The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation. As we did at the close of 2017, we look...more
1/16/2019
/ Automotive Industry ,
Defend Trade Secrets Act (DTSA) ,
Design Patent ,
Driverless Cars ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Post-Grant Review ,
Regulatory Standards ,
Technology ,
Trade Secrets
As outlined in prior articles in this series, the Internet of Things (IoT), or the connection of a variety of devices to collect and exchange data through the internet, has broad potential to impact the automotive industry....more
12/4/2018
/ Automotive Industry ,
Connected Cars ,
EU ,
FRAND ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Internet of Things ,
IP License ,
Non-Practicing Entities ,
Patents ,
Popular ,
Unified Patent System
This has been a year in which automotive technology and the legal issues surrounding it have come increasingly to the forefront, both in legal circles and public perception. Given the many new entrants in the autonomous...more
12/26/2017
/ Automotive Industry ,
Connected Cars ,
Department of Transportation (DOT) ,
Design Patent ,
DRIVE Act ,
Driverless Cars ,
Motor Vehicles ,
NHTSA ,
Patents ,
Technology Sector ,
USPTO
One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. For example, a law firm might represent...more
There are numerous ways in which the terms of an alternative fee arrangement are documented, ranging from a simple email exchange between client and outside lawyer to lengthy addenda to the retention agreement. While no...more
Alternative fee arrangements provide great opportunities for law firms to partner with clients and strengthen relationships. However, not every matter may be appropriate for an alternative fee or in the law firm’s best...more
In this third article in our series about alternative fee arrangement proposals, we discuss five questions that outside lawyers should be able to answer for themselves before submitting an AFA proposal for a litigation matter...more
In-house attorneys routinely receive, review and compare alternative fee arrangement proposals and nearly all law firms regularly submit them, but the parties often do not follow a disciplined approach in developing a...more
An alternative fee arrangement is frequently required as part of a law firm’s response to a client’s request for proposals to handle new litigation matters. In-house attorneys routinely receive, review and compare such...more
Copyright Decisions -
Claim for Copying of Useful Article Design Preempted by Copyright Act: Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084 (5th Cir. Jan. 11, 2017)...more
2/8/2017
/ Dilution ,
ICANN ,
Intent-to-Use ,
IP Assignment Agreements ,
Lanham Act ,
Likelihood of Confusion ,
Music Industry ,
Popular ,
Preemption ,
SaaS ,
Service Marks ,
Social Networks ,
State Law Claims ,
The Copyright Act ,
Trademark Registration ,
Unfair Competition
This article analyzes how district courts have addressed the sufficiency of pleading enhanced damages after Halo at the motion to dismiss stage. (The first article in this two-part series considered district court decisions...more
Copyright Opinions -
Absence of Source Code for Video Games Results in JMOL of Non-Infringement: Antonick v. Electronic Arts, Inc., No. 14-15298 (9th Cir. Nov. 22, 2016).
Hurwitz, J. In a suit for royalties on EA's...more
12/14/2016
/ Amazon ,
Derivative Works ,
Due Process ,
IP License ,
Lanham Act ,
Nintendo ,
Noninfringement ,
Royalties ,
Trademark Infringement ,
Trademark Litigation ,
Use in Commerce ,
Warner Brothers Entertainment
Whether it's hydraulic fracturing fluid ingredients, customer lists, geologic and seismic data or employee know-how, energy companies routinely face trade secret issues. With the enactment of the federal Defend Trade Secrets...more
In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more
Copyright Opinions -
Second Circuit Permits Distribution of Cloud-Based Samples, But Declines to Consider “Novel” Cloud Storage Infringement Issue: Smith v. Barnesandnoble.com, LLC, No. 15-3508 (2d Cir. October 6,...more
11/10/2016
/ Barnes and Noble ,
Cloud Storage ,
