Fenwick & West LLP

And the Winner is? Digital Platform Liability for Trademark Infringement

Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself infringe…more

ACPA, Amazon, Consumer Confusion, Contributory Infringement, Copyright

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Litigation Alert: Supreme Court Revives 'Divided Infringement' Defense to Inducement

Limelight Networks, Inc. v. Akamai Technologies, Inc., No. 12-786, Slip Op. (June 2, 2014) - The United States Supreme Court has revived “divided infringement” as a defense to claims for inducement of patent infringement…more

Akamai Technologies, Infringement, Limelight, Limelight Networks, Patent Infringement

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Could Offensive Trademarks Find Refuge in Common Law?

The 177-page tome the Trademark Trial and Appeal Board (TTAB) just issued in Blackhorse v. Pro-Football Inc. is remarkable for its length and its subject matter, cancellation of the controversial REDSKINS mark as disparaging to…more

Blackhorse v Pro-Football, Disparagement, Football, Good Faith, Laches

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Executive Compensation and Employee Benefits Alert: 2015 IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former…more

Employee Stock Purchase Plans, Filing Requirements, Incentive Stock Options, IRS, Reporting Requirements

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Litigation Alert: Ninth Circuit Issues Key Ruling on Pleading of Loss Causation in Securities Class Actions

Loos v. Immersion Corp., et. al., Case No. 12-15100, ---F.3d--- (9th Cir. 2014) - On August 7, 2014, the Ninth Circuit issued a key opinion on the pleading of loss causation in securities class actions, ruling for the…more

Class Action, Internal Investigations, Loss Causation, Securities, Securities Litigation

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Antitrust Is Alive and Well and Lurks in Unlikely Places

A recent story in the Bay Area legal newspaper The Recorder had this headline: “Former Bazaarvoice CEO Takes Stand to Explain Damning Email.” That is not the kind of media attention that any CEO likes to have or the way he or…more

Competition, Email, Enforcement, Hart-Scott-Rodino Act

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Purchasing Flowers Ends in Reforming Browsewrap Agreements

A California Court of Appeal has taken its first stance on the website design requirements necessary for an enforceable browsewrap agreement. On March 17, 2016 the Court of Appeal affirmed the California Superior Court of Los…more

Browsewrap Agreement, Clickwrap Agreements, Contract Formation, Internet Retailers, Terms of Use

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Results of the 2015 Proxy Season in Silicon Valley

Shareholder activism has been a significant phenomenon amongst the largest U.S. public companies, with activists of a variety of stripes waging campaigns on a wide range of issues. As such activism has continued to grow, it has…more

Annual Meeting, Corporate Governance, Life Sciences, Proxy Season, Say-on-Pay

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Delaware Chancery Court Rejects Allegations Assailing Independence Of VC Directors In Dismissing Derivative Suit

A recent Delaware Chancery Court decision dismissing derivative fiduciary duty claims has significance for public companies with board members who are associated with venture capital firms…more

Cybersecurity, Data Protection, Data Security, DE Supreme Court, Derivative Suit

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Litigation Alert: Supreme Court’s Lexmark Decision Creates Uniform Federal False Advertising Standing Requirement

On March 25, the Supreme Court issued its opinion in Lexmark International v. Static Control Components, ruling that Static Control may proceed with its false advertising counterclaim under Section 43(a) of the Lanham Act…more

False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components, SCOTUS

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Quit Your Griping: The USPTO Is Doing Pretty Well These Days

The USPTO is getting it from all sides lately. It’s become too easy, some say, to get a patent—examiners are in the pockets of large corporations. Others argue that no, it’s at best a crap shoot, with the outcome depending on…more

USPTO

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Privacy Alert: The Privacy Shield, As It Stands Today

Following the invalidation of the US-EU Safe Harbor by the Court of Justice of the European Union in October last year (see From a Safe Harbor to a Privacy Shield), the U.S. Department of Commerce and the EU Commission have…more

Data Protection Authority, EU, EU-US Privacy Shield, International Data Transfers, Self-Certification

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Litigation Alert: FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to App Developers

FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to App Developers - On July 10, 2015, the Federal Communications Commission (“FCC”) issued a much-anticipated…more

ATDS, Auto-Dialed Calls, Declaratory Rulings, FCC, Mobile Apps

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Intellectual Property Bulletin - Fall 2015

Judge Leval Illuminates Google Books Fair Use Issues - Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case - Based on the defense of fair use, the Second Circuit affirmed summary judgment for…more

Author's Guild v Google, Copyright, Fair Use, Google Books, Transformativeness

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How to Correctly Apply the Alice Examination Guidance

In my previous post, I provided an explanation of Abstract Ideas under Alice, emphasizing that to be an ineligible abstract idea, a claim must recite a fundamental building block of human ingenuity. How then does an examiner…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, SCOTUS

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SEC Announces $30 Million Whistleblower Award to Non-U.S. Resident

On Monday, September 22, 2014, the SEC announced that it expected to award between $30 and $35 million to a non-U.S. whistleblower who provided the SEC with information about “an ongoing fraud that would have been very difficult…more

Chief Compliance Officers, Dodd-Frank, FCPA, Foreign Nationals, Fraud

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Life Sciences Alert: Unanimous Supreme Court Decision in Ass'n for Mol. Pathology v. Myriad Genetics Inc.

