Intellectual Property Bulletin Fall 2008
10/17/2008 - In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims.
Intellectual Property Bulletin Summer 2008
7/15/2008 - Rejecting the authority of more recent Ninth Circuit cases on the ground that their holdings could not be reconciled with an earlier Ninth Circuit decision, a Washington District Court has held a transfer of computer software to represent a sale…
Intellectual Property Bulletin Spring 2008
5/19/2008 - Just as a semiconductor clean room aims to exclude airborne particles that could contaminate wafer layers, so the legal software clean room has sought to protect computer software developers from contaminating 'access' to earlier works.
Fenwick Employment Brief - February 8, 2008
2/8/2008 - In a significant ruling for employers, the California Supreme Court recently held that an employer is not required to accommodate an employee who uses medical marijuana.
Fenwick Employment Brief - December 10, 2007
12/10/2007 - In Mokler v. County of Orange, a California Court of Appeal held there was sufficient evidence to support a plaintiff's retaliatory dismissal claim, but rejected her sexual harassment claim as not being sufficiently severe or pervasive.
Fenwick Employment Brief - October 8, 2007
10/8/2007 - In a decision narrowing the scope of the administrative exemption, a California Court of Appeal held in Harris v. Superior Court that insurance claims adjusters were improperly classified under the administrative exemption.