Stephen Wiman

Stephen Wiman

Nossaman LLP

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Baby vs. Prince – “Let’s Go Crazy”: Fair Use And the Digital Millennium Copyright Act

In view of the Ninth Circuit Court of  Appeals decision in Lenz    v. Universal Music Corp., Case Nos. 13-16106 and 13-16107 (Sept. 14, 2015), copyright owners need to be careful before sending Internet takedown notices for...more

9/21/2015 - Copyright Copyright Infringement Copyright Litigation Digital Media DMCA Fair Use Music Industry Online Videos Takedown Notices Universal YouTube

Strategies For Businesses Protecting Electronic Data Within California: Part Three

In Parts One and Two of this e-alert series, we discussed the federal Computer Fraud And Abuse Act ("CFAA") and its California corollary the California Computer Data Access And Fraud Act (CDAFA). In Part Three, we provide a...more

6/25/2015 - Data Breach Electronically Stored Information Risk Mitigation Stored Communications Act

Strategies For Businesses Protecting Electronic Data Within California

Part One: The Computer Fraud And Abuse Act (18 U.S.C. § 1030 Et Seq.) - Data security is top-of-mind in today's corporate world. According to The Ponemon Institute's 2015 Cost of Data Breach Study, the average total...more

6/16/2015 - CFAA Computer Fraud and Abuse Act Cybersecurity Data Breach Stored Communications Act

Strategies For Businesses Protecting Electronic Data Within California

Businesses in California have a number of tools with which to fight off unauthorized intrusions into their electronic data whether perpetrated by employees, former employees, disreputable competitors or random hackers....more

6/4/2015 - Computer Fraud and Abuse Act Cybersecurity Data Breach Data Protection Risk Assessment Risk Mitigation Stored Communications Act

Good Faith Belief In Patent Invalidity Is No Defense To Claim Of Inducing Infringement

Commil, USA, LLC sued Cisco Systems, Inc. for patent infringement and inducing patent infringement with regard to Commil’s patented method of implementing short-range wireless networks. Today, in Commil, USA, LLC v. Cisco...more

5/27/2015 - Cisco v CommilUSA Good Faith Infringement Intellectual Property Litigation Patent Infringement Patent Litigation Patents SCOTUS Software Technology

Garcia v. Google: Ninth Circuit En Banc Denies Actor’s Copyright Claim In Her Performance

This blog previously discussed the Ninth Circuit Court of Appeals opinion in Garcia v. Google, Inc., (9th Cir. 2014) 766 F.3d 929, reversing a decision of the district court. On Monday, the Ninth Circuit, en banc, in Garcia...more

5/19/2015 - Copyright Infringement Copyright Litigation En Banc Review Entertainment Industry Garcia v Google Google Movies Preliminary Injunctions YouTube

TTAB Decisions May Be Determinative Of Trademark Infringement Litigation

In a well-written opinion, the Supreme Court ruled this week that a final TTAB decision on likelihood of confusion regarding a particular mark can be binding in separate trademark infringement litigation. The Court reversed a...more

3/26/2015 - B&B Hardware v Hargis Industries Likelihood of Confusion Registration SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

On December 15, 2014, The Ninth Circuit En Banc Will Hear Garcia v. Google, Inc./Actors And Producers Await The Result

On Monday, December 15, 2014, the Ninth Circuit en banc will hear argument in Garcia v. Google, Inc. 766 F3d 929 (9th Cir. 2014), amending 743 F.3d 1258 (9th Cir. 2014). A three judge panel of the Ninth Circuit previously...more

12/4/2014 - Copyright Copyright Infringement En Banc Review Entertainment Industry Film Industry Google Movies Popular Video Recordings YouTube

Oral Argument In Teva Pharmaceuticals: Supreme Court To Decide Federal Circuit’s Standard Of Review Of District Court Claim...