Yesterday, a unanimous Supreme Court decision in Ass’n for Mol. Pathology v. Myriad Genetics, Inc., held that Myriad’s claims directed to “a naturally occurring segment of … [DNA]” are not patent eligible despite their…more

AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad

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Executive Compensation Alert: SEC Issues Final CEO Pay Ratio Rule

On August 5, 2015, the Securities and Exchange Commission (the “SEC”) voted 3-2 to adopt the final “pay ratio” disclosure rule. This long-awaited, controversial rule is issued pursuant to Section 953(b) of the Dodd-Frank Wall…more

CEOs, Disclosure Requirements, Executive Compensation, Median Employee, Pay Ratio

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Executive Compensation and Corporate and Securities Alert: SEC Adopts NYSE and Nasdaq Rules Relating to Compensation Committees and Compensation Consultants

On January 11, 2013 the Securities and Exchange Commission ("SEC") approved the equity listing standards proposed by the NYSE and Nasdaq, as amended1 regarding compensation committee independence criteria and compensation…more

Compensation Committee, Dodd-Frank, Executive Compensation, Independence Rules, Listing Standards

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Legal FAQ: Introduction to Patent Litigation

1. Who enforces a patent? The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from…more

ITC, Patent Infringement, Patent Litigation, Patents, USPTO

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California Legislature Acts to Outlaw Pre-Employment Mandatory Agreements to Arbitrate Labor Code Claims

In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory agreements to arbitrate Labor Code violations against California public policy…more

AFL-CIO, Arbitration, Class Action Arbitration Waivers, Federal Arbitration Act, Governor Brown

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Mergers and Acquisitions Alert: Lazard v. Qinetiq: Important Lessons for Structuring Earn-Outs

Overview - A recent Delaware Supreme Court case authored by Chief Justice Strine upholds the literal meaning of an earn-out provision that limited the buyer from taking action “intended to reduce or limit an earn-out…more

Corporate Counsel

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FCC Changes to the Telephone Consumer Protection Act Take Effect October 16

Effective October 16, 2013, there will be significant changes to the Federal Communications Commission’s (“FCC”) rules implementing the Telephone Consumer Protection Act of 1991 (the “TCPA”), 47 U.S.C. § 227. Of particular…more

FCC, Robocalling, Spam, TCPA, Telemarketing

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Litigation Alert: California Bans Non-Disparagement Clauses in Consumer Contracts

On September 9, 2014, Governor Jerry Brown signed into law AB 2365, popularly referred to as the “Yelp” bill. The new law, codified at California Civil Code section 1670.8, will prohibit the use of “non-disparagement” clauses in…more

Clickwrap Agreements, Corporate Counsel, New Legislation, Non-Disparagement Provisions, Online Reviews

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Publicity rights vs. the First Amendment

The right of publicity continues to emerge as a significant intellectual property right of which businesses must be aware—not only in the context of advertising and marketing, but in the context of a company’s product itself…more

Advertising, First Amendment, Right of Publicity, Transformativeness

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Riddle Me This: The Federal Circuit Provides a Measure of Clarity to the Enigmatic Biosimilar Approval Pathway

In Amgen Inc. v. Sandoz Inc. (No. 2015-1499), a fractured panel of the Federal Circuit Court of Appeals recently decided two issues of first impression relating to the Biologics Price Competition and Innovation Act of 2009…more

aBLA, Amgen, Biosimilars, BPCIA, Commercial Marketing

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Lingering in Lexmark's wake, uncertainty about the limits of patent exhaustion

According to ten judges of the Federal Circuit, a patent owner’s right to sue for infringement in the United States is not exhausted by sales of products abroad or by sales subject to valid post-sale contractual restrictions on…more

Corporate Counsel, First Sale Doctrine, Foreign Sales, Lexmark, Patent Exhaustion

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Securities Enforcement Alert: SEC Increases Scrutiny of “Unicorns” and Other Private Companies and Secondary Market Trading of Pre-IPO Shares - Urges Private Companies to Adopt Enhanced Controls Long Before IPO

In an unprecedented one-day blitz, the Chair of the Securities and Exchange Commission was joined by the SEC Enforcement Director in events in Silicon Valley and San Francisco on March 31 focused on one message: the SEC is…more

Enforcement Actions, Investor Protection, Privately Held Corporations, Rule 10b-5, SEC

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Intellectual Property Alert: Supreme Court Rules Against Broadly Claimed Software Patents, But Offers No Clear Test for Abstract Ideas

In a unanimous decision, the Supreme Court held that patent claims directed to abstract ideas do not become patent eligible by the “mere recitation” of generic computer elements. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, No…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Privacy Alert: California Passes Trio of New Online Privacy and Data Security Measures

In the last month, the California legislature passed and Governor Jerry Brown signed into law amendments to two of California’s signature privacy and data security laws and one new consumer privacy law aimed at enhancing privacy…more

CalOPPA, Cybersecurity, Data Protection, Internet, Privacy Laws

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Infrastructure Deals Dominate Digital Health Investment in 2015

Among its list of defining quotes of 2015, Rock Health included one from a physician who was frustrated with the fact that, as she put it, “In my hospital there are 19 software systems across departments – few of which…more

Digital Health, Healthcare, Infrastructure, Life Sciences, Mobile Apps

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Life Sciences Alert: Unanimous Supreme Court Decision in Ass'n for Mol. Pathology v. Myriad Genetics Inc.

Yesterday, a unanimous Supreme Court decision in Ass’n for Mol. Pathology v. Myriad Genetics, Inc., held that Myriad’s claims directed to “a naturally occurring segment of … [DNA]” are not patent eligible despite their…more

AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad

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Tax Alert: AM 2015-01—Does Previously Taxed Income “Tier up” to a Domestic Corporate Shareholder?

