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Supreme Court: Federal Government Cannot Challenge Patents in PTAB

By Audrey A Millemann on June 13, 2019

The validity of a patent can be challenged in four different types of proceedings: ex parte reexamination, inter partes review, post grant review, and covered business method review. An ex parte reexamination is initiated by any person or by the PTO’s director to request that the PTO internally reexamine the claims of the patent based on prior art. The other three proceedings were established by the America Invents Act. These proceedings are conducted by the…

The IP Law Blog

Potential Copyright Owners Beware: Make Sure Your Copyright Registrations Are Accurate!

By James Kachmar on June 6, 2019

Normally, a copyright registration certificate constitutes “prima facie evidence of the validity of a copyright and of the facts stated in the certificate.” 17 U.S.C. §410(c). But what happens if that certificate contains knowingly inaccurate information? The purported copyright owner could face not only invalidation of the copyright, but the inability to pursue copyright infringement claims or risk an award of attorney’s fees against them if they do so. This was the result in a…

Trusts & Estates Law Blog

Focus on Fiduciaries: What Fiduciaries Need to Know About the Attorney-Client Privilege

By Mary deLeo on June 4, 2019

Last month, my Weintraub colleagues and I had the pleasure of speaking at the Professional Fiduciary Association of California annual conference on the topic of the attorney-client privilege and its application to clients serving in a fiduciary capacity (trustee, executor, conservator, agent, etc.). Most people have a cursory understanding of what the attorney-client privilege does – it keeps communications between clients and their attorneys confidential and free from discovery, which fosters honest and complete communication…

The Labor & Employment Law Blog

The Request and Use of Background Checks by California Employers

By Shauna N. Correia on May 31, 2019

By: Shauna Correia and Nicholas Ma Many employers routinely conduct background checks of potential and current employees. It comes to no surprise that in the current digital age, employers can obtain extensive background information on applicants and employees quicker than ever from third party reporting companies. However, employers must remain vigilant to avoid receiving information prohibited under federal, state, and local laws, and to follow the proper procedures. To read the full article, please click…

The IP Law Blog

Although the Battle of King’s Landing is Over and the Game of Thrones has Ended, the War to Protect HBO’s Intellectual Property Rages on

By Josh H. Escovedo on May 30, 2019

If your heart is beating and your lungs are taking in oxygen, you know that Game of Thrones recently reached its epic conclusion. It’s sad, but true. After eight glorious seasons, the most watched television series in history has ended. Even as I put the words to paper, or rather, this Word document, it doesn’t seem real. For those of you who haven’t watched the series, you probably think I’m being melodramatic. But loyal Thrones…

The Labor & Employment Law Blog

Certain Delivery Drivers Are Exempt from the Federal Arbitration Act and May Proceed with Class Actions

By Ryan Abernethy on May 24, 2019

In this age of expensive class-action litigation, many California companies have found solace in their arbitration agreements. Under certain circumstances, the enforcement of such agreements includes the dismissal of class action claims. This has largely been made possible by the Federal Arbitration Act (FAA) which requires judges to enforce a wide range of written arbitration agreements notwithstanding contrary state law. California courts have a long history of delivering rulings that attempt to narrow the…

The IP Law Blog

If You Can’t Describe It, You Can’t Patent It!

By Audrey A Millemann on May 23, 2019

One of the requirements for obtaining a patent is the written description requirement – the specification must include a written description of the invention. 35 U.S.C §112(a). This requirement means that the specification must fully disclose what the invention is. The purpose of the written description requirement is to demonstrate to persons skilled in the art of the invention that the inventor had possession of the invention at the time the application was filed, i.e.,…

The IP Law Blog

U.S. Supreme Court Allows App Store Anti-Trust Class Action to Proceed Against Apple

By Eric Caligiuri on May 16, 2019

In APPLE INC. v. PEPPER ET AL., case number 17-204, the United States Supreme Court considered a case alleging Apple has monopolized the retail market for the sale of apps and has unlawfully used its monopolistic power to charge consumers higher-than competitive prices. As an early defense in the case, Apple asserted that the consumer plaintiffs could not sue Apple because they supposedly were not “direct purchasers” from Apple under Illinois Brick Co. v. Illinois,…

The IP Law Blog

Allegiant Airlines Tips its Hand Regarding Las Vegas Stadium Rights

By Josh H. Escovedo on May 9, 2019

If you’re a fan of branding and sports, you may have wondered who will affix their name to the Raiders’ new stadium in Las Vegas. The construction is underway, but the team has yet to announce whose name the stadium will bear. However, we may have discovered a clue based upon a recent filing with the USPTO. On March 29, 2019, Allegiant Airlines, a Las Vegas-based airline, filed a trademark application for ALLEGIANT STADIUM. This…

The IP Law Blog

Hidden Trademark Landmines in Comparative and Compatibility Advertisements

By Scott Hervey on May 2, 2019

Nespresso has filed a lawsuit against Jones Brothers Coffee Distribution Company alleging trademark and trade dress infringement. In support of its trademark infringement claim, Nespresso alleges that Jones Brothers’ use of the words “Nespresso Compatible” in connection with its coffee capsules will cause consumers to believe that the Jones Brothers product is endorsed and/or sponsored by Nespresso because “Nespresso Compatible” is used prominently and without a disclaimer nearby. Generally a trademark owner can stop others…

Weintraub Tobin

Weintraub Tobin Blogs

Blog Authors

Supreme Court: Federal Government Cannot Challenge Patents in PTAB

Potential Copyright Owners Beware: Make Sure Your Copyright Registrations Are Accurate!

Focus on Fiduciaries: What Fiduciaries Need to Know About the Attorney-Client Privilege

The Request and Use of Background Checks by California Employers

Although the Battle of King’s Landing is Over and the Game of Thrones has Ended, the War to Protect HBO’s Intellectual Property Rages on

Certain Delivery Drivers Are Exempt from the Federal Arbitration Act and May Proceed with Class Actions

If You Can’t Describe It, You Can’t Patent It!

U.S. Supreme Court Allows App Store Anti-Trust Class Action to Proceed Against Apple

Allegiant Airlines Tips its Hand Regarding Las Vegas Stadium Rights

Hidden Trademark Landmines in Comparative and Compatibility Advertisements

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