While we often write about section 75-1.1 of North Carolina’s General Statutes on this blog, today’s post examines another statute contained in Chapter 75: the Abusive Patent Assertions Act. First, we’ll take a brief look at the Act. Next, we’ll examine the first (and based on our research, the only) […]
Category: Per Se Violations
A long time ago, there was a beardless comedian named David Letterman. He did a nightly show that you couldn’t stream, pause, or download. And it always included a Top 10 list. Through two recent decisions, you could say that the North Carolina Business Court has picked up Dave’s mantle […]

Cases involving corporate espionage, trade-secret misappropriation, and theft of confidential information frequently involve someone taking information from a company’s computer system. This conduct often spawns claims under North Carolina’s computer trespass statute or a similar federal statute, the Computer Fraud and Abuse Act (CFAA). Today’s post explores several issues surrounding […]

In intellectual property disputes, the strength of a section 75-1.1 claim or an unfair competition claim often rises or falls with a trademark infringement claim. For instance, N.C. Gen. Stat. § 80-12 provides that a violation of state trademark law constitutes a per se violation of section 75-1.1. Additionally, while a […]
