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The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court’s recent decision in TC Heartland did not supplant the long-standing rule that venue laws do not protect foreign defendants.
The Federal Circuit recently addressed motions to transfer and drew a distinction between motions filed under 28 U.S.C. §1404(a) based upon the convenience of parties and witnesses and those filed under 28 U.S.C. §1406(a) for improper venue. In re: HTC Corp., 889 F.3d 1349, 1352 (Fed. Cir. 2018). The Federal Circuit further closed a potential venue loophole created by TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S.Ct. 1514, and clarified that the Supreme Court’s recent decision did not supplant the long-standing rule that venue laws do not protect foreign defendants. In re: HTC, at 1357.
Fourth Circuit Rules that Website’s Unauthorized Posting of Stock Photograph Was Not ‘Fair Use’
By Michael W. Mitchell and Edward Roche
The decision in Brammer v. Violent Hues sheds some light on when re-posting will be a “fair use” and when it will give rise to liability.
How the U.S.-China Trade War Effects IP Strategy
By Rob Maier
The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask
By Alan L. Friel
Part One of a Two-Part Article
The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA’s passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.
By George Soussou and Jeff Ginsberg
More Than a Recitation of Hooke’s Law Needed for Patent Protection
A Claim for a Chair Limits the Claim to a Chair
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