In a recent chief counsel memorandum (AM 2015-01), the IRS addressed a long uncertain tax question: when a US corporate shareholder includes an amount in income under subpart F, does the subpart F inclusion increase the…more

IRS, Shareholder Distributions, Shareholders, Subpart F, Tax-Free Transfers

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Litigation Alert: 8th Circuit Clarifies Reach of Copyright Act in Preempting Right of Publicity Claims

8th Circuit affirms summary judgment in favor of NFL on former NFL players’ right of publicity claim, finding the claim to be preempted by the Copyright Act. Courts around the country have long struggled to define and…more

Athletes, Copyright, Name and Likeness, NFL, Preemption

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Trademark Alert: Are You Ready For The New gTLDs? The Trademark Clearinghouse Opens March 26

The universe of generic top-level domains (gTLDs), currently limited to about a dozen gTLDs such as .com, .net, and .org, will likely explode later this year, as some of the more than 1000 potential new gTLDs are rolled out,…more

Brand, Cybersquatting, gTLD, Trademark Clearinghouse, Trademarks

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Executive Compensation and Employee Benefits Alert: 2015 IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former…more

Employee Stock Purchase Plans, Filing Requirements, Incentive Stock Options, IRS, Reporting Requirements

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Legislative Update

Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay differential between male and…more

Anti-Retaliation Provisions, Fair Pay Act, Governor Brown, New Legislation, PAGA

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Intellectual Property Bulletin - Spring 2014

Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the…more

Domain Names, Endorsements, First Amendment, Free Speech, gTLD

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Investment in eHealth: 2014, and what the future holds

Digital health, a category that was virtually nonexistent five years ago, has exploded in recent years and shows the potential to remake the way healthcare is delivered worldwide. Rock Health, the digital health incubator,…more

Digital Health, Emerging Technology Companies, Healthcare, Venture Funding

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Litigation Alert: Ninth Circuit Assesses Use of Player Likenesses in Video Games

On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases..…more

Electronic Arts, Endorsements, First Amendment, Lanham Act, NCAA

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Executive Compensation and Employee Benefits Alert: 2015 IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former…more

Employee Stock Purchase Plans, Filing Requirements, Incentive Stock Options, IRS, Reporting Requirements

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Litigation Alert: Federal Circuit Expands Liability for Divided Patent Infringement

On August 13, 2015, the Federal Circuit in Akamai Technologies, Inc. v. Limelight Networks, Inc. changed the law regarding liability for direct infringement of a method patent involving more than one actor (divided…more

Akamai Technologies, Covered Business Method Patents, Divided Infringement, En Banc Review, Limelight

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Intellectual Property Bulletin - Fall 2012

In This Issue: - Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement - Free and Open-Source Software Diligence in Mergers, Acquisitions, and…more

Copyright, Disclaimers, Fair Use, Infringement, Preemption

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Tax Alert: FTB Disallows California Qualified Small Business Stock Benefits

The California Franchise Tax Board (FTB) recently issued FTB Notice 2012-03, stating that the FTB will disallow the exclusion or deferral of gain under California's qualified small business stock (QSBS) statute for all tax years…more

Commerce Clause, Cutler v Franchise Tax Board, Franchise Tax Board, Gain Exclusion, Income Taxes

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Advanced Copyright Issues on the Internet

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet - III. Application Of Copyright Rights To Specific Acts On The Internet - IV…more

Copyright, Corporate Counsel, Cross-Border Transactions, Internet

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Mergers and Acquisitions Alert: Lazard v. Qinetiq: Important Lessons for Structuring Earn-Outs

Overview - A recent Delaware Supreme Court case authored by Chief Justice Strine upholds the literal meaning of an earn-out provision that limited the buyer from taking action “intended to reduce or limit an earn-out…more

Corporate Counsel

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Foreign Marks Vulnerable in US

“Cancellable? Unenforceable? Why?” This is likely to be the reaction of most foreign owners of U.S. trademark applications and registrations, and of many of their U.S. counsel, when challenged by claims that the owner lacked…more

Intent-to-Use, Registration, Trademark Act, Trademarks

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Trademark Alert: Are You Ready For The New gTLDs? The Trademark Clearinghouse Opens March 26

The universe of generic top-level domains (gTLDs), currently limited to about a dozen gTLDs such as .com, .net, and .org, will likely explode later this year, as some of the more than 1000 potential new gTLDs are rolled out,…more

Brand, Cybersquatting, gTLD, Trademark Clearinghouse, Trademarks

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Mergers & Acquisitions Alert: Controlling Stockholder Squeeze-Outs May Be Structured to Achieve Deferential “Business Judgment Rule” Under Delaware Law

In Kahn v. M&F Worldwide Corp. (Del. Mar. 14, 2014), the Delaware Supreme Court recently decided that a going private transaction sponsored by the controlling stockholder of a Delaware corporation may, under certain…more

Business Judgment Rule, Controlling Stockholders, MFW, Shareholder Litigation, Shareholders

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28 U.S.C. § 1782: A Powerful Tool in Global Disputes

As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, § 1782…more

28 U.S.C. § 1782, Antitrust Litigation, Corporate Counsel, Cross-Border, Discovery

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Privacy and Information Security Alert: Federal Trade Commission Recommendations for Companies Providing Mobile Shopping Applications

On August 1, 2014, the Federal Trade Commission (FTC) released a report entitled What’s the Deal? An FTC Study on Mobile Shopping Apps (the FTC Report). The FTC Report is based on a study the FTC conducted (the FTC Study) to…more

Data Protection, FTC, Information Reports, Mobile Apps, Mobile Payments

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Intellectual Property Bulletin - Fall 2015

Judge Leval Illuminates Google Books Fair Use Issues - Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case - Based on the defense of fair use, the Second Circuit affirmed summary judgment for…more

Author's Guild v Google, Copyright, Fair Use, Google Books, Transformativeness

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Divided Infringement Challenges for Personalized Medicine

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit last month held in Akamai Tech. Inc. v. Limelight Networks Inc. that “direct infringement liability of a method claim under 35 U.S.C…more