Copyright Infringement ,
DMCA ,
Fair Use ,
Fee-Shifting ,
Lanham Act ,
Music Streaming ,
Public Domain ,
Safe Harbors ,
Summary Judgment ,
Trademarks
Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies Washington Redskins' Petition to Join Proceedings -
Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies...more
10/19/2016
/ Blackhorse v Pro-Football ,
Copyright Infringement ,
Copyright Litigation ,
Disparagement ,
First Amendment ,
Lanham Act ,
Misappropriation ,
Petition for Writ of Certiorari ,
Preemption ,
Redskins ,
SCOTUS ,
The Slants ,
Trade Secrets ,
Trademark Litigation
Copyright Opinions -
Unauthorized Copying Not an Element of Prima Facie Infringement Case: Ali v. Final Call, Inc., No 15-2963 (7th Cir. Aug. 10, 2016) -
Wood, J. In a suit alleging copyright infringement through...more
9/23/2016
/ Calculation of Damages ,
Canada ,
Contributory Infringement ,
Copyright Infringement ,
Jurisdiction ,
Lanham Act ,
Photographs ,
Product Packaging ,
SC Johnson ,
Trade Dress ,
Trademark Registration ,
Trader Joes ,
Vicarious Infringement ,
Willful Infringement
Copyright Opinions -
Eleventh Circuit Seeks Florida High Court's Guidance on Pre-1972 Sound Recordings: Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. 15-13100 (11th Cir. June 29, 2016) -
Anderson, J. In a suit...more
8/16/2016
/ Copyright Infringement ,
License Agreements ,
Likelihood of Confusion ,
SiriusXM ,
Sony ,
Sound Recording Copyrights ,
Summary Judgment ,
Trade Dress ,
Trademark Infringement ,
Wine & Alcohol ,
Wineries
Copyright Opinions -
Samples in Madonna's “Vogue” Too Trivial to Be Infringing: VMG Salsoul, LLC v. Ciccone, Nos. 13-57104, 14-55837 (9th Cir. June 2, 2016) -
Graber, J. In a suit claiming infringement of both...more
7/8/2016
/ B&B Hardware v Hargis Industries ,
Burning Man ,
Collateral Estoppel ,
Copyright Infringement ,
Copyright Litigation ,
De Minimus Quantity Exemption ,
Fee-Shifting ,
Injunctive Relief ,
Judgment As A Matter Of Law ,
Noninfringement ,
Popular ,
Sound Recording Copyrights ,
Summary Judgment ,
The Copyright Act ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Visual Artists Rights Act (VARA)
Objective Reasonableness Must Receive “Substantial Weight” in Copyright Attorney-Fee Shifting Decisions:Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 (U.S. June 16, 2016) -
Kagan, J. In a unanimous decision, the...more
6/22/2016
/ Attorney's Fees ,
Copyright Infringement ,
Copyright Litigation ,
DMCA ,
Fee-Shifting ,
Kirtsaeng v. John Wiley & Sons ,
Prevailing Party ,
Safe Harbors ,
SCOTUS ,
Sound Recording Copyrights ,
The Copyright Act ,
Vimeo ,
Willful Blindness
Copyright Opinions -
Sixth Circuit Upholds Siblings' Termination of Brother's Copyright Assignment: Brumley v. Albert E. Brumley & Sons, Inc., No. 15-5429 (6th Cir. May 16, 2016) -
Sutton, J. In a declaratory...more
6/1/2016
/ Acquiescence ,
Attorney's Fees ,
Copyright Litigation ,
Exceptional Case ,
Fair Use ,
Generic ,
IP Assignment Agreements ,
Lanham Act ,
Likelihood of Confusion ,
Octane Fitness v. ICON ,
Sound Recording Copyrights ,
The Copyright Act ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board
The Supreme Court will soon hear oral arguments on standards for awarding attorneys’ fees to the winner of a copyright dispute. Currently there are at least three different test being applied by federal courts. Data analysis...more
4/13/2016
/ Attorney's Fees ,
Certiorari ,
Copyright Infringement ,
Copyright Litigation ,
Fee Awards ,
Fee-Shifting ,
Intellectual Property Litigation ,
Kirtsaeng v. John Wiley & Sons ,
Octane Fitness v. ICON ,
Prevailing Party ,
SCOTUS ,
Split of Authority ,
The Copyright Act
With the explosion of 35 U.S.C. § 101 challenges since Alice v. CLS Bank,1 litigants and courts are well familiar with its applicable two-part inquiry. Overlaying and shaping the Alice inquiry, however, are the parties’...more
3/25/2016
/ Burden of Proof ,
Clear and Convincing Evidence ,
CLS Bank v Alice Corp ,
Federal Rule 12(b)(6) ,
Microsoft ,
Motion for Summary Judgment ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Preponderance of the Evidence ,
SCOTUS ,
Section 101