Stephen Wiman

Stephen Wiman

Nossaman LLP

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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 Public Service Announcement 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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