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The IP Law Blog

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By: Weintraub Tobin

Blog Authors

Brendan Begley
Eric Caligiuri
Dale C Campbell
Jo Dale Carothers
Jessica R. Corpuz
Josh H. Escovedo
David Gabor
Scott Hervey
James Kachmar
Audrey A Millemann
Mari Patterson
Intellectual Property Group
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Latest from The IP Law Blog

The IP Law Blog

Webinar: IP Year in Review

By Mari Patterson
January 15, 2021
Weintraub attorneys Josh Escovedo and Scott Hervey are speakers for the IP Year in Review Webinar co-hosted by The Sacramento County Bar Association (SCBA) Intellectual Property Law Section and the Intellectual Property Student Association of McGeorge School of Law. Josh will be addressing the 2020 developments in trademark law, and Scott will be addressing the 2020 developments in copyright law. Date & Time: Thursday, January 28, 2021 5:30 PM – 7:30 PM PST MCLE Credit:…
The IP Law Blog

Copyright Risks of Posting a “Non-Selfie”

By Scott Hervey
January 15, 2021
Private Detective Taking Photos Of Man And Woman
Private Detective Taking Photos Of Man And Woman On Street
With the proliferation of social media and the ready access to images on the Internet and on any number of platforms, it’s just so easy to copy an image or video that moves you and post it on your social media accounts.  Easy to imagine how this can happen.  However, it’s important to remember that just because an image is posted on the internet or on a social platform doesn’t mean one can copy it…
The IP Law Blog

COVID-19 Stimulus Bill also Includes Little-known Provision Creating New Streamlined Tribunal for Copyright Infringement Claims

By Jessica R. Corpuz
January 7, 2021
COPYRIGHT
Nearly unnoticed in the wrangling over the amount of COVID relief payments, the stimulus bill signed into law on December 27, 2020 also included several interesting intellectual property provisions.  Buried thousands of pages into the bill, the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the “CASE Act”) establishes a small claims court-type system under the U.S. Copyright Office for copyright holders to pursue low-value claims of copyright violations. As it stands now, copyright infringement…
The IP Law Blog

More Ways to Overcome Obviousness

By Audrey A Millemann
December 31, 2020
Hand writing inscription Patent with marker, concept
In my last column, I discussed the first argument that should be made in overcoming an obviousness rejection made by the patent examiner in a patent application.  If possible, the applicant should argue that the examiner has failed to establish a prima facie case of obviousness because the examiner did not make the required factual findings.  However, there are several additional arguments that may be applicable. First, in relying on prior art references for the…
The IP Law Blog

It’s No “Fair Use” Trying to Parody Dr. Seuss

By James Kachmar
December 24, 2020
hand intellectual property words tag cloud
One of the last books written by Dr. Seuss, “Oh, The Places You’ll Go” is one of the bestselling books during graduation season each year.  The copyright for this book, like all of the works of Dr. Seuss, belongs to Dr. Seuss Enterprises, LP, which issues licenses for the creation of new works under the Dr. Seuss brand.  It also works closely to oversee licenses of its work, which it carefully vets.  As any parent…
The IP Law Blog

Arguing Obviousness with the Patent Examiner

By Audrey A Millemann
December 18, 2020
patented label design
Most patent applications are initially rejected on obviousness grounds by the patent examiner in the US Patent and Trademark Office.  That means that the examiner believes that the invention, as set forth in the claims in the application, would have been obvious to a person of ordinary skill in the art at the time the application was filed.   Usually, the rejection is based on one or more prior art references – documents that are publicly…
The IP Law Blog

District Court Finds Communications and Documents Concerning Defendant’s Post-Filing Acquisition Are Not Protected by the Common Interest Privilege

By Eric Caligiuri
December 10, 2020
businessman in office hiding face sign lock symbol
In 10x Genomics, Inc. v. Celsee, Inc., 1-19-cv-00862 (DDE 2020-12-04, Order) (Colm F. Connolly), the District Court ordered the defendant to produce documents and give testimony about communications between defendant and its new corporate owner concerning the litigation and the provisions in the acquisition agreement that concern the litigation. Specifically, during the pendency of the litigation, nonparty Bio-Rad Laboratories had acquired 100 percent of Defendant Celsee, Inc.’s stock pursuant to an acquisition agreement. The acquisition…
The IP Law Blog

“Inspired By” Characters in Movies and TV – Defamation Lawsuit As a Spinoff

By Scott Hervey
November 25, 2020
In the past few years there has been a number of libel claims based on an unfavorable portrayal of a real person in either a television program or motion picture that is based on real life events.  To name a few, there is the currently pending Mossack Fonseca & Co., S.A. et al v. Netflix Inc., which is based on the streamer’s portrayal of Panamanian lawyers in the feature The Laundromat which was about the…
The IP Law Blog

Trademark Protection for Your Brand Merchandise in the Age of Copycats, Counterfeits, and Fakes

By Jessica R. Corpuz
November 20, 2020
With live events cancelled during the pandemic, content creators are increasingly dependent on merchandise sales.  Creators from podcasters to YouTubers to musicians are reliant on merch to bolster their revenue and their brands.  Subscribers stuck at home are watching more video and listening to more podcasts and music.  Apart from advertising and sponsorships, merch is the only way for creators to monetize their increased profile during the pandemic. However, 2020 has seen an explosion of…
The IP Law Blog

No Right to Appeal Even When IPR Institution Denied on Non-Substantive Grounds

By Jo Dale Carothers
November 13, 2020
One way to challenge the validity of a patent at the United States Patent and Trademark Office (“USPTO”) is through a petition for inter partes review (“IPR”).  The USPTO Director has delegated responsibility to the Patent Trial and Appeal Board (“PTAB”) to evaluate such petitions to determine whether to institute review of the challenged patent.  The PTAB will only institute review of petitions that show a reasonable likelihood of success on the merits.  However, even…

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