Abstract Ideas, Direct Infringement, Divided Infringement, Limelight v Akamai, Patent Infringement

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Litigation Alert: Federal Circuit’s Ariosa Decision, Good Chance for Rehearing En Banc

In June of this year, the Federal Circuit panel in Ariosa Diagnostics, Inc. v. Sequenom, Inc. invalidated a patent on the grounds of patent-ineligible subject matter. 788 F.3d 1371 (Fed. Cir. 2015). While the case is one of many…more

Declaratory Rulings, DNA, En Banc Review, Life Sciences, Mootness

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Intellectual Property Bulletin - Summer 2015

28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities…more

28 U.S.C. § 1782, America Invents Act, Claim Construction, Copyright, Cross-Border

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Intellectual Property Bulletin - Winter 2015

Copyrighting Player-Generated Content in Video Games - Last year, consumers spent more than $21 billion on the video game industry. The Entertainment Software Association reports that almost 60% of Americans—roughly 200…more

Claim Construction, Clear Error Standard, Copyright, Costco, Entertainment Industry

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Securities Litigation and Enforcement Newsletter

SEC Enforcement Trends for 2016 - Welcome to the latest edition of Fenwick and West’s Securities Litigation and Enforcement Newsletter. In this newsletter, we look at SEC enforcement trends for 2016, starting with a recap…more

Accounting Fraud, Auditors, Confidentiality Agreements, Cooperation, Dodd-Frank

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Litigation Alert: Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the Right of Publicity

The Ninth Circuit affirmed the right of filmmakers and writers to use the story of Army Master Sgt. Jeffrey Sarver, an Army bomb disposal technician in Iraq, in the creation of the film The Hurt Locker. Sarver v. Chartier, 16…more

Anti-SLAPP, Authors, Dismissals, Film Industry, First Amendment

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Tax Alert: FTB Disallows California Qualified Small Business Stock Benefits

The California Franchise Tax Board (FTB) recently issued FTB Notice 2012-03, stating that the FTB will disallow the exclusion or deferral of gain under California's qualified small business stock (QSBS) statute for all tax years…more

Commerce Clause, Cutler v Franchise Tax Board, Franchise Tax Board, Gain Exclusion, Income Taxes

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Intellectual Property Bulletin - Spring 2014

Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the…more

Domain Names, Endorsements, First Amendment, Free Speech, gTLD

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Legal FAQ: Section 337 Investigations Before the International Trade Commission

What types of intellectual property claims can be brought before the International Trade Commission? - The U.S. International Trade Commission (“ITC”) investigates claims of unfair competition under Section 337 of the…more

Copyright, ITC, Misappropriation, Patents, Section 337

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New Patent Claim Construction Review Standard

In early 2015, the U.S. Supreme Court changed the standard of review for patent claim construction with its decision in Teva Pharmaceuticals USA v. Sandoz Inc., 135 S. Ct. 831 (2015) (Teva I). Previously, the U.S. Court of…more

Agency Deference, Claim Construction, Clear Error Standard, De Novo Standard of Review, Nautilus Inc. v. Biosig Instruments

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Silicon Valley Venture Capital Survey - Fourth Quarter 2015

Background - We analyzed the terms of 152 venture financings closed in the fourth quarter of 2015 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Valuation results in 4Q15 were…more

Capital Raising, Liquidation, Silicon Valley, Surveys, Valuation

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M&A Litigation Update: Delaware Chancery Court Delivers Devastating Blow to Disclosure Settlements

A new decision makes clear that parties should no longer expect the Delaware Court of Chancery to approve broad settlements of M&A class actions based on supplemental proxy disclosures. Chancellor Andre Bouchard issued a 42-page…more

Class Action, Corporate Counsel, Disclosure, Proxy Statements, Real Estate Market

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Article 29 Working Party Criticizes Privacy Shield

On April 13, 2016, the Article 29 Working Party, which is a group composed of representatives of the national data protection authorities in Europe (“WP29”), published its opinion (“Opinion”) on the EU–U.S. Privacy Shield. The…more

Article 29 Working Party (WP29), Binding Corporate Rules, EU, EU-US Privacy Shield, European Commission

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Intellectual Property Bulletin - Spring 2014

Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the…more

Domain Names, Endorsements, First Amendment, Free Speech, gTLD

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Highmark and Octane Helped, But Legislation on Fee Shifting Still Necessary

There is a continued need for patent reform to address the asymmetrical costs that patent litigation imposes on defendants. Given the substantial costs imposed on U.S. technology companies by the number of suits brought by…more

Fee-Shifting, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement, Patent Litigation

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Executive Compensation and Employee Benefits Alert: 2015 IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former…more

Employee Stock Purchase Plans, Filing Requirements, Incentive Stock Options, IRS, Reporting Requirements

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Litigation Alert: The Supreme Court’s Omnicare Decision Clarifies When an Opinion Stated in a Registration Statement Can Give Rise to Section 11 Liability

Overview - On March 24, 2015, the Supreme Court issued its opinion in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, a highly anticipated case concerning the circumstances under which…more

Omnicare v Laborers District Council, Registration Statement, SCOTUS, Statement of Facts, Statement of Opinion

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Legal Resource Guide for Startup Entrepreneurs

In this Guide: - Guide to Starting a Corporation - Venture Capital for High Technology Companies - Angel/Seed Financing Survey – 2012: Internet/Digital Media and Software Industries - Trends in…more

Entrepreneurs, Patents, Startups, Venture Capital

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Litigation Alert: Supreme Court Relaxes Standard for Fee Shifting in Patent Cases

In a pair of decisions issued yesterday, the United States Supreme Court unanimously lowered the threshold for obtaining attorneys’ fees in patent cases pursuant to 35 U.S.C. § 285 and increased the level of deference owed to a…more

