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Intellectual Property Litigation Alert >> The Days of Patent Plaintiff Forum Shopping May be Over - Alert - 05/23/2017

The Supreme Court’s decision in TC Heartland establishes that just having sold goods in the judicial district is now insufficient on its own to establish jurisdiction. Patent holders bringing suit must do so in either the judicial district where the defendant resides, or the judicial district where the defendant has a regular and established place of business. The decision will likely discourage patent trolls from filing suit in the Eastern District of Texas and other jurisdictions with little to no connection to the defendant.

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Intellectual Property Litigation Alert >> Breach Of Contract Claims Allowed For Alleged Open Source License Violations - Alert - 05/18/2017

A recent California decision allowed breach of contract claims for GPL violations in connection with the use of open source software. As the decision shows, reliance on arguments that the GPL is not a contract or that corresponding contract claims are preempted by copyright law may prove misplaced. Accordingly, businesses should carefully consider contract law implications when licensing and using GPL-governed code.

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Intellectual Property Alert >> $500 Million Oculus Verdict Highlights Litigation Risks for Emerging Tech Companies - Alert - 02/23/2017

Companies developing – or seeking to acquire – new technology must take every precaution to limit their risks before litigation is on the horizon. The full extent and scope of those risks is often not clear without careful analysis. Working with counsel every step of the way can help to uncover potential liabilities and limit exposure.

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Intellectual Property Litigation Alert >> U.S. Supreme Court Sets the Bar Higher for Obtaining Damages for Design Patent Infringement - Alert - 12/19/2016

The Supreme Court’s decision sets the bar higher for design patent holders to recover for infringement and opens the door to apportionment of damages. Parties looking to file for design patents will likely consider claiming their patents more broadly, in order to avoid the specter of reduced damages in the event the design patent is infringed. They may also consider alternative forms of protection, such as trade dress and copyright if appropriate. In addition, how damages should be apportioned will now be an important part of both side’s litigation strategy.

As the Court refused to delineate a test for determining the infringing article of manufacture, address whether there must be a causal link between the total profit made and the infringing article of manufacture, or explain how to apportion "total profits" by component, further Federal Circuit decisions on these issues are likely to follow.

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Intellectual Property Alert >> New Copyright Office Regulations Require Websites to Re-Register for DMCA Safe Harbor Protection - Alert - 12/15/2016

Website operators and other online service providers must re-register their DMCA designated agents using the Copyright Office’s new online filing system by December 31, 2017 to avoid losing DMCA safe harbor protection.

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Intellectual Property Litigation Alert >> Second Circuit Narrows 'Red Flag Knowledge' Exception to DMCA's Safe¬†Harbor¬†Protections for ISPs  - Alert - 08/16/2016

The bar is now set high in the Second Circuit for copyright owners to make the evidentiary showing necessary to establish that an ISP had red flag knowledge because it was aware of facts or circumstances that made copyright infringement obvious. An ISP does not have an affirmative obligation to police its websites for infringing content or to determine whether its users engaged in fair use. It does remain in the best interest of copyright owners to identify the specific infringing content that they want removed. They are also left with the opportunity to take discovery about an ISP’s content review procedures to establish a red flag knowledge claim. However, a copyright owner will still bear a heavy burden to show that an ISP actually knew about infringement by its users or was aware of facts or circumstances that made the specific infringing activity obvious, so that the ISP is no longer entitled to the DMCA’s safe harbor protections.

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Intellectual Property Alert >> Implications of Brexit on Trademarks in the EU - Alert - 07/07/2016

Even though the United Kingdom’s exit from the EU will not take effect for quite some time, trademark protection will ultimately be impacted. Therefore, while immediate action may not be necessary, we recommend reviewing your UK and EU business presence and trademark portfolio with counsel to determine whether any actions should be taken in the interim.

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Intellectual Property Alert >> The Sunrise Period For The <.sucks> gTLD Has Been Extended to June 19, 2015 - Alert - 05/21/2015

The Sunrise Period for the <.sucks> gTLD has been extended to June 19, 2015. Owners of registered trademarks who register or have already registered with the Trademark Clearinghouse by that date will have the first opportunity to purchase a <.sucks> domain name. Trademark owners who do not register by that date may have more limited options for protecting their marks against gripe sites. Beginning June 1, 2015, <.sucks> domain names will be available to the general public, and will be granted on a first-come, first-served basis.

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Litigation Alert >> Commercial Lease Rent Acceleration Clauses: For How Long Will They Be Enforceable? - Alert - 05/11/2015

The Court of Appeals’ holding in Van Duzer raises questions as to the future enforceability of rent acceleration clauses in commercial leases that do not account for net present value and that give the landlord both the right of possession during the lease term and the right to immediately recover all rents due under the lease. Because a landlord has no duty to mitigate its damages, most acceleration clauses (even those that discount for net present value) allow a landlord the potential to recover more than what it might receive, but for the breach. Thus, the decision in Van Duzer may signify the beginning of a trend toward unenforceability of these acceleration clauses.

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LawInSport: Mark My Words: Protection of Athletes' Nicknames & Catchphrases in the U.S. - Published Article - 05/07/2015

by Joy J. Wildes & Kevin S. Blum

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Intellectual Property Litigation Alert >> The Supreme Court Comes Out Swinging In 2015 with Important Trademark Decision  - Alert - 03/05/2015

2015 will continue to be an active year for the Supreme Court in deciding trademark issues.  In Hana Financial, the Court resolved the split over who decides the issue of tacking, and in B&B v. Hargis, it will resolve the split over the precedential value of the TTAB’s decisions.  Whether the Court will take on even more trademark issues in 2015 is yet to be seen, but trademark and brand owners should keep their eye on B&B v. Hargis, as, depending upon its outcome, it could dramatically change what is at stake when challenging a new mark.

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Intellectual Property Litigation Alert >> Sherlock Holmes Comes Out of the Page: Seventh Circuit Says Public Domain Characters May Lead Fictional Lives Apart From Their Copyright Owners - Alert - 12/18/2014

Fanfiction writers, rejoice!  Fictional characters that span both public domain and copyright protected works are available for use without a copyright license.  So long as the use does not copy any character elements that are copyright protected, and does not suggest any endorsement by or other connection with the character owner, the use should be safe from liability.

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Intellectual Property & Technology Law Journal: The Telephone Consumer Protection Act: Privacy Legislation Gone Awry? - Published Article - 10/23/2014

by Paul Corcoran, Marc Rachman, and David Greenberg

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Intellectual Property Litigation Alert >> Recent Developments in the Fight Against Patent Trolls - Alert - 06/30/2014

The Supreme Court’s Nautilus and Octane Fitness decisions represent major victories in the fight against patent trolls as they allow defendants to more easily attack “indefinite” claims,  have cases thrown out earlier in the litigation process, and to shift legal fees when the lawsuit is “exceptional.”  In addition, state legislatures and attorneys general, along with the FTC, have thrown their hats in the patent troll “boxing ring,” sending a clear message that they disfavor the tactics that patent trolls have historically employed. 

The long-term effect of all this activity by politicians and government agencies is not yet clear, but it represents an encouraging move towards further restricting the advance of patent trolls. These recent events are particularly welcome considering the Patent Transparency and Improvement Act, which would have heralded major patent reform targeted at patent trolls, was recently removed from the Senate agenda. 

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Allvoices.com // Future of Drones in Hollywood - Press Mention - 05/09/2014



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