces First Settlement To Resolve Alleged FCA Violations By A PPP Borrower And Its CEO - Winston & Strawn LLP

On January 12, 2021, the U.S. Attorney's Office for the Eastern District of California announced the first civil settlement resolving alleged violations of the False Claims Act ("FCA")
Tags: News, United States, Doj, PPP, Eastern District of California, Strawn LLP

United States: Federal Circuit Denies Intel's Mandamus Petition | Jury Selection February 11 - Winston & Strawn LLP

The Federal Circuit denied Intel's mandamus petition seeking to vacate Judge Albright's order re-transferring the case from the Austin Division back to the Waco Division pursuant to...
Tags: News, Intel, United States, Albright, Federal Circuit, WINSTON, Strawn LLP, Waco Division, Austin Division, Federal Circuit Denies Intel

United States: Federal Circuit Clears VLSI And Intel Trial - Winston & Strawn LLP

The Federal Circuit denied Intel's mandamus petition seeking to vacate Judge Albright's order re-transferring the case from the Austin Division back to the Waco Division pursuant to...
Tags: News, Intel, United States, Albright, Federal Circuit, Strawn LLP, Waco Division, Austin Division, Federal Circuit Clears VLSI, Intel Trial Winston

United States: Advisory Opinion Clarifies Expansive PREP Act Preemption - Winston & Strawn LLP

Conversely, the Advisory Opinion provides that a failure to purchase any PPE, "if not the outcome of some form of decision-making process," may not be sufficient to trigger the PREP Act.
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United States: In Order To Pursue A Motion To Amend, Exclusive Licensee Needs To Produce License Establishing That It Has Power To Amend Patent - Winston & Strawn LLP

After institution, the exclusive licensee filed a motion to amend. The exclusive licensee had demonstrated that it had "all substantial rights" in the patent and was the real party-in-interest.
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Worldwide: Commerce Identifies Five Countries And One Individual As "Foreign Adversaries" - Winston & Strawn LLP

This designation subjects certain transactions involving information and communications technology to heightened scrutiny, and those transactions may be prohibited.
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United States: The EEOC Issues New Proposed Wellness Guidance – Is It The Cure We Have Been Waiting For? - Winston & Strawn LLP

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) released two new proposed rules on wellness programs (the Proposed Rules).
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United States: Court Battle Between India's SaaS Industry Leaders Being Fought In California - Winston & Strawn LLP

Interestingly, even though both parties operate in Chennai and the alleged theft occurred in India, Zoho has opted to litigate its claims in the United States.
Tags: News, United States, Chennai, Strawn LLP, California Winston, India Zoho

China: New Judicial Interpretation In China Strengthens Protection Of Trade Secrets - Winston & Strawn LLP

China's Supreme People's Court recently issued a judicial interpretation regarding the adjudication of civil suits for trade secret theft
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China: Husband Joins Wife In Pleading Guilty To Stealing Trade Secrets From Children's Hospital - Winston & Strawn LLP

Yu Zhou, a Chinese National, recently admitted to conspiring with his wife to steal cutting-edge research from the Ohio children's hospital that employed the couple.
Tags: News, China, Ohio, Strawn LLP, Chinese National, Children s Hospital Winston, Yu Zhou

United States: California Governor Signs Executive Order On Climate Change - Winston & Strawn LLP

On September 23, 2020, California Governor Gavin Newsom issued Executive Order N-19-19, outlining a number of actions the state will take to combat climate change.
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United States: Updated Equator Principles Include Additional ESG Due Diligence Requirements - Winston & Strawn LLP

There are several key areas of change in EP4. First, EP4 provides additional due diligence measures and protections of human rights.
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United States: Board Will Not Analyze RPI Where Contested Identify Of Correct RPI Makes No Material Difference To Institution - Winston & Strawn LLP

On December 4, the PTAB designated this decision precedential for its holding regarding naming all real parties in interest in the petition.
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United States: EPA Finalizes Regulations Ending "Once-In-Always-In" Policy - Winston & Strawn LLP

The final rule represents the EPA's withdrawal of the once-in-always-in policy and codifies EPA's 2018 guidance on this topic.
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United States: Precedential: IPR ‘Real Party In Interest' Should Be Interpreted Broadly And Expansively - Winston & Strawn LLP

In a trio of related opinions, the PTAB terminated IPR petitions brought by RPX because the petitions did not name Salesforce as a real party in interest (RPI) and because Salesforce was time barred under 35 U.S.C. § 315(b) from filing.
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United States: No Discretionary Denial When Parallel District Court Case Is Currently Stayed - Winston & Strawn LLP