Attorney's Fees, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement, Patent Litigation

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Intellectual Property Bulletin - Winter 2016

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a General…more

Attorney's Fees, Dismissals, Disparagement, EU, European Commission

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Intellectual Property Bulletin - Winter 2016

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a General…more

Attorney's Fees, Dismissals, Disparagement, EU, European Commission

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Purchasing Flowers Ends in Reforming Browsewrap Agreements

A California Court of Appeal has taken its first stance on the website design requirements necessary for an enforceable browsewrap agreement. On March 17, 2016 the Court of Appeal affirmed the California Superior Court of Los…more

Browsewrap Agreement, Clickwrap Agreements, Contract Formation, Internet Retailers, Terms of Use

See All Updates »

Executive Compensation and Employee Benefits Alert: 2015 IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former…more

Employee Stock Purchase Plans, Filing Requirements, Incentive Stock Options, IRS, Reporting Requirements

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Privacy Alert: New COPPA Rule Effective July 1, 2013

New amendments to the Children’s Online Privacy Protection Rule go into effect today, July 1, 2013. Amongst the significant changes introduced by the new Rule, the newly expanded definition of “personal information” and new…more

COPPA, Data Collection, Internet, New Regulations, Right to Privacy

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U.S. Supreme Court Upholds Ban on Post-Patent Expiration Royalties

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” 379 U.S. 29, 32 (1964). On June 22,…more

Breach of Contract, Brulotte, IP License, Kimble v Marvel Enterprises, License Agreements

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Bag Checks for Apple Employees Not Compensable Time

Apple Inc. recently convinced a California federal district court to dismiss a certified class action alleging that Apple had a legal duty to pay store workers for time spent on bag checks at the end of shifts…more

Apple, CA Supreme Court, Class Action, FLSA, Integrity Staffing v Busk

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Executive Compensation Alert: SEC Issues Final CEO Pay Ratio Rule

On August 5, 2015, the Securities and Exchange Commission (the “SEC”) voted 3-2 to adopt the final “pay ratio” disclosure rule. This long-awaited, controversial rule is issued pursuant to Section 953(b) of the Dodd-Frank Wall…more

CEOs, Disclosure Requirements, Executive Compensation, Median Employee, Pay Ratio

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Litigation Alert: The CJEU's Decision on Safe Harbor and its Effects on US Technology Companies

The CJEU’s Decision on Safe Harbor and its Effects on US Technology Companies - On October 6, 2015, the Court of Justice of the European Union (“CJEU”), the European Union’s highest court, issued a groundbreaking judgment…more

Data Protection, Data Protection Authority, EU, EU Data Protection Laws, Facebook

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Litigation Alert: The Supreme Court’s Omnicare Decision Clarifies When an Opinion Stated in a Registration Statement Can Give Rise to Section 11 Liability

Overview - On March 24, 2015, the Supreme Court issued its opinion in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, a highly anticipated case concerning the circumstances under which…more

Omnicare v Laborers District Council, Registration Statement, SCOTUS, Statement of Facts, Statement of Opinion

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Litigation Alert: SCOTUS Grants Certiorari to Review Ninth Circuit’s Spokeo Decision Granting Standing To Enforce Statutory Rights in the Absence of Monetary Harm

In an important move that may clarify standing in a variety of consumer cases, the U.S. Supreme Court on April 27, 2015 granted review in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014), cert. granted, 135 S. Ct. 323 (U.S…more

Article III, Certiorari, Class Action, FCRA, Federal Jurisdiction

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Intellectual Property Bulletin - Fall 2015

Judge Leval Illuminates Google Books Fair Use Issues - Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case - Based on the defense of fair use, the Second Circuit affirmed summary judgment for…more

Author's Guild v Google, Copyright, Fair Use, Google Books, Transformativeness

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Article 29 Working Party Criticizes Privacy Shield

On April 13, 2016, the Article 29 Working Party, which is a group composed of representatives of the national data protection authorities in Europe (“WP29”), published its opinion (“Opinion”) on the EU–U.S. Privacy Shield. The…more

Article 29 Working Party (WP29), Binding Corporate Rules, EU, EU-US Privacy Shield, European Commission

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Thwarting 'The Great Patent Revolt' in your Engineering Organizations

When a patent practitioner reads an article calling on engineers to stage a patent strike within their organizations, alarm is the natural reaction. For in-house counsel, such articles and sentiments (which I have found to be…more

Patent Applications, Patents

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Litigation Alert: 8th Circuit Clarifies Reach of Copyright Act in Preempting Right of Publicity Claims

8th Circuit affirms summary judgment in favor of NFL on former NFL players’ right of publicity claim, finding the claim to be preempted by the Copyright Act. Courts around the country have long struggled to define and…more

Athletes, Copyright, Name and Likeness, NFL, Preemption

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28 U.S.C. § 1782: A Powerful Tool in Global Disputes

As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, § 1782…more

28 U.S.C. § 1782, Antitrust Litigation, Corporate Counsel, Cross-Border, Discovery

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Executive Compensation and Employee Benefits Alert: 2015 IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former…more

Employee Stock Purchase Plans, Filing Requirements, Incentive Stock Options, IRS, Reporting Requirements

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M&A Litigation Update: Delaware Chancery Court Delivers Devastating Blow to Disclosure Settlements

A new decision makes clear that parties should no longer expect the Delaware Court of Chancery to approve broad settlements of M&A class actions based on supplemental proxy disclosures. Chancellor Andre Bouchard issued a 42-page…more

Class Action, Corporate Counsel, Disclosure, Proxy Statements, Real Estate Market

