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 [...]
Please join us Monday, May 8, 2023 where we will watch a video featuring Stuart Teicher, Esq. discussing mental health issues in the legal profession. This qualifies for one CA CLE credit for competence, and topics will include: Introduction Anxiety Stress, Burnout, and Balance Past the Breaking Points Depression & Suicide Anger Management Compassion Fatigue [...]
With the wide and inexpensive availability of AI tools, we as IP attorneys need to decide how to employ them in our law practice. Our firm will discuss how AI tools such as Chat GPT could be used by us today, including what sensible controls we must employ to protect client confidences and privileges. We [...]
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 [...]
On Monday, April 9, 2023, Marina Lang will lead the discussion about recent 9th Circuit Opinion RIGSBY V. GODADDY INC. See Published Opinion Here: https://cdn.ca9.uscourts.gov/datastore/opinions/2023/02/03/21-16182.pdf The panel held that Plaintiff--a well known athlete and speaker-- could not satisfy “use in commerce” prong of the Lanham Act & could not overcome GoDaddy’s immunity protections under the [...]
Jack Daniel’s is Not Amused by Bad Spaniels Chew Toy; Publishers Awarded Summary Judgment Against Internet Archive On Monday, April 3, 2023, Chris Kopitzke will lead the discussion about a pending Supreme Court trademark case concerning a dog chew toy, as well as a recent copyright decision out of the Southern District of New York [...]
Two Common Trademark Issues When counseling clients wanting to register trademarks, we evaluate the likelihood an application for registration of the mark will succeed and counsel the client accordingly. One of the issues that often arises in our analysis occurs when a mark is to be used in one way but, while there is no [...]
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 [...]
Please join us on Monday, March 13, 2023 at Noon , where we will discuss two CAFC decision for Patents: one re: Written Description requirements and the other re: Patentable Subject Matter under Section 101. For CAFC Written Description requirements, please see: University of Minnesota v. Gilead Sciences at 21-2168.OPINION.3-6-2023_2090143. For CAFC re: Patentable Subject [...]
Please join us Monday, March 6, 2023 where we will discuss Rx patent monopoly issues and Lizzo's TM win. Specific case discussions will include: AbbVie Rx Patent Monopoly Strategy Against Biosimilars - AbbVie makes Humera for arthritis and extended its monopoly for 7 years past the 2016 expiration date of its basic patent on the [...]