Sebastian Kaplan

Sebastian Kaplan

Fenwick & West LLP

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Supreme Court's Petrella Decision Eliminates the Laches Defense as an Absolute Bar to Copyright Claims

In the coming months, authors of copyrighted materials may begin resurrecting long buried works and asserting infringement claims against current users. The doctrine of laches — a plaintiff’s unreasonable delay in bringing...more

5/21/2014 - Copyright Copyright Infringement Infringement Laches Petrella v. MGM SCOTUS

Intellectual Property Bulletin - Winter 2014

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 Proceedings Irreparable Harm Patents Post-Grant Review PTO SCOTUS STEM Trade Secrets Trademark Litigation

U.S. Court of Appeals for the Ninth Circuit Rules There Is No Cause of Action for “Contributory Cybersquatting”

On December 4, the Ninth Circuit ruled that the 1999 Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d) does not provide a cause of action for contributory cybersquatting. In Petroliam Nasional Berhad...more

12/31/2013 - ACPA Contributory Infringement Cybersquatting Domain Names GoDaddy.com PETRONAS Trademarks

Ninth Circuit Rejects Presumption of Irreparable Harm for Trademark Owners

Reversing decades of precedent, on Monday the Ninth Circuit ruled that trademark owners no longer enjoy a presumption of irreparable harm when seeking a preliminary injunction. As we wrote last year, the presumption of...more

12/5/2013 - Irreparable Harm Preliminary Injunctions Rebuttable Presumptions Trademarks

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