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Securities Enforcement Alert: SEC Increases Scrutiny of “Unicorns” and Other Private Companies and Secondary Market Trading of Pre-IPO Shares - Urges Private Companies to Adopt Enhanced Controls Long Before IPO

In an unprecedented one-day blitz, the Chair of the Securities and Exchange Commission was joined by the SEC Enforcement Director in events in Silicon Valley and San Francisco on March 31 focused on one message: the SEC is…more

Enforcement Actions, Investor Protection, Privately Held Corporations, Rule 10b-5, SEC

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Corporate and Securities Alert: SEC Guidance on Using Social Media to Disclose Material Non-public Information

On April 2, 2013, the Securities and Exchange Commission issued noteworthy guidance on the use of social media to disclose material information in compliance with Regulation FD (Fair Disclosure)…more

Facebook, Investors, Netflix, Public Disclosure, Reed Hastings

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Another Look at U.S. Federal Income Tax Treatment of Contingent Earnout Payments

The sale of a company in an M&A transaction often involves consideration to the selling shareholders that is deferred and contingent on subsequent events in the life of the company, such as the post-acquisition performance of…more

Earn-Outs, EBITDA, Income Taxes, Valuation

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Intellectual Property Bulletin - Winter 2016

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a General…more

Attorney's Fees, Dismissals, Disparagement, EU, European Commission

See All Updates »

Executive Compensation and Employee Benefits Alert: 2015 IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former…more

Employee Stock Purchase Plans, Filing Requirements, Incentive Stock Options, IRS, Reporting Requirements

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EEOC Conciliation Efforts Subject To Limited Judicial Review

In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are subject to judicial review, although such review is limited to ensure that…more

Coal Industry, Conciliation, Discrimination, EEOC, Hiring & Firing

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Antitrust Alert: New HSR Thresholds for 2016

The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect the end of February. All transactions closing on or after the effective date will be governed by the new…more

Antitrust Provisions, DOJ, Filing Requirements, FTC, Hart-Scott-Rodino Act

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Life Sciences Alert: Unanimous Supreme Court Decision in Ass'n for Mol. Pathology v. Myriad Genetics Inc.

Yesterday, a unanimous Supreme Court decision in Ass’n for Mol. Pathology v. Myriad Genetics, Inc., held that Myriad’s claims directed to “a naturally occurring segment of … [DNA]” are not patent eligible despite their…more

AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad

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Legal Resource Guide for Startup Entrepreneurs

In this Guide: - Guide to Starting a Corporation - Venture Capital for High Technology Companies - Angel/Seed Financing Survey – 2012: Internet/Digital Media and Software Industries - Trends in…more

Entrepreneurs, Patents, Startups, Venture Capital

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Silicon Valley Venture Survey - Second Quarter 2015

Background - We analyzed the terms of 166 venture financings closed in the second quarter of 2015 by companies headquartered in Silicon Valley. - Overview of Fenwick & West Results - Valuation results continued to…more

Corporate Restructuring, Emerging Technology Companies, Silicon Valley, Software Developers, Venture Capital

See All Updates »

Intellectual Property Bulletin - Summer 2015

28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities…more

28 U.S.C. § 1782, America Invents Act, Claim Construction, Copyright, Cross-Border

See All Updates »

Intellectual Property Bulletin - Winter 2015

Copyrighting Player-Generated Content in Video Games - Last year, consumers spent more than $21 billion on the video game industry. The Entertainment Software Association reports that almost 60% of Americans—roughly 200…more

Claim Construction, Clear Error Standard, Copyright, Costco, Entertainment Industry

See All Updates »

Securities Litigation Alert: GlaxoSmithKline and Five Executives Convicted of Bribery in China

On Friday, September 19, 2014, a Chinese court found pharmaceutical giant GlaxoSmithKline guilty of bribing doctors and hospitals in order to increase sales of the company’s products in China. Among other things, the company was…more

Bribery, China, Foreign Nationals, Foreign Official, GlaxoSmithKline

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Intellectual Property Bulletin - Summer 2015

28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities…more

28 U.S.C. § 1782, America Invents Act, Claim Construction, Copyright, Cross-Border

See All Updates »

The Top Seven Takeaways from the December, 2015 Federal Rules Amendments

Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate “over-preservation” of records and expedite…more

Case Management, Discovery, Document Requests, Electronically Stored Information, Federal Rules of Civil Procedure

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Litigation Alert: FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to App Developers

FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to App Developers - On July 10, 2015, the Federal Communications Commission (“FCC”) issued a much-anticipated…more

ATDS, Auto-Dialed Calls, Declaratory Rulings, FCC, Mobile Apps

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Article 29 Working Party Criticizes Privacy Shield

On April 13, 2016, the Article 29 Working Party, which is a group composed of representatives of the national data protection authorities in Europe (“WP29”), published its opinion (“Opinion”) on the EU–U.S. Privacy Shield. The…more

Article 29 Working Party (WP29), Binding Corporate Rules, EU, EU-US Privacy Shield, European Commission

See All Updates »

Supreme Court Redefines the Standard for Indefiniteness in Patent Cases

In Nautilus, Inc. v. Biosig Instruments, Inc., a unanimous Supreme Court reversed the Federal Circuit and redefined the standard for indefiniteness under Section 112, ¶ 2. No. 13-369, 572 U.S. ___ (2014) (“Slip Op.”). The Court…more

Claim Construction, Indefiniteness, Nautilus Inc. v. Biosig Instruments, Patent Infringement, Patent Litigation

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Deciding Which Inventions to Patent

In the early stages of development, inventors and their employers are often confused about what to patent. When faced with a dizzying array of new products and feature enhancements, it may be tempting to select the flashiest…more

Patent Applications, Patents

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Other Employment-Related Bills Awaiting Action by California Governor

In addition to AB 465, California employers should watch for Governor Jerry Brown’s actions as to the following employment-related bills: SB 358: The California Fair Pay Act is directed at closing the pay differential…more

California Family Rights Act (CFRA), Employment Policies, Family-School Partnership Act, Governor Brown, New Legislation

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Life Sciences Financing Survey - First Half, 2013

In This Issue: - Summary - Analysis of Industry Data - Detailed Fenwick & West Results: Valuation - Detailed Fenwick & West Results: Financing Terms …more

Biotechnology, Financing, Life Sciences, Pharmaceutical Industry

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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 suit…more

Copyright, Copyright Infringement, Infringement, Laches, Petrella v. MGM

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#AliceStorm: When It Rains, It Pours...

