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Litigation Alert: Federal Circuit Split on Patent Eligible Subject Matter Analysis

Publication

5/17/2013 - ​Last week, the Federal Circuit, sitting en banc, issued a much-anticipated decision in CLS Bank Int'l, et al., v. Alice Corporation Pty, Ltd. involving the test for when computer-related inventions are unpatentable

Protect Domestic Industry, Not Private Interests

Publication

9/4/2013 - The International Trade Commission now stands as the favored venue for companies, domestic and foreign alike, to obtain injunctions while avoiding the requirements imposed by eBay v. MercExchange, 547 U.S. 388 (2006) .

Litigation Alert: A Good-Faith Belief of Patent Invalidity Is Not a Defense to Inducement of Infringement

Publication

6/5/2015 - Six justices of the Supreme Court agreed that an accused indirect infringer’s good faith belief in invalidity of a patent “will not negate the scienter required under §271(b).” Commil USA, LLC v. Cisco Sys., Inc., No. 13-896, Slip Op. at 13 (Kenned

Litigation Alert: Supreme Court Relaxes Standard for Fee Shifting in Patent Cases

Publication

4/30/2014 - In a pair of decisions issued yesterday, the United States Supreme Court unanimously1 lowered the threshold for obtaining attorneys’ fees in patent cases pursuant to 35 U.S.C. § 285.

Patent Alert: Federal Circuit's Therasense Decision Toughens Standards for Establishing Inequitable Conduct

Publication

5/26/2011 - Responding to views from the United States Patent and Trademark Office (

Fenwick Employment Brief - December 10, 2007

Publication

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.

Takeaways from SEC’s First Ever Enforcement Actions Against Cryptocurrency Firms for Failing to Register as a Broker-Dealer and Investment Company

Publication

9/26/2018 - Over the past year, the U.S. Securities and Exchange Commission has ramped up its scrutiny of cryptocurrencies and other digital token offerings. On Sept. 11, 2018, the SEC escalated its crackdown when it announced a pair of settled enforcement actions

Litigation Alert: California Court Enforces Liquidated Damages in Standardized Form Contracts for Consumer Services

Publication

1/27/2006 - On January 20, 2006, a California Court of Appeal found enforceable the liquidated damages provisions for late fees in standardized form contracts for consumer services.

Could Offensive Trademarks Find Refuge in Common Law?

Publication

6/27/2014 - The Trademark Trial and Appeal Board (TTAB) in Blackhorse v. Pro-Football Inc. cancels the controversial REDSKINS mark as disparaging to Native Americans.

Privacy Litigation Alert: California Court Dismisses Attorney Generals Mobile App Privacy Suit Against Delta

Publication

5/14/2013 - A California Superior Court judge has dismissed with prejudice a privacy suit brought by California Attorney General Kamala Harris against Delta Airlines.

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Intellectual Property Bulletin Spring 2015

Publication

6/18/2015 - Fenwick & West Intellectual Property Bulletin. Covering current legal issues in patent, copyright and intellectual property law.

Litigation Alert: A Good-Faith Belief of Patent Invalidity Is Not a Defense to Inducement of Infringement

Publication

6/5/2015 - Six justices of the Supreme Court agreed that an accused indirect infringer’s good faith belief in invalidity of a patent “will not negate the scienter required under §271(b).” Commil USA, LLC v. Cisco Sys., Inc., No. 13-896, Slip Op. at 13 (Kenned

Tax Alert: IRS Untangles § 163(L) in Cross-Border Hybrid Financing Transaction

Publication

5/13/2015 - “In terrorem” or anti-abuse provisions often receive a lack of judicial and administrative interpretation. Section 163(l) of the Code, enacted in 1997, is no exception, so that even now certain fundamental questions.

Eraser Laws - Forgetting a Minors Past to Save His Future

Publication

5/5/2015 - Earlier this year, California seemingly came to Hector's rescue with its Eraser Law (officially the Privacy Rights for California Minors in the Digital World, Business and Professions Code Sections 22580-2258​2).

Litigation Alert: Hana Financial v. Hana Bank - The Supreme Court Reaffirms the Power of the Jury to Decide Issues of Commercial Impression in a Trademark Tacking Decision

Publication

1/23/2015 - In the first substantial trademark case in over a decade, the Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide whether two trademarks, used by a single party, convey the same commercial impression.

Fenwick Employment Brief - January 2015

Publication

1/12/2015 - This Fenwick Employment Brief - January 2015 includes the topics of security checks not being compensable time, NLRB expanding employees’ use of email for protected activity and perceived whistleblower activity.

Litigation Alert: California Superior Court Finds Use of Likeness of Former Panamanian Dictator Manuel Noriega in Video Game Transformative

Publication

11/6/2014 - The ruling addresses how to assess right of publicity claims in the video game context— when a real person’s likeness is used in a game without their consent.

Litigation Alert: California Bans Non-Disparagement Clauses in Consumer Contracts

Publication

9/18/2014 - On September 9, 2014, Governor Jerry Brown signed into law AB 2365, popularly referred to as the “Yelp” bill. The new law, codified at California Civil Code section 1670.8, will prohibit the use of “non-disparagement” clauses.

Fenwick Employment Brief - August 2014

Publication

8/14/2014 - Articles on current issues in employment law including partial-day leave deductions, joint employer risk and PAGA.

U.S. Tax Developments Affecting Financial Institutions and Products

Publication

8/12/2014 - Recent months have seen significant IRS and judicial developments affecting financial institutions and market participants, including new FATCA changes and proposed regulations on dividend equivalent payments under section 871(m).