Please join us on Monday, June 12, 2023 at noon for a discussion of the recent Supreme Court case Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith (May 18, 2023) In 1981 Newsweek commissioned professional photographer Lynn Goldsmith to photograph a then “up and coming” musician named Prince Rogers Nelson, which was published [...]
It's Becoming Harder and Harder to Protect Software Function with Copyright In SAS Institute, Inc. v. World Programming Limited, Case No. 2021-1542 (Fed. Cir. April 6, 2023) (opinion here), the general question raise is as to the scope of protection afforded to computer software and computer software function specifically. SAS offers a software product called the [...]
Remedies for Patent, Trademark, and Copyright Infringement Patent The remedy statute for patent infringement states, “Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest [...]
SoCal IP Law Institute MCLE meeting of February 27, 2023 - Emerging IP issues in Artificial Intelligence Please join us Monday, February 27, 2023 where we will discuss emerging IP issues related to artificial intelligence. Specific case discussions will include: Zarya of the Dawn copyright registration cancellation Thaler v. Vidal (AI inventor case) Andersen et [...]
Please join us on Monday, August 8, 2022 at 12:00 pm, where we will discuss the following: Novartis Pharm. Corp. v. Accord Healthcare, Inc., 38 F.4th 1013 (Fed. Cir. 2022) (rehearing decision here) - Novartis prevailed in the 5th Circuit on the validity of its claims under the Written Description Requirement based on a negative [...]
Non-fungible tokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset. Again, what does that mean? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L. Lang will lead a discussion on defining the nature of these novel digital assets and discuss the growing litigation over whether these assets [...]
Typefaces - the actual shapes of a group of letters - and fonts - the software used to create a particular typeface - are both protectable under U.S. intellectual property laws. Design Patents in Typefaces The Manual of Patent Examining Procedure (the "MPEP") is remarkably terse regarding typefaces (called Type Fonts just to add to [...]
On Monday, February 14, 2022 (Happy Valentine's Day!), SoCal IP Law Group partner Jonathan Pearce will present on several patent and trademark cases involving "exceptional case" determinations. Our firm has handled a few litigation matters involving potential or actual exceptional cases recently. As a result, we have some experience in these determinations and thought them [...]
On Monday, February 7, 2022 at 1:00 pm, Marina Lang will present on recent caselaw dealing with Generic trademarks. Eleven years into a dispute, a federal court ruled that the "Pretzel Crisps" brand is a generic. See the opinion. Ms. Lang will discuss the "not so simple" legal standard that is required for a [...]
On Monday, January 31, 2022 at 1:00 pm, we will discuss the following cases. The first, from the Supreme Court, Minerva Surgical, Inc. v. Hologic, Inc., 141 S. Ct. 2298 (2021) (Justice Kagan), revisits the assignor estoppel doctrine. “That doctrine, rooted in an idea of fair dealing, limits an inventor’s ability to assign a patent to [...]