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Intellectual Property & Technology Practice

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Cleaning Up With Trade Secrets Under California’s Right to Know Act Posted on: November 05, 2019 In: Intellectual Property & Technology
Companies who make cleaning products sold in California should take note of a new law coming into effect on January 1, 2020, especially if their products are made from proprietary formulas or include ingredient mixtures that may qualify as company trade secrets.
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Tags:
trade secrets, california, uniform trade secrets act, proprietary formula, cleaning product right to know act
Players v. Haters: Ninth Circuit Says Creativity a Matter of Fact in Taylor Swift Copyright Suit Posted on: October 29, 2019 In: Intellectual Property & Technology
Taylor Swift fans might need to calm down after yesterday’s decision out of the Ninth Circuit. In 2017, two songwriters sued Taylor Swift over the chorus of her hit song “Shake It Off,” alleging her song infringed the copyrighted lyrics in their song “Playas Gon’ Play,” released in 2001.
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Tags:
copyright, ninth circuit, music, creativity, taylor swift
I Can’t Get Sued for Posting a Picture of Myself on Social Media… Can I? Posted on: October 17, 2019 In: Intellectual Property & Technology
The rise of social media has presented the courts with a seemingly never ending slew of counterintuitive, but probably valid claims. For example, the pop star Justin Bieber recently posted an image on his social media of himself and a friend in the backseat of a car. The photo, of course, was taken by a paparazzo undoubtedly lying in wait for just the right opportunity to snap the angst-ridden star. The photographer has now filed suit for copyright infringement against Mr. Bieber.
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Tags:
copyright, social media, photography, infringement, publicity
Supreme Court Agrees to Review Appealability of PTAB Time-Bar Rulings Posted on: June 28, 2019 In: Intellectual Property & Technology
On June 24, 2019, the United States Supreme Court agreed to review the question of whether 35 U.S.C. § 314(d) permits appeal of the Patent Trial and Appeal Board’s (PTAB) decision to institute an inter partes review (IPR) upon finding that 35 U.S.C. § 315(b)’s 1-year time bar to file an IPR does not apply.
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Tags:
inter partes review, supreme court, patents, ptab, federal circuit
Supreme Court Declines to Hear ReDigi First Sale Doctrine Case Posted on: June 28, 2019 In: Intellectual Property & Technology
Despite the potentially important impact of the Second Circuit’s decision in Capitol Records, LLC v. ReDigi Inc. on the digital music industry, the United States Supreme Court has denied ReDigi’s petition to review the Second Circuit’s refusal to apply the First Sale Doctrine to the transfer of digital music files.
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Tags:
first sale doctrine, redigi, supreme court, digital music, copyright
SCOTUS: Free Speech Permits Registration of ‘Immoral or Scandalous’ Trademarks Posted on: June 25, 2019 In: Intellectual Property & Technology
On June 24, 2019, the United States Supreme Court ruled that the US Patent and Trademark Office (PTO) had violated applicant Erick Brunetti’s First Amendment right to free speech by denying him federal registration of the mark “FUCT” for use in his clothing line. In Iancu v. Brunetti, the Court held the Lanham Act’s prohibition on the registration of trademarks that “consist of or comprise immoral or scandalous matter” as unconstitutional.
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Tags:
supreme court, lanham act, free speech, first amendment, immoral or scandalous, trademark law
Claims with Precise Numerical Values - A Cautionary Tale Posted on: June 06, 2019 In: Intellectual Property & Technology
On March 31, 2019, the Federal Circuit Court of Appeals in Cobalt Boats, LLC v. Brunswick Corporation reversed a finding of infringement and vacated a $7.9 million award (inclusive of $2.5 million in attorneys’ fees) previously granted by the Eastern District of Virginia. Cobalt accused Brunswick of infringing their U.S. Patent No. 8,375,880 (the ‘880 patent) directed to a Retractable Step for Boat Swim Platform, issued February 19, 2013.
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Tags:
patents, infringement, precise numerical values, doctrine of equivalents, federal circuit
Privilege Review Presents Unique Challenges In Intellectual Property Cases Posted on: June 03, 2019 In: Intellectual Property & Technology
Intellectual property (IP) litigation typically requires review and production of large volumes of documents and electronically stored information (ESI). The evolution of ESI has greatly multiplied the number of documents and the coincident broadening of the attorney-client, work product, joint defense, and other privileges has made it much more difficult to identify and remove all privileged documents from production, even after the introduction of rules designed to lessen the burden presented by large ESI
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Tags:
ip litigation, electronically stored information, attorney-client privilege, supreme court, document review, discovery
Supreme Court Issues Major Ruling on the Ongoing Viability of Trademark Licenses by Bankrupt Entities Posted on: May 20, 2019 In: Intellectual Property & Technology
At issue in Mission Product Holding v. Tempnology, LLC, was whether a licensee whose license agreement was "rejected" by the bankrupt debtor licensor was permitted to continue using the trademark that was the subject of the license. The debtor/licensor wanted the licensee to cease ongoing usage of the mark and cited to the bankruptcy law's tool of rejection as the basis for doing so. However, the U.S. Supreme Court rejected the proposition that the licensee had to cease usage.
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Tags:
supreme court, trademark, bankruptcy, chapter 11, trademark license
What Wearable Tech Could Mean for Sports as “Hot News”: A Lesson from the Alliance of American Football Posted on: May 17, 2019 In: Intellectual Property & Technology
On April 2, 2019, in the middle of its inaugural season, the nascent Alliance of American Football (AAF) ceased all operations. Within weeks the AAF filed for Chapter 7 bankruptcy, leaving in its wake new technologies that might one day reshape the world of professional sports.
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Tags:
wearable technology, hot news, professional sports, misappropriation, copyright
Patent Litigation Trends in the Wake of TC Heartland Posted on: April 25, 2019 In: Intellectual Property & Technology
In May 2017, the Supreme Court issued TC Heartland v. Kraft Foods Group Brands, a decision that many expected would significantly limit forum shopping in patent cases. Prior to that case, patentees could file infringement lawsuits in any court with personal jurisdiction over the accused infringer, so most corporations were subject to suit in every district court.
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Tags:
patents, patent litigation, tc heartland, venue, supreme court
The Ongoing Evolution Of Patent Venue Posted on: March 21, 2019 In: Intellectual Property & Technology
A refresher and update on the ongoing evolution of what constitutes proper venue in a patent case. For over 20 years, venue in a patent case was proper in essentially any court in the United States. That all changed in May 2017 when the Supreme Court held in TC Heartland LLC v. Kraft Food Grp. Brands, LLC that 28 U.S.C. §1400(b) is the sole and exclusive venue provision for patent infringement actions, and cannot be supplemented by the general venue statute at 28 U.S.C. §1391.
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Tags:
patents, patent litigation, venue, supreme court

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