On October 15, the Supreme Court heard oral argument in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (No. 13-854). The issue presented in the case is “Whether a district court’s factual finding in support of its...more

10/27/2014 - Claim Construction Patent Infringement Patent Litigation Patents Pharmaceutical Pharmaceutical Patents SCOTUS Teva Pharmaceuticals Teva v Sandoz

Unincorporated Associations Can Protect Unregistered Trademarks Under The Lanham Act

Can an unincorporated association own a trade mark and enforce trademark rights under the Lanham Act? The Ninth Circuit says that it can. (Southern California Darts Association v. Zaffina, No. 13-55780, 2014 U.S. App. Lexis...more

8/18/2014 - Lanham Act Trademark Litigation Trademarks

Federal Circuit Makes ITC Comply With Its Own Rules

In an opinion dated July 18, 2014, in Align Technology, Inc. v. International Trade Commission (Fed. Cir. July 18, 2014, No. 2013-1240, -1363) 2014 U.S. App. Lexis 13717, the Federal Circuit vacated and remanded a decision of...more

7/23/2014 - ALJ Consent Order ITC Patent Litigation Patents

The Patentability Exclusion for "Abstract Ideas" is Even More Abstract Post-Alice

In Alice Corp. Pty. Ltd. v. CLS Bank International, 2014 U.S. Lexis 4303 (June 19, 2014, No. 13-298) the Supreme Court once again addressed what has been termed "business method" patents in the context of determining whether...more

7/17/2014 - Alice Corporation Bilski CLS Bank v Alice Corp Covered Business Method Patents Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS Software

UPDATE: Supreme Court Denies Certiorari For Challenge to Regulation of Speech on Public Broadcast Stations

Two weeks ago, we speculated that the Court would grant certiorari in Minority Television Project, Inc. v. Federal Communications Commission (9th Cir. 2013) 736 F.3d 1192 (en banc) (lead opn. of McKeown, J.). In the case, a...more

7/10/2014 - Advertising Broadcasting Certiorari FCC First Amendment SCOTUS

Supreme Court To Decide Preclusive Effect of TTAB Decisions on Subsequent Court Actions

Last week the Supreme Court granted certiorari to determine whether decisions of the Trademark Trial and Appeals Board (TTAB) concerning likelihood of confusion preclude relitigating that issue in subsequent infringement...more

7/9/2014 - Certiorari Claim Preclusion Infringement Likelihood of Confusion SCOTUS Trademark Litigation Trademark Trial and Appeal Board Trademarks

Supreme Court To Consider Cert. For FCC Regulation Speech On Public Broadcasting Stations

Federal law prohibits non-commercial broadcasters from airing paid advertisements (a) for for-profit entities, (b) issues of public importance or interest, and (c) political candidates. In Minority Television Project, Inc....more

7/2/2014 - Advertising Broadcasting En Banc Review FCC Non-Profits Political Candidates Public Broadcasting SCOTUS

Ideas Can Be Subject to Trade Secret Protection

The Court of Appeal, First Appellate District, recently held that ideas can be subject to trade secret protection; and, in so doing the court gave a primer on the law of trade secrets. In a modern day David and Goliath...more

7/2/2014 - Appeals Konica Minolta Trade Secrets

ABC v. Aereo: Copyright Infringement By Intercepting and Rebroadcasting Copyrighted Programming

In American Broadcasting Companies, Inc. v. Aereo, Inc. (June 25, 2014, No. 13-461) 2014 U.S. Lexis 4496, the issue before the court was “[w]hether a company ‘publicly performs’ a copyrighted television program when it...more

7/2/2014 - ABC ABC v Aereo Aereo Broadcasting Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

Appropriation Art As Fair Use Under The Copyright Act

Appropriation art raises special issues of fair use. An appropriation artist takes the work of another artist and modifies it in some fashion and in the process creates a new work of art. Andy Warhol's Campbell Soup Can...more

5/20/2014 - Appeals Appropriation Art Artists Cariou v Prince Copyright Copyright Infringement Fair Use

California Supreme Court to Determine Whether "Delay For Pay" Settlements in Patent Disputes Violate the Antitrust Provisions of...

Historically, contending parties have settled patent infringement cases by agreeing that the allegedly infringing party will not manufacture the product at issue during the term of the patentee's existing patent in return for...more

4/30/2014 - Cipro FTC v Actavis Patent Infringement Patents Pay-For-Delay Reverse Payment Settlement Agreements Sherman Act

Ninth Circuit Says Film Actor Has Copyright In Performance

Both the intellectual property and creative communities are aghast at the recent decision from two of three judges of the United States Court of Appeals, Ninth Circuit. In Garcia v. Google, Inc., No. 12-57302, 2014 U.S. App....more

3/20/2014 - Actors Copyright Entertainment Industry

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