Every once in a while, the U.S. Court of Appeals for the Federal Circuit handles a trade secrets case. In a decision published Monday, the court reversed the grant of a preliminary injunction relating to insulin pump patches....more
In June 2022, the Court of Appeals of North Carolina granted summary judgment (Elite Vehicles v. Lee) for a trade secret misappropriation defendant after the plaintiff principal admitted in deposition that it was “possible”...more
In This Issue -
Transformative Fair Use: Does Andy Warhol Qualify?
On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more
8/9/2022
/ Abandonment ,
Appeals ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Misappropriation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
The Copyright Act ,
Trade Secrets ,
Trademark Expiration ,
Trademark Litigation ,
Trademarks ,
Transformative Use
Most lawyers know, at least generally, that IP infringement and misappropriation actions are subject to various statutes of limitations. Patent actions need to be brought within six years, copyright actions within three, and...more
In This Issue -
Artificial Intelligence: Deepfakes in the Entertainment Industry —
Advances in “deepfake” media techniques that use deep learning AI—from uncanny impersonation videos of Tom Cruise and other...more
2/1/2022
/ Artificial Intelligence ,
Copyright ,
Copyright Litigation ,
Digital Copies ,
Employees ,
Entertainment Industry ,
Ex Partes Reexamination ,
Expungement ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Prior Art ,
The Copyright Act ,
Trade Secrets ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few months, at least three major works have been published on the issue....more
8/25/2019
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Data Protection ,
Defend Trade Secrets Act (DTSA) ,
Ethics ,
Intellectual Property Protection ,
OECD ,
Patent Act ,
Patents ,
Policy Updates ,
Popular ,
Public Safety ,
Technology Sector ,
Trade Secrets ,
Transparency ,
UTSA
A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property -
Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more
2/10/2017
/ Administrative Appointments ,
America Invents Act ,
Appeals ,
Article III ,
Barack Obama ,
Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Data Breach ,
Denial of Certiorari ,
Disparagement ,
DMCA ,
Exclusive Licenses ,
Fashion Design ,
FDCPA ,
File Sharing ,
First Amendment ,
Free Speech ,
Google ,
Injury-in-Fact ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Internet Service Providers (ISPs) ,
IP License ,
Lanham Act ,
Lee v Tam ,
Lenz v Universal Music Corp. ,
Misappropriation ,
Non-Appealable Decisions ,
Non-Practicing Entities ,
Online Videos ,
Oracle ,
Patent Trial and Appeal Board ,
Patents ,
Petition for Writ of Certiorari ,
Popular ,
Privacy Laws ,
SCOTUS ,
Section 337 ,
Software Developers ,
Spokeo v Robins ,
Standing ,
Star Athletica v Varsity Brands ,
Takedown Notices ,
Tariff Act of 1930 ,
Trade Secrets ,
Trademark Registration ,
Trademarks ,
Trans-Pacific Partnership ,
Trump Administration ,
Uniforms ,
USPTO ,
YouTube
28 U.S.C. § 1782: A Powerful Tool in Global Disputes -
As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based...more
10/1/2015
/ 28 U.S.C. § 1782 ,
America Invents Act ,
Claim Construction ,
Copyright ,
Cross-Border ,
Defend Trade Secrets Act (DTSA) ,
Discovery ,
Evidence ,
Foreign Jurisdictions ,
Global Disputes ,
Google ,
Intellectual Property Litigation ,
Kimble v Marvel Enterprises ,
Likelihood of Confusion ,
Multi-Jurisdictional Litigation ,
Patent Royalties ,
Patents ,
POM Wonderful ,
Preliminary Injunctions ,
Rule 11 ,
Testimony ,
Trade Secrets ,
USPTO
California’s Eraser Law: What IP Attorneys and Owners Need to Know -
Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more
6/23/2015
/ Abstract Ideas ,
Attorney's Fees ,
Bad Faith ,
Claim Construction ,
COPPA ,
Copyright Office ,
DMCA ,
Employer Liability Issues ,
Facebook ,
Hiring & Firing ,
Induced Infringement ,
Laches ,
Minor Eraser Law ,
Misappropriation ,
Patents ,
Recruitment Incentives ,
Rulemaking Process ,
Section 101 ,
Social Media ,
Social Networks ,
Software ,
Takedown Notices ,
Trade Secrets ,
Trademarks ,
Twitter
Copyrighting Player-Generated Content in Video Games -
Last year, consumers spent more than $21 billion on the video game industry. The Entertainment Software Association reports that almost 60% of Americans—roughly...more
4/6/2015
/ Claim Construction ,
Clear Error Standard ,
Copyright ,
Costco ,
Entertainment Industry ,
Film Industry ,
Hana Financial v Hana Bank ,
Legislative Agendas ,
Patents ,
Pharmaceutical Patents ,
Tacking ,
Teva Pharmaceuticals ,
Teva v Sandoz ,
The Copyright Act ,
Trade Secrets ,
Trademarks ,
Video Games
Right of Publicity? First, Let Me Take a Selfie -
“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the...more
6/11/2014
/ Domain Names ,
Endorsements ,
First Amendment ,
Free Speech ,
gTLD ,
Inter Partes Review (IPR) Proceeding ,
Internet ,
Inventors ,
Patent Litigation ,
Patents ,
Popular ,
Right of Publicity ,
Trade Secrets ,
UTSA
The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more
2/25/2014
/ America Invents Act ,
Beastie Boys ,
CLS Bank v Alice Corp ,
Copyright ,
Covered Business Method Patents ,
EU ,
European Commission ,
Fair Use ,
First-to-File ,
First-to-Invent ,
GoldieBlox ,
Inter Partes Review (IPR) Proceeding ,
Irreparable Harm ,
Paid Time Off (PTO) ,
Patents ,
Post-Grant Review ,
SCOTUS ,
STEM ,
Trade Secrets ,
Trademark Litigation
January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more
9/26/2013
/ Advertising ,
Calculation of Damages ,
CLS Bank ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Copyright ,
Criminal Prosecution ,
Damages ,
gTLD ,
ICANN ,
Infringement ,
Internet ,
Non-Disclosure Agreement ,
Patent-Eligible Subject Matter ,
Patents ,
Payment Processors ,
PIPA ,
Piracy ,
Proposed Legislation ,
Royalties ,
SOPA ,
Trade Secrets ,
Trademark Clearinghouse ,
Trademarks ,
Ultramercial v Hulu
On March 16, the most significant provisions of the America Invents Act (AIA) came into force. The AIA was seen as the most extensive alteration to patent law in half a century, and was hotly debated over nearly a decade. The...more
7/11/2013
/ America Invents Act ,
Computer Fraud and Abuse Act (CFAA) ,
Cost-Shifting ,
Data Theft ,
European Economic Area (EEA) ,
First-to-File ,
First-to-Invent ,
Industrial Espionage ,
Patent Reform ,
Patent Trolls ,
Trade Secrets ,
USPTO
Continuing the momentum for nationwide legal reform in response to recent high-profile international trade secret thefts, a panel of leading foreign policy and business experts issued a report last month calling for...more
On March 16, 2013, the most significant provisions of the America Invents Act (AIA) came into force. The AIA was seen as the most extensive alteration to U.S. patent law in half a century, and was hotly debated over nearly a...more