The end of 2020 marked a major turning point for the video game industry on numerous fronts: The precipitous rise in popularity of — and participation in — esports (bolstered, in part, by stay-at-home orders due to the...more
2/22/2021
/ Biden Administration ,
DMCA ,
Endorsements ,
Entertainment Industry ,
eSports ,
Federal Trade Commission (FTC) ,
Gaming ,
Influencers ,
Loot Boxes ,
Online Gaming ,
Proposed Legislation ,
Sponsorship Agreements ,
Video Games
Does My Video Game Violate Consumers’ Privacy Rights?
The California Consumer Privacy Act (CCPA) is the first broad-based state statute aimed at enhancing personal privacy rights for consumers. Following the example set by...more
7/13/2020
/ Abstract Ideas ,
App Developers ,
Appeals ,
Apple ,
California Consumer Privacy Act (CCPA) ,
Celebrities ,
CLS Bank v Alice Corp ,
Consumer Privacy Rights ,
COPPA ,
Copyright Infringement ,
Department of Justice (DOJ) ,
Dilution ,
False Designation of Origin ,
Federal Trade Commission (FTC) ,
First Amendment ,
Google ,
Interactive Gaming ,
Lanham Act ,
Patent-Eligible Subject Matter ,
Right of Publicity ,
Sports ,
Summary Judgment ,
Trademark Infringement ,
Unfair Competition ,
Unjust Enrichment ,
Video Games
The use of third-party trademarks in video games is not a new phenomenon. In fact, conflicts between game developers and trademark owners have existed for almost as long as the medium itself.1 Now, however, as games continue...more
3/20/2020
/ Appeals ,
First Amendment ,
Gaming ,
Mobile Apps ,
Online Gaming ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Rogers Test ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Video Games
Main Quest: Does Your Gaming Stream Violate the Copyright Act?
Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more
11/13/2019
/ Abstract Ideas ,
Affirmative Defenses ,
Appeals ,
Artificial Intelligence ,
Contributory Infringement ,
COPPA ,
Copyright Infringement ,
Copyright Ownership ,
Defense Strategies ,
Derivative Works ,
DMCA ,
False Advertising ,
False Designation of Origin ,
Federal Trade Commission (FTC) ,
Games ,
Gaming ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Internet Streaming ,
Loot Boxes ,
Name and Likeness ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Preliminary Injunctions ,
Public Performance Rights ,
Securities and Exchange Commission (SEC) ,
Software Patents ,
The Copyright Act ,
Trademark Infringement ,
Unfair Competition ,
USPTO ,
Vicarious Liability ,
Video Games
The rise of the video game industry in recent years has led to growing scrutiny of certain practices by government officials. Most recently, on August 7, 2019, the Federal Trade Commission (FTC) held a public workshop to...more
9/27/2019
/ Class Action ,
Consumer Protection Laws ,
False Advertising ,
Federal Trade Commission (FTC) ,
Illegal Gambling ,
Legislative Agendas ,
Mobile Apps ,
Online Gaming ,
Risk Assessment ,
Risk Mitigation ,
Software Developers ,
Video Games
In the inaugural issue of Video Gaming / E-Gaming Law Update, we explore the legal risks and consumer protection issues surrounding "loot boxes" and summarize recent judicial decisions and new litigation filings that may...more
8/6/2019
/ Amazon Marketplace ,
Copyright Infringement ,
Digital Assets ,
Federal Trade Commission (FTC) ,
Gambling ,
Gaming ,
Intellectual Property Protection ,
Nintendo ,
Online Gaming ,
Proposed Legislation ,
Regulatory Oversight ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Video Games
The stars of intellectual property law have historically been patents, copyrights and trademarks. Trade secrets have long been legally recognized but only recently have begun to share equal billing. The 2016 passage of the...more
In a pair of decisions issued on April 24, 2018, the U.S. Supreme Court clarified the constitutionality of and the appropriate practice for inter partes review. The 7-2 majority opinion in Oil States Energy Services, LLC v....more
5/1/2018
/ America Invents Act ,
Article III ,
Chevron Deference ,
Constitutional Challenges ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
New Guidance ,
Oil States Energy Services v Greene's Energy Group ,
Patents ,
Public Rights Doctrine ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
Seventh Amendment ,
USPTO
U.S. courts have recognized trade secret protection for more than 200 years, and companies have long relied on trade secrets to guard iconic intellectual property, such as the ingredients for Coca-Cola and the Big Mac’s...more