Last year I christened the post-Alice impact on patents #Alicestorm, riffing on the hashtag #hellastorm used to refer to the Pineapple Express storms the drenched the Bay Area in December 2014. This year we have El Niño…more

Abstract Ideas, CLS Bank v Alice Corp, Corporate Counsel, Covered Business Method Proceedings, Patent Invalidity

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Litigation Alert: Supreme Court Revives 'Divided Infringement' Defense to Inducement

Limelight Networks, Inc. v. Akamai Technologies, Inc., No. 12-786, Slip Op. (June 2, 2014) - The United States Supreme Court has revived “divided infringement” as a defense to claims for inducement of patent infringement…more

Akamai Technologies, Infringement, Limelight, Limelight Networks, Patent Infringement

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IRCA Does Not Preempt FEHA, But Limits Available Remedies

In Salas v. Sierra Chemical Co., the California Supreme Court addressed the issue of whether the federal Immigration Reform and Control Act (“IRCA”) preempts the application of the antidiscrimination provisions of California’s…more

Discrimination, FEHA, Immigrants, Immigration, IRCA

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Fenwick Employment Brief - June 2013: Alert: “Unpaid Interns” Held to be Employees Who Should Have Been Paid

As this FEB went to publication, a federal district court in New York issued an important — and very instructive — decision on the compensation of unpaid interns at for-profit companies. In Glatt v. Fox Searchlight Pictures, the…more

FLSA, Internships, Minimum Wage, Unpaid Interns, Wages

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Tax Alert: FTB Disallows California Qualified Small Business Stock Benefits

The California Franchise Tax Board (FTB) recently issued FTB Notice 2012-03, stating that the FTB will disallow the exclusion or deferral of gain under California's qualified small business stock (QSBS) statute for all tax years…more

Commerce Clause, Cutler v Franchise Tax Board, Franchise Tax Board, Gain Exclusion, Income Taxes

See All Updates »

Intellectual Property Bulletin - Summer 2015

28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities…more

28 U.S.C. § 1782, America Invents Act, Claim Construction, Copyright, Cross-Border

See All Updates »

Executive Compensation and Employee Benefits Alert: IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former employees)…more

Employee Benefits, Employee Stock Purchase Plans, Executive Compensation, Filing Requirements, IRS

See All Updates »

Will Namenda IR Withdrawal Force A Legal Switch on Product Hopping?

On September 15, 2014, New York Attorney General Eric Schneiderman filed an anti-trust lawsuit against the specialty pharmaceutical company Forest Laboratories and its new owner, Actavis. In the suit, Schneiderman alleges the…more

Actavis Inc., Generic Drugs, Pharmaceutical Industry, Prescription Drugs, Product Hopping

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Acquisitive Reorganizations Under 367(b) (Updated)

This outline discusses, in plain English, the regulatory provisions called into play under IRC § 367(b) on acquisitive mergers and other non-divisive corporate reorganizations. A Section 367(b) acquisitive reorganization…more

Acquisitions, Foreign Corporations, Foreign Subsidiaries, Internal Revenue Code (IRC), IRC Section 367(b)

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Who Gives A Sheet About Graphene?

Graphene — a sheet of graphite that is one carbon atom thick — has been the subject of research efforts since the 1960s. With recent advances in synthesis methods, development of graphene-based inventions and the corresponding…more

Patents, Technology

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Intellectual Property Bulletin - Winter 2016

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a General…more

Attorney's Fees, Dismissals, Disparagement, EU, European Commission

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Landmark Decision Limits the Authority of the International Trade Commission

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the…more

Imports, Indirect Infringement, Induced Infringement, ITC, Patent Infringement

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Executive Compensation and Employee Benefits Alert: 2015 IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former…more

Employee Stock Purchase Plans, Filing Requirements, Incentive Stock Options, IRS, Reporting Requirements

See All Updates »

Privacy Alert: The Privacy Shield, As It Stands Today

Following the invalidation of the US-EU Safe Harbor by the Court of Justice of the European Union in October last year (see From a Safe Harbor to a Privacy Shield), the U.S. Department of Commerce and the EU Commission have…more

Data Protection Authority, EU, EU-US Privacy Shield, International Data Transfers, Self-Certification

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Intellectual Property Bulletin - Spring 2014

Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the…more

Domain Names, Endorsements, First Amendment, Free Speech, gTLD

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Growth Equity: Who is in Control?