In a case where a parallel district court proceeding between the parties had already been stayed pending resolution of the IPR petition.
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United States: Stipulation To Not Pursue In A Parallel Proceeding The Same Grounds Or Any Grounds That Could Have Been Reasonably Raised In An IPR Weighs Strongly In Favor Of Institution - Winston & Strawn LLP

Petitioner had filed a stipulation in a parallel district court proceeding that if the PTAB instituted IPR.
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United States: Federal Circuit Affirms PTAB Allowance Of New Evidence On Reply - Winston & Strawn LLP

The Federal Circuit affirmed the PTAB's evidentiary ruling allowing an IPR petitioner to present new evidence of a reference's publication date on reply.
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United States: To Which Points Of The Export Control Law Should We Pay Attention? - Winston & Strawn LLP

On October 17, 2020, the Export Control Law of the People's Republic of China was adopted at the 22nd Session of the Standing Committee of the 13th National People's Congress ("NPC"); it took effect on December 1, 2020.
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China: Expanded Implementation Of Qualified Foreign Limited Partnership Heats Up Foreign Equity Investments In China - Winston & Strawn LLP

China has introduced various forms of foreign investments in the gradual process of opening up its capital market to foreign investors.
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United States: Ninth Circuit Rules That The Identification Of A Trade Secret May Be Developed Through Discovery - Winston & Strawn LLP

The Ninth Circuit's ruling departs from the rule under California state law that identifying the trade secret with reasonable particularity is a prerequisite to discovery.
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United States: U.S. Justice Department Touts Success, Continued Need For China Initiative On Trade Secrets - Winston & Strawn LLP

According to the DOJ, 80 percent of the economic espionage cases and more than half of all trade secret cases it brings "allege conduct that would benefit the Chinese state."
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United States: Judge Upholds "Willful And Malicious" Trade-Secret Misappropriation Verdict In Produce Preservation Case - Winston & Strawn LLP

AgroFresh developed SmartFresh, a product that preserves harvested produce by releasing a gas that delays ripening, with the help of a consultant.
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United States: Recently Filed Lawsuit By Trinseo Highlights The Potential For The Rapid Spread Of Misappropriated Trade Secrets - Winston & Strawn LLP

In the "standard" trade secret misappropriation case, Company A's trade secret is misappropriated by Company B and used internally by Company B alone to gain an unfair advantage.
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United States: Limitations On PREP Act Preemption As Basis For Removal - Winston & Strawn LLP

As litigation involving the Public Readiness and Emergency Preparedness Act (PREP Act) and the Department of Health and Human Services (HHS) COVID-19 Declaration grows.
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United States: HHS Issues Fourth Amendment To PREP Act COVID-19 Declaration - Winston & Strawn LLP

On December 3, 2020, the Department of Health and Human Services (HHS) issued an expansive Fourth Amendment to its original Public Readiness and Emergency Preparedness Act (PREP Act) Declaration for Medical Countermeasures Against COVID-19.
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United States: Tire Purchaser's Standing Argument Fails To Gain Traction With The Third Circuit - Winston & Strawn LLP

A few weeks ago, the U.S. Court of Appeals for the Third Circuit decided Thorne v. Pep Boys Manny Moe & Jack Inc.
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United States: First Circuit Decision Underscores The Importance Of Meeting The Definition Of A Trade Secret As It Relates To Compilations - Winston & Strawn LLP

TLS conceded that the Reports were comprised of publicly available information applied to private client information, and that standing alone, neither would be protectable as trade secrets Id. at 53.
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United States: Judges Kara Farnandez Stoll And Alan D Albright Provide Insights Into The Use Of Remote Court Proceedings At The Annual Berkeley-Stanford Advanced Patent Law Institute - Winston & Strawn LLP

At the Annual Berkeley-Stanford Advanced Patent Law Institute, panelists including U.S. Circuit Judge Kara Farnandez Stoll and U.S. District Judge Alan D Albright offered an in-depth look at the latest developments in patent law and practice.
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United States: Six Key Patent Trial Insights From Judge Albright And Members Of The American College Of Trial Lawyers - Winston & Strawn LLP

On December 15, 2020, Winston & Strawn partner Mike Tomasulo had the opportunity to discuss trial strategies for patent trials with Judge Alan D Albright and two other fellows of the American College of Trial Lawyers.
Tags: News, United States, Albright, Winston Strawn, Strawn LLP, Alan D Albright, American College Of Trial Lawyers Winston, Mike Tomasulo