In an 8-0 decision issued on May 22, 2017, the U.S. Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, restricted the available venues for patent litigation claims under 28 U.S.C. § 1400. Under Section...more
5/25/2017
/ Forum Shopping ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
Pharmaceutical Patents ,
Principal Place of Business ,
SCOTUS ,
State of Incorporation ,
State of Residency ,
TC Heartland LLC v Kraft Foods ,
Technology Sector ,
Venue
In a 7-1 decision issued on March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be invoked as a defense against a claim for damages in a patent...more
3/22/2017
/ Appeals ,
Damages ,
Equitable Estoppel ,
Ex Partes Reexamination ,
Laches ,
Patent Infringement ,
Patents ,
Petrella v. MGM ,
Prior Art ,
Rebuttable Presumptions ,
Reversal ,
SCA Hygiene Products Aktiebolag v First Quality Baby Products ,
SCOTUS ,
Statute of Limitations
In a 7-0 decision issued on February 22, 2017, in Life Technologies Corp. v. Promega Corp., the U.S. Supreme Court held that exporting a single component of a multicomponent invention for combination abroad does not give rise...more
2/26/2017
/ Appeals ,
Component Parts Doctrine ,
Cross-Border Transactions ,
Exports ,
Extraterritoriality Rules ,
Jury Verdicts ,
Life Technologies Corp v Promega Corp ,
Manufacturer Liability ,
Motion to Set Aside the Verdict ,
Patent Infringement ,
Patents ,
Popular ,
Reversal ,
SCOTUS ,
Supply Contracts
In a unanimous decision issued on June 13, 2016, the U.S. Supreme Court, in Halo Electronics, Inc. v. Pulse Electronics, Inc., relaxed the standard for awards of enhanced damages under 35 U.S.C. § 284. In so ruling, the Court...more
6/14/2016
/ 35 U.S.C. § 284 ,
Abuse of Discretion ,
Enhanced Damages ,
Halo v Pulse ,
Highmark ,
Judicial Discretion ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patents ,
SCOTUS ,
Standard of Proof ,
Standard of Review ,
Stryker v Zimmer ,
Willful Infringement
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA, or Act) into law. The DTSA, among other things, amends the Economic Espionage Act to create, for the first time, a federal private civil...more
5/13/2016
/ Asset Seizure ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Ex Parte ,
Injunctions ,
Misappropriation ,
Private Right of Action ,
Statute of Limitations ,
Trade Secrets ,
UTSA ,
Whistleblower Protection Policies
In a 7-2 decision issued on January 20, 2015, the U.S. Supreme Court, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., held that the Federal Circuit must review factual findings underlying claim construction for clear...more
In a unanimous decision issued on June 19, 2014, the U.S. Supreme Court found that patent claims for managing risk in a financial transaction were drawn to an abstract idea that was patent-ineligible under 35 U.S.C. § 101....more
6/20/2014
/ Alice Corporation ,
America Invents Act ,
CLS Bank ,
CLS Bank v Alice Corp ,
Mayo v. Prometheus ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Risk Mitigation ,
SCOTUS ,
USPTO
In a decision issued on June 2, 2014, the U.S. Supreme Court lowered the bar for parties arguing patent indefiniteness under 35 U.S.C. § 112. Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369 (U.S. June 2, 2014). The...more
In a unanimous decision issued on June 2, 2014, the U.S. Supreme Court significantly tightened the requirements for proving inducement of infringement of method patent claims under 35 U.S.C. § 271(b). Limelight Networks, Inc....more
In companion decisions issued on April 29, 2014, the U.S. Supreme Court significantly relaxed the standard for an award of attorneys’ fees under 35 U.S.C. § 285. Octane Fitness, LLC v. ICON Health & Fitness, LLC, ___ U.S. ___...more
On June 13, 2013, the Supreme Court issued its long-awaited decision in Assoc. for Molecular Pathology v. Myriad Genetics, Inc., U.S., No. 12–398 (Myriad). In a unanimous opinion, the Court held that a naturally occurring DNA...more
Why this case is important:
- First decision to set a framework for determining a FRAND royalty; and
- Provides guidance for calculating the value of a SEP, affecting (1) SEP holders and potential licensees...more
On December 28, 2012, President Obama enacted the Theft of Trade Secrets Clarification Act of 2012. The Act clarifies the scope of Section 1832 of the Economic Espionage Act and attempts to reverse the Second Circuit’s recent...more