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Intellectual Property

  • Over the summer, a divided panel of the Ninth Circuit affirmed the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye. We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye's heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.

    September 01, 2018Robert J. Bernstein and Robert W. Clarida
  • Disney Enterprises has been handed a setback in an ill-conceived lawsuit: Going after people who dress up as Disney-owned characters like Elsa from Frozen or Chewbacca from Star Wars to perform at children's birthday parties.

    September 01, 2018Jenna Greene
  • Advances in UI Design Can Provide Key Competitive Differentiation and Advantage, Which Makes Protecting Them Critically Important from a Business Perspective

    Advances in UI design can also provide key competitive differentiation and advantage, helping to distinguish otherwise commoditized products and services such as computers, Web services, wearables, and appliances. Given this advantage, protecting advances in UI design can also be critically important from a business perspective.

    September 01, 2018Lawrence H. Aaronson and James L. Korenchan
  • Federal Circuit Remands for Further Proceedings to Determine Whether RPX's Petitions for IPR Were Time Barred For Failing to Identify Its Client As a 'Real Party in Interest'
    Federal Circuit Holds that Common Law Tribal Sovereign Immunity Cannot Shield a Patent in IPR Proceedings,br>Federal Circuit Holds that an Unsuccessful IPR Petitioner Must Show 'Concrete Plans' for Future Potentially-Infringing Activity in Order to Demonstrate Article III Standing to Appeal PTAB's IPR Decision

    September 01, 2018Jeffrey S. Ginsberg and Abhishek Bapna
  • The Spanish foundation that administers the intellectual property rights of famed surrealist Salvador Dalí is suing a Monterey, CA, museum that displays a permanent Dalí exhibition and uses the artist's name and likeness to promote it.

    August 01, 2018Scott Graham
  • The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in WesternGeco LLC v. ION Geophysical rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.

    August 01, 2018Elizabeth B. Hagan
  • The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor's sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.

    August 01, 2018Jon Bachand and Ari Feinstein
  • Supreme Court Grants Cert to Resolve Circuit Split on Registration Prerequisite for Filing Suit under Copyright Act

    Although the term “registration” as used in the Section 411(a) of the Copyright Act does not immediately appear to be ambiguous, courts have reached differing conclusions as to its meaning.

    August 01, 2018James A. Trigg and Chris Bussert
  • Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings
    Citing 'Steep Burden' on Plaintiffs, Federal Circuit Denies Use of 'Entire Market Value Rule' in Cases Involving Multicomponent Products

    August 01, 2018Howard Shire and Adam Fisher