In Rimini Street v. Oracle USA, the U.S. Supreme Court held unanimously that the “full costs” the Copyright Act authorizes federal district courts to award a party in copyright litigation means the costs specified in the...more
8/26/2019
/ Certiorari ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Judicial Discretion ,
Litigation Fees & Costs ,
Prevailing Party ,
Rimini Street Inc v Oracle USA Inc ,
SCOTUS ,
Split of Authority ,
The Copyright Act ,
USPTO
In This Issue -
A Looming AI War: Transparency v. IP Rights -
As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few...more
8/21/2019
/ Artificial Intelligence ,
Attorney's Fees ,
Bayh-Dole Act ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Defend Trade Secrets Act (DTSA) ,
Federal Funding ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventions ,
Lanham Act ,
Litigation Fees & Costs ,
Patent Applications ,
Patent Infringement ,
Patent Reform ,
Patent-Eligible Subject Matter ,
Patents ,
Scandalous/Immoral Marks ,
Trademarks
As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more
10/2/2018
/ America Invents Act ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Arbitration ,
Class Members ,
Contract Interpretation ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Cy Pres Funds ,
Federal Arbitration Act ,
Fee Awards ,
Intellectual Property Protection ,
Life Sciences ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prior Art ,
Privacy Laws ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Split of Authority ,
Technology Sector ,
The Copyright Act ,
Video Games
Crowdsourced Content in Video Games: How Ownership Issues Almost “Ganked” a Copyright Case -
In Blizzard Entertainment v. Lilith Games (Shanghai) Company, a federal court denied a motion for partial summary judgment for...more
1/5/2018
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Crowdsourcing ,
Domain Names ,
Foreign Jurisdictions ,
Gaming ,
Genericide ,
Google ,
Intellectual Property Protection ,
Life Technologies Corp v Promega Corp ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Trademark Application ,
Trademarks ,
USPTO ,
Video Games
Earlier this year, the Supreme Court of Canada upheld a lower court order ordering Google to de-index a website from its global search results. In its decision, the Canadian high court rejected Google’s arguments that such an...more
11/15/2017
/ Canada ,
Comity ,
Communications Decency Act ,
Declaratory Judgments ,
Free Speech ,
Freedom of Expression ,
Google ,
Internet ,
Preliminary Injunctions ,
Right to Be Forgotten ,
Right to Privacy ,
Search Engines ,
Search Results ,
Supreme Court of Canada ,
Websites
The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more
10/2/2017
/ Administrative Proceedings ,
Anti-Retaliation Provisions ,
Carpenter v US ,
Chevron Deference ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Energy Sector ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
First Amendment ,
Fourth Amendment ,
Free Exercise Clause ,
Free Speech ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Internal Reporting ,
LGBTQ ,
Location Data ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
NLRA ,
Oil States Energy Services v Greene's Energy Group ,
Patent Trial and Appeal Board ,
Patents ,
Public Accommodation ,
Religious Discrimination ,
SAS Institute Inc. v Lee ,
SCOTUS ,
Search & Seizure ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Stored Communications Act ,
Technology Sector ,
USPTO ,
Whistleblowers
Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more
8/10/2017
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Disparagement ,
Extraterritoriality Rules ,
First Amendment ,
Free Speech ,
Impression Products v Lexmark International ,
Jurisdiction ,
Laches ,
Lanham Act ,
Matal v Tam ,
Microsoft v Baker ,
Music Industry ,
Online Platforms ,
Patent Exhaustion ,
Patent Infringement ,
Patents ,
Petrella v. MGM ,
SCOTUS ,
Social Networks ,
Star Athletica v Varsity Brands ,
TC Heartland LLC v Kraft Foods ,
The Slants ,
Trademark Registration ,
Trademarks ,
Venue
What should courts do when one country’s laws collide with a borderless Internet? Last week, the Supreme Court of Canada became the latest court to tackle the issue, upholding an order for Google to de-index globally from its...more
In This Issue -
Ransomware Advisory -
The WannaCry ransomware attack that began on May 12 infected 230,000 computers in more than 150 countries within a few days. The scope of the attack was unprecedented—which is just one...more
6/28/2017
/ Biometric Information ,
Biometric Information Privacy Act ,
China ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Fourth Amendment ,
Geolocation ,
Hackers ,
Malware ,
Ransomware ,
Risk Management
The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of...more
After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit a win this week. In its landmark ruling in Matal v. Tam...more
6/22/2017
/ Disparagement ,
First Amendment ,
Football ,
Free Speech ,
Lanham Act ,
Matal v Tam ,
Music Industry ,
NFL ,
Redskins ,
SCOTUS ,
Team Mascots ,
The Slants ,
Trademark Registration ,
Trademarks ,
USPTO
For the fifth time this session, and following fast on the heels of its landmark decision in TC Heartland v. Kraft Foods earlier in May, the Supreme Court again reversed the Federal Circuit. The case, Impression Products,...more
6/8/2017
/ Exports ,
Foreign Sales ,
Impression Products v Lexmark International ,
IP License ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
SCOTUS ,
Single-Use/No Resale Restriction ,
Stream of Commerce
A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more
4/13/2017
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Digital Media ,
DMCA ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Notice Requirements ,
Popular ,
Safe Harbors ,
Section 512 ,
Social Media ,
Takedown Notices ,
Websites
Three years ago, in Petrella v. Metro-Goldwyn-Mayer, Inc., the Supreme Court held that the equitable defense of laches is not available against copyright claims for damages brought within the Copyright Act’s three-year...more