Adobe

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Lessons from Adobe’s State AG Data Breach Settlement

Last month, several state Attorneys General announced a $1M settlement with Adobe Systems, Inc. in connection with a 2013 data incident involving the personal information of roughly 534,000 consumers. The 15 Attorneys General...more

Adobe Reaches $1M Settlement with 15 States Related to 2013 Data Breach of Customer Data

Last week, attorneys general in 15 states announced a $1 million settlement with Adobe Systems Inc. (“Adobe”), concluding a multistate investigation related to a 2013 breach of Adobe customer data. The breach, which was...more

Adobe Settles With 15 States For 2013 Data Breach

Adobe Systems, Inc. (“Adobe”) agreed to settle an investigation by 15 states related to an incident in 2013 in which Adobe was the victim of a data security breach that exposed the user name, account information, and credit...more

DOJ and FTC Issue Antitrust Guidance for Human Resource Professionals

Everyone knows that price-fixing among sellers of competing products is illegal, but price-fixing by buyers can also violate the antitrust laws. That is true even in the market for buying services of employees, regardless of...more

Piracy Pays (The IP Owner) – Judge Whyte Grants Motion for Default Judgment After Awarding Sanctions in Unauthorized Software...

Order Granting Motion for Default Judgment, Adobe Systems Inc. v. Software Tech, et al., Case No. 5:14-cv-02140-RMW (Judge Ronald M. Whyte) - Everyone in the software field (and probably every computer user) is familiar...more

First Circuit Opens New World of Potential Liability for Video Producers

You may be too young for this to have been a big thing to you, but almost 30 years ago, D.C. Circuit Judge Robert Bork was nominated to the Supreme Court, and Washington, D.C. went into a tizzy. Coming as it did just a year...more

Pre-Issuance Damages Possible Only If You “Know” About the Published Application - Rosebud LMS Inc. v. Adobe Systems Inc.

Addressing for the first time the notice requirement for pre-issuance damages under 35 USC § 154(d), the US Court of Appeals for the Federal Circuit affirmed the grant of summary judgment of no pre-issuance damages where the...more

Sullivan & Worcester Files Amicus Brief on Behalf of Major Brand Companies Supporting EPA’s Clean Power Plan

WASHINGTON, DC – April 1, 2016 – Sullivan & Worcester today filed an amicus brief on behalf of four global brand companies with significant energy footprints in nearly every state in the country in the U.S. Court of Appeals...more

Pre-Issuance Damages for Patent Infringement – A Very Rare Remedy

The Federal Circuit Court of Appeals recently addressed an issue of first impression: what is the “actual notice” required under 35 U.S.C. §154(d) for a patent owner to recover damages for a defendant’s infringing conduct...more

Actual Notice Requirement Presents Challenge for Collecting Pre-Issuance Damages

Most patent owners are aware that under 35 U.S.C. § 154(d), publication of a United States patent application confers provisional rights to the patent owner. The provisional rights allow an owner to collect damages for...more

Party Raising “First Sale” Defense to Copyright Infringement Bears Initial Burden of Proof - Adobe Systems Inc. v. Christenson et...

Addressing the appropriate allocation of the burden of proof related to the “first sale” defense to copyright infringement, the U.S. Court of Appeals for the Ninth Circuit confirmed that the initial burden of proof falls on...more

Actual Knowledge of a Published Application Can Trigger Pre-Issuance Damage (Quick Put Your Head in the Sand)

In Rosebud LMS Inc. v. Adobe systems Inc., [2015-1428] (February 9, 2016), the Federal Circuit affirmed the grant of summary judgment that Adobe Systems Inc. was not liable for pre-issuance damages under 35 U.S.C. §154(d)...more

Copyright Infringement and the First Sale Defense

The Ninth Circuit’s recent decision in the case of Dolby Systems, Inc. v. Christenson, focuses primarily on the issue of which party bears the initial burden of proof with regard to a “first sale” defense in a copyright...more

First Sale Defense Blocks “Slam Dunk” Copyright Violation

The Ninth Circuit recently addressed the burden of proof applicable to the first sale defense to a copyright infringement claim. That defense provides that, once a copy of a work is lawfully sold or transferred, the new owner...more

Software Is Unpatentable Despite Being Directed To A Particular Technical Environment

Robinson, J. Defendants’ motions for summary judgment of invalidity are granted and plaintiffs’ cross-motions of validity are denied. Defendants’ motions to strike the expert declaration are denied as moot....more

Internet Savvy Senior Lacks Standing to Bring Website Privacy Putative Class Claims Against AARP

The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect personal information...more

Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm

In the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), the Seventh Circuit Court of Appeals...more

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more

Seeking Clarity on SEC Disclosure Obligations Related to Cybersecurity

In response to increasing pressure to update its existing disclosure guidance regarding cybersecurity risks and cyber-incidents, the U.S. Securities and Exchange Commission (the “SEC”) is widely expected to overhaul its...more

Adobe settles proposed class action data breach case with award of $1.18 million for plaintiffs’ attorneys

Adobe Systems, Inc. has agreed to settle the proposed class action lawsuit filed against it following the breach of its system in 2013. The breach compromised personal and payment card data of millions of its customers. There...more

En Banc Federal Circuit Broadens What Constitutes A Means-Plus-Function Limitation (Williamson V. Citrix)

Yesterday, the Federal Circuit issued a decision in Williamson v. Citrix that includes an en banc portion that broadens the circumstances in which claim limitations may be deemed means-plus-function limitations. This appears...more

“And One”: Stricken Infringement Contentions Warrant Dismissal And Judgment of Non-Infringement

Order Entering Judgment, Blue Spike LLC v. Adobe Systems, Inc., 14-cv-01647 (Judge Yvonne Gonzales-Rogers) - Bay Area fans of the red-hot Golden State Warriors are familiar with basketball’s “and one” rule: if a player...more

IP Newsflash - May 2015 #4

DISTRICT COURT CASES - Eastern District of Virginia Grants Summary Judgment of Noninfringement to Adobe - On May 7, 2015, Judge Brinkema of the United States district court for the Eastern District of Virginia...more

UPDATE-Second Bite of Apple, Court Approves $415 million High-Tech Giants Wage-Fixing Settlement

As discussed in my initial blog post on the topic, Google, Apple, Intel and Adobe stand accused of conspiring not to poach one another’s employees in order to keep wages down. And as discussed in my update, the Court rejected...more

Rosebud v. Adobe: District Court Grants Summary Judgment of No Remedies Where Plaintiff Could Not Prove Actual Notice of Patent...

Rosebud filed a patent infringement action Adobe and Adobe moved for summary judgment arguing that Rosebud had no remedy for its patent against Adobe. Adobe based its summary judgment motion on the argument that the...more

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