Weintraub Tobin

400 Capitol Mall, 11th Floor
Sacramento, CA 95814, United States
Phone: 916-558-6000
Fax: 916-446-1611
Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Communications & Media Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
See more
Other U.S. Locations
  • California
Number of Attorneys
50-100 Attorneys

U.S. District Court For The Eastern District Of Texas Finds Defendants Have Not Committed Acts Of Infringement Sufficient To Establish Venue

The U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods held that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. Previously, the Court of Appeals for the…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Trap For The Unwary: Elimination Of The Position As Opposed To Termination For Cause

Employers sometimes see a position elimination or reduction in force as a way of terminating employees that is kinder and gentler than termination for cause. Position eliminations and reductions in force allow an employer to…more
 /  Labor & Employment Law

California Fair Pay Act Confusion – Understanding California Labor Code Section 1197.5

The following discussion concerns the California Fair Pay Act, and how to apply it. If you are unfamiliar with the Act, you may wish to begin by reading this blog. I get calls from employers asking: “When I group my…more
 /  Labor & Employment Law

Do Secret Sales Bar Patents?

There is some confusion about what constitutes an “on-sale bar” in patent law. The on-sale bar, set forth in 35 U.S.C §102, prohibits a patent if the invention sought to be patented was offered for sale or sold more than one…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Weighs In On Reasonable Royalties As Patent Infringement Damages

In Exmark Manufacturing Company v. Briggs & Stratton Power Products, 2018 U.S. App. LEXIS 783 (Fed. Cir. 2018), the Federal Court of Appeals addressed patent infringement damages based on a reasonable royalty. Exmark…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

California’s “Red Flag” Laws Can Help Prevent Tragedies Like Stoneman Douglas

As we struggle to come to grips with the recent tragedy at Marjory Stoneman Douglas High School, many have bemoaned the lack of response by law enforcement prior to the attack. News outlets state that the shooter was reported to…more
 /  Elections & Politics

Surviving Alice Challenges To Patent Claims

The Court of Appeals for the Federal Circuit just highlighted another approach plaintiffs can use to overcome early challenges to the validity of patent claims under 35 U.S.C. §101. What is that approach? It is a classic one:…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

California Labor Commissioner And Attorney General Jointly Answer “Frequently Asked Questions” On Immigration Sweeps

In case you haven’t noticed, immigration has been a hot topic of discussion in the news lately. While debates over Dreamers and the wall have dominated those discussions, the workplace has been swept into it all as well. On the…more
 /  Labor & Employment Law, Immigration Law

Stone Brewing Fires The Shot Heard Round The Brewing World

The fight between craft brewers and Big Beer (i.e. MillerCoors & Budweiser) has been ongoing for years. Ever since craft beer came to prominence in the late ‘90s, it has been stealing Big Beer’s share of the marketplace. In…more
 /  Administrative Law, Intellectual Property

Protected Leave For New Parents Now Applies To Mid-Size Employers In California

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) have long required large employers with 50 or more employees to provide unpaid job-protected parental leave for employees to bond with a…more
 /  Labor & Employment Law

Copyright Infringement And Third Party Software Support

A recent case out of the Ninth Circuit, Oracle USA, Inc. v. Rimini Street, Inc. (July 13, 2017), illustrates some of the risks third party software vendors run concerning copyright issues. Oracle develops and licenses…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

New Year, New Minimum Wage

Effective January 1, 2018, California’s minimum wage rate increased to $11.00 per hour (from $10.50) for employers with 26 or more employees and $10.50 per hour (from $10.00) for employers with 25 or fewer employees. The minimum…more
 /  Labor & Employment Law

U.S. District Court For The Central District Of California Makes Rare FRAND Royalty Rate Determination

The U.S. District Court for the Central District of California recently issued its opinion in TCL Communications v. Ericsson (SACV 14-341 JVS(DFMx) and CV 15-2370 JVS (DFMx)) on standard-essential patents and whether a commit to…more
 /  Intellectual Property, Science, Computers, & Technology

Settling Individual Labor Code Violations Kills PAGA Claims

On December 29, 2017, in Kim v. Reins International California, Inc., the Second District Court of Appeal in Los Angeles ruled that a plaintiff no longer has standing to assert PAGA claims once the plaintiff has settled and…more
 /  Civil Procedure, Labor & Employment Law

Ruling In Lawsuit Over Fox’s Use Of “Empire” Extends Permitted Use Of Third-Party Trademarks

Did you ever wonder why some movies use fictional names for companies or sports teams? TV and movie producers intentionally avoid using brand or company names in order to avoid any potential of an entanglement with a trademark…more
 /  Art, Entertainment, & Sports Law, Intellectual Property, Science, Computers, & Technology
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