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Tattoo Infringement Case Against NBA 2K Game Publisher Shows Misunderstanding...
This isn’t just another tattoo-copyright infringement case. This case raises an important lesson for all copyright claimants. The backstory: Solid Oak is a licensing firm that represents the go to...
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New Federal Trade Secret Law Takes Effect!
So what is a trade secret? Generally, a trade secret is information that the owner has taken reasonable measures to keep secret, derives independent economic value from not being generally known, and...
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Ninth Circuit Rejects Current Status of Music Sampling Copyright Infringement...
On June 2, 2016 the Ninth Circuit issued an opinion in a music sampling Copyright infringement case that sets up a split between the Ninth Circuit and the Sixth Circuit which will likely send the issue...
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Google’s Fair Use Defense Thwarts Oracle’s Attempt to Recover $9 Billion in...
In a high-profile case, a jury recently found that Google’s use of portions of Oracle’s Java software code was allowable under the fair use doctrine and thus did not constitute copyright infringement....
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Pennsylvania’s New Medical Marijuana Law And The Workplace
Employers in Pennsylvania may or may not be enjoying high times as that state’s Medical Marijuana Act (“MMA”) went into effect on May 17, 2016. This new law allows patients to use marijuana to treat...
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The Supreme Court Rules the PTAB and District Courts Can Continue to Apply...
Patent litigators and prosecutors have been waiting to hear whether the U.S. Supreme Court would require the United States Patent and Trademark Office (“USPTO”) to apply the same claim construction...
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WATCH OUT! SUPREME COURT OPENS DOOR TO TREBLE DAMAGES IN PATENT CASES!
Up until now, it has been nearly impossible for a plaintiff to recover enhanced (up to treble) damages in patent infringement cases. The current test for enhanced damages, set forth by the Federal...
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Fair Use and Youtube – A Creator’s Take
6/25/16- At the 7th Annual VidCon in Anaheim, CA , Weintraub Tobin Shareholder Scott M. Hervey and Rian Bosak, Head of Network Operations Full Screen, presented “Fair Use and Youtube- A Creator’s...
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En Banc Federal Circuit Rules A Product Must be the Subject of a Commercial...
By: Eric Caligiuri On July 11, 2016, the U.S. Court of Appeals for the Federal Circuit ruled in a unanimous en banc decision in The Medicines Co. v. Hospira Inc., Federal Circuit case number...
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33 Weintraub Tobin Attorneys Named Among 2016 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2016, on which 33 Weintraub Tobin attorneys have been included. Three Weintraub...
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INDUCED INFRINGEMENT BECOMES MORE DIFFICULT TO DEFEND
In Warsaw Orthopedic, Inc. v. NuVasive, Inc. (June 3, 2016) 2016 U.S. App. LEXIS 10092, the Federal Circuit Court of Appeals broadly interpreted the Supreme Court’s test for induced infringement,...
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Trademark Assignability Laid Bare
Crazy Horse was a legendary Native American chief of the Oglala Lakota tribe who lived during the second half of the 1800s. Unfortunately today, his name may be more familiar as a brand for various...
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Wearable Technology Raises Concerns Regarding IP, Data Privacy and Data Security
When fashion fuses with high tech, we see our friends show up with trendy wearables, such as smart watches, fitness bands, and even high-tech, designer purses. But, trendiness aside, wearables raise...
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Small Burger Chain Has a Beef With Chipotle
By: Scott Hervey Chipotle’s entry into the burger business has a Boston based small burger chain up in arms. The Boston burger spot, which has been in operation since 2010 and goes by the name Tasty...
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The Seattle Seahawks’ 12th Man Flies Again
If you regularly follow our publication, you may remember when I discussed the Seattle Seahawks and their use of the Texas A&M trademark “12TH MAN” over a year ago. If not, that’s okay too. In...
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Federal Circuit Holds the PTAB Must Apply Narrower Phillips Claim...
By: Eric Caligiuri In In re CSB-System Int’l, Inc., No. 15-1832 (Fed. Cir. Aug. 9, 2016), the Court of Appeals for the Federal Circuit recently held that patents that expire during a pending...
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NO ICE, PLEASE!
By Audrey Millemann California’s unfair competition and consumer protection laws protect consumers from false representations about products or services. These laws include the Unfair Competition Law...
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How BREXIT Will Affect Intellectual Property
As everyone knows, in June, the United Kingdom passed the BREXIT referendum (driven by British voters), voting to exit the European Union. What affect does BREXIT have on intellectual property rights...
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Is the Technology for Self-Driving Cars Patent-Eligible?
It sounds like a silly question, doesn’t it? After all, self-driving cars represent innovative progress in technology, and patents are intended “to promote the progress of science and useful arts, by...
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Luxo Shuts the Lights Out on Disney’s and Pixar’s Merchandising of Luxo Jr.
It is no secret; the Disney Corporation is a marketing and merchandising powerhouse. It has achieved that reputation by capitalizing on almost every marketing and merchandising opportunity that comes...
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