As I discussed in an earlier article, growth equity (or growth capital) resides on the continuum of private equity investing at the intersection of venture capital and control buyouts. Growth capital is designed to facilitate…more

Breach of Contract, Debt Financing, Injunctions, Minority Shareholders, Private Equity

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Intellectual Property Bulletin - Winter 2016

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a General…more

Attorney's Fees, Dismissals, Disparagement, EU, European Commission

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Lingering in Lexmark's wake, uncertainty about the limits of patent exhaustion

According to ten judges of the Federal Circuit, a patent owner’s right to sue for infringement in the United States is not exhausted by sales of products abroad or by sales subject to valid post-sale contractual restrictions on…more

Corporate Counsel, First Sale Doctrine, Foreign Sales, Lexmark, Patent Exhaustion

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Intellectual Property Bulletin - Spring 2015

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a…more

Abstract Ideas, Attorney's Fees, Bad Faith, Claim Construction, COPPA

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Litigation Alert: Federal Circuit Split on Patent Eligible Subject Matter Analysis

Last week, the Federal Circuit, sitting en banc, issued a much-anticipated decision in CLS Bank Int'l, et al., v. Alice Corporation Pty, Ltd. involving the test for when computer-related inventions are unpatentable "abstract…more

CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents

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Silicon Valley Venture Capital Survey - Fourth Quarter 2015

Background - We analyzed the terms of 152 venture financings closed in the fourth quarter of 2015 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Valuation results in 4Q15 were…more

Capital Raising, Liquidation, Silicon Valley, Surveys, Valuation

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Intellectual Property Bulletin - Fall 2015

Judge Leval Illuminates Google Books Fair Use Issues - Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case - Based on the defense of fair use, the Second Circuit affirmed summary judgment for…more

Author's Guild v Google, Copyright, Fair Use, Google Books, Transformativeness

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U.S. Tax Developments Affecting Financial Institutions and Products

Recent months have seen significant IRS and judicial developments affecting financial institutions and market participants, including new FATCA changes and proposed regulations on dividend equivalent payments under section…more

Banks, Corporate Taxes, FATCA, FFI, IGAs

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Technology and Life Sciences IPO Survey - 2015, Full Year

This report analyzes key aspects of initial public offerings (IPOs) for 94 technology and life sciences companies that went public in 2015. Our IPO Survey was developed for clients, friends and others interested in considering…more

Conversion, Initial Public Offerings, Life Sciences, Surveys, Tech Industry

See All Updates »

Intellectual Property Bulletin - Spring 2015

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a…more

Abstract Ideas, Attorney's Fees, Bad Faith, Claim Construction, COPPA

See All Updates »

Antitrust Alert: New HSR Thresholds for 2016

The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect the end of February. All transactions closing on or after the effective date will be governed by the new…more

Antitrust Provisions, DOJ, Filing Requirements, FTC, Hart-Scott-Rodino Act

See All Updates »

Intellectual Property Bulletin - Winter 2015

Copyrighting Player-Generated Content in Video Games - Last year, consumers spent more than $21 billion on the video game industry. The Entertainment Software Association reports that almost 60% of Americans—roughly 200…more

Claim Construction, Clear Error Standard, Copyright, Costco, Entertainment Industry

See All Updates »

Intellectual Property Bulletin - Spring 2014

Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the…more

Domain Names, Endorsements, First Amendment, Free Speech, gTLD

See All Updates »

Intellectual Property Bulletin - Winter 2016

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a General…more

Attorney's Fees, Dismissals, Disparagement, EU, European Commission

See All Updates »

Bag Checks for Apple Employees Not Compensable Time

Apple Inc. recently convinced a California federal district court to dismiss a certified class action alleging that Apple had a legal duty to pay store workers for time spent on bag checks at the end of shifts…more

Apple, CA Supreme Court, Class Action, FLSA, Integrity Staffing v Busk

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Litigation Alert: U.S. Supreme Court Raises the Stakes in Trademark Proceedings at the TTAB

This week, the Supreme Court issued an important ruling that will significantly impact the way parties handle trademark disputes in the United States. The opinion in B&B Hardware, Inv. v. Hargis Industries, Inc., 575 U.S. ____;…more

B&B Hardware v Hargis Industries, Issue Preclusion, Lanham Act, Legal History, Likelihood of Confusion

See All Updates »

Technology and Life Sciences IPO Survey - 2015, Full Year

This report analyzes key aspects of initial public offerings (IPOs) for 94 technology and life sciences companies that went public in 2015. Our IPO Survey was developed for clients, friends and others interested in considering…more

Conversion, Initial Public Offerings, Life Sciences, Surveys, Tech Industry

See All Updates »

Legal FAQ: Section 337 Investigations Before the International Trade Commission

What types of intellectual property claims can be brought before the International Trade Commission? - The U.S. International Trade Commission (“ITC”) investigates claims of unfair competition under Section 337 of the…more

Copyright, ITC, Misappropriation, Patents, Section 337

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Corporate Alert: China’s New Tax Regulation on Indirect Disposals Complicates Certain Offshore M&A Deals

In 2009, China’s State Administration of Taxation (SAT) promulgated Circular 698 to empower PRC tax authorities to re-characterize transfers by non-PRC residents of shares in offshore companies that hold equity interests in…more

China, Equity Securities, Offshore Companies, PRC Taxation Administration, Tax Avoidance

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California Attorney General Issues Privacy Guidelines for Websites

In the wake of numerous high-profile breaches of user privacy and complaints about sites that track the online activity of users, California Attorney General Kamala Harris has released a 28-page set of recommendations for how…more

CalOPPA, Data Breach, Data Protection, Data-Sharing, Kamala Harris

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Judge Leval Illuminates Google Books Fair Use Issues Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case

Based on the defense of fair use, the Second Circuit affirmed summary judgment for Google in the decade-long copyright battle between an authors group and the Internet search giant. The lawsuit concerned Google’s right to copy…more

Authors Guild, Copyright, Copyright Infringement, Derivative Works, Fair Use

See All Updates »

Contact

Silicon Valley Center
801 California Street
Mountain View, CA 94041, United States

  • 650-988-8500
  • 650-938-5200

Areas of Practice
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Energy & Utilities
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
See more
Locations
Other U.S. Locations
  • California
  • Washington
Other Countries
  • China
Number of Attorneys

100+ Attorneys

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