Eugene Mar at Farella Braun + Martel LLP

Internet Archive's Book Lending May Be Coming to an End

In a closely watched case, the 2d Circuit upheld a decision that Internet Archive's book lending practices violated the authors' copyrights and was not protected by the fair use doctrine. But was this decision really just...more

9/10/2024 / Copyright , Copyright Infringement , e-Books , Fair Use , Internet , Transformative Use

Invention is "on sale" even if it's a secret?

In a case involving the secret formula used to make the sweetener for Coke Zero, the manufacturer of the sweetener sought to patent the formula after first selling the artificial sweetener to Coca-Cola. While the manufacturer...more

8/15/2024 / Intellectual Property Protection , Inventions , Patents

One Judge’s Mission To Unearth Who Is Behind These Patent Trolls

Judge Colm Connolly in the District of Delaware has been pressing many of the patent trolls (LLCs that only own 1 asset - the asserted patent with nominal managers who are just strawmen) who sue in his court to reveal the...more

7/18/2024 / Patent Litigation , Patent Trolls , Patents

Does using patents as loan collateral still create standing issues?

Traditionally, the Federal Circuit had been very strict that a plaintiff must own all the rights to a patent to have standing to bring a lawsuit. But in a few recent cases, the Federal Circuit has become more generous in its...more

7/5/2024 / Borrowers , Collateral , Patent Infringement , Patent Litigation , Patent Ownership , Patents

Is corporate separateness at risk?

At first, many people jumped to the conclusion that this upcoming U.S. Supreme Court case threatens corporate separateness by putting corporate affiliates, who were not part of the lawsuit, at risk of having to pay the...more

6/26/2024 / Lanham Act , SCOTUS , Trademark Infringement , Trademark Litigation , Trademarks

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....more

2/9/2024 / Artificial Intelligence , Copyright , Copyright Infringement , Copyright Litigation , DMCA , Intellectual Property Protection , Machine Learning , Metaverse , Motion to Dismiss , Popular , Technology Sector

Failures Are Valuable IP: Protect Your Startup’s Negative Trade Secrets

Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source code, and algorithms as trade secrets. But tech companies may not be aware of another...more

2/2/2023 / Intellectual Property Protection , Startups , Technology Sector , Trade Secrets

Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Non-Compete Agreements

The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain...more

1/19/2023 / Employment Contract , Federal Trade Commission (FTC) , FTC Act , Hiring & Firing , Non-Compete Agreements , Proposed Rules , Restrictive Covenants , Section 5 , Unfair Competition

[Webinar] SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways - July 27th, 10:00 am - 11:00 am PT

After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of the United States finally put an end to the copyright infringement case Oracle brought against Google. The case was about...more

7/16/2021 / Continuing Legal Education , Copyright , Copyright Infringement , Copyright Litigation , Fair Use , Google , Intellectual Property Litigation , Java , Oracle , Oracle v Google , Popular , SCOTUS , Transformative Use , Webinars

Tips For Banks As USAA Check Deposit Patent Dispute Grows

In January 2020, we wrote a Law360 guest article that highlighted some of the risks that followed Wells Fargo Bank NA's strategy in its patent dispute with the United Services Automobile Association over remote deposit check...more

2/1/2021 / Bank Deposits , Banking Sector , Banks , Financial Institutions , Financial Services Industry , FinTech , Intellectual Property Protection , Inter Partes Review (IPR) Proceeding , IP License , Jury Verdicts , Mobile Banking , Patent Infringement , Patent Invalidity , Patent Litigation , Patent Trial and Appeal Board , Patents , USAA , Wells Fargo

Insights Into the First Patent Trial in Waco, Texas - MV3 Partners v. Roku

A 7-person jury in Waco, Texas, recently returned its verdict in the first patent trial held before Judge Albright: defense verdict, no finding of infringement. In the MV3 Partners v. Roku dispute, MV3 Partners had sought...more

10/23/2020 / Corporate Counsel , Defense Verdict , Evidence , Expert Testimony , Expert Witness , Intellectual Property Protection , Patent Infringement , Patent Litigation , Patents , Popular , Roku

Strategy Lessons From Wells Fargo Fintech Patent Litigation

United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018,...more

Trade Secret Hygiene for Current Employees

In the first two parts of this series on best practices in protecting trade secrets, we addressed risks raised by the arrival and departure of key employees at companies, and failed potential customer-supplier or acquisition...more

1/2/2020 / Best Practices , Confidential Information , Data Protection , Employee Training , Employment Contract , Employment Policies , Hiring & Firing , Information Security , Intellectual Property Protection , Trade Secrets

How Defense Strategies Can Go Awry When Pursuing Concurrent PTAB Relief in Financial Services Patent Litigation

United States Automobile Association (USAA), a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families, filed a surprising...more

Practices to Protect Trade Secrets in Failed Acquisitions and Customer Relationships

In part one of this three-part series on best practices for protecting trade secrets and guarding against claims of trade secret misappropriation, we examined some practice pointers for protecting trade secrets when key...more

11/7/2019 / Acquisitions , Best Practices , Confidential Information , Due Diligence , Intellectual Property Protection , Mergers , Misappropriation , Non-Disclosure Agreement , Trade Secrets

Securing Against Trade Secret Pitfalls and Dangers Arising From Employee Mobility Situations

Picture this: Your company is in a highly competitive industry with several leading players heavily supported by major corporate investors and/or venture capital funds. The market is expected to generate potentially hundreds...more

10/8/2019 / Best Practices , Confidential Information , Electronic Devices , Employment Contract , Forensic Examination , Hiring & Firing , Intellectual Property Protection , Misappropriation , Non-Compete Agreements , Non-Solicitation Agreements , Patents , Recruitment Policies , Risk Mitigation , Termination Clauses , Trade Secrets , Trademarks

The Northern District of California Seeks to Bring More Clarity to Damages with its Latest Revised Patent Local Rules

On January 17, the Northern District of California approved the latest amendments to its Patent Local Rules, which became effective immediately. Traditionally seen as a thought leader on organizing and structuring patent...more

2/2/2017 / Amended Rules , Calculation of Damages , Case Management , Damages , Discovery , FRAND , IP License , Local Rules , Offer of Judgment , Patent Infringement , Patent Litigation , Patents , Rule 68

IP Law December Developments: What to Expect in the Future

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

12/30/2016 / Apple v Samsung , Article of Manufacture , Calculation of Damages , Certiorari , Cisco , Component Parts Doctrine , Copyright , Copyright Infringement , Design Patent , Doctrine of Scénes á Faire , Forum Shopping , Google , Internet , Internet of Things , Java , Oracle , Oracle v Google , Patent Infringement , Patent Litigation , Patents , Popular , Profits , Remand , Reversal , SCOTUS , Silicon Valley , Smartphones , TC Heartland LLC v Kraft Foods , Venue

Eugene Mar

Farella Braun + Martel LLP

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