In a significant and long-awaited ruling governing patent litigation, the Supreme Court today in TC Heartland v. Kraft Foods reversed long-standing lower court precedent that enabled patent owners, with relatively few restrictions, to sue corporate defendants in jurisdictions in which alleged infringement occurred. Many corporations market and sell products directly or indirectly throughout the
A noted designer and illustrator who worked on “Star Trek: The Next Generation,” has filed a lawsuit over the destruction of his Los Angeles “Six Heads” mural, alleging violation of the Visual Artists Rights Act (VARA) and the California Art Preservation Act. The case is Thrasher v. Siegel et al., case number 2:17-cv-03047, in the […]
The Colorado Department of Regulatory Agencies recently published a notice regarding proposed changes to the Colorado Securities Act (the “Proposal”). This Proposal seeks to add two new rules to the Securities Act (Rule 51-4.8 and 51-4.14), each of which impose various cybersecurity requirements on broker-dealers and investment advisers, respectively. A redline showing the proposed amend
The Internet of Things (or “IoT”) is a hot topic in privacy circles, given its rapid expansion among everyday consumer products. Broadly referring to Internet-connected-devices, the IoT encompasses a variety of consumer goods, such as kitchen appliances (smart ovens and refrigerators), home security, window blinds, light bulbs, and lawn care equipment. Many personal devices are […]
As illustrated by a recent Federal Circuit Decision, the Courts may already be following the recent recommendations of the American Bar Association Section of Intellectual Property Law (ABA), and the Intellectual Property Owner’s Association (IPO). A portion of the ABA March 25, 2017 recommendation states that with regard to Section 101, patent eligibility shall not […]
In Wasica Finance GmbH v. Continental Automotive Systems, Inc., No. 15-2078 (Fed. Cir. 2017), the patentee Wasica Finance discovered, among other things, the importance of using consistent terminology in the patent specification and claims. The patent-in-suit, now expired U.S. Patent No. 5,602,524, is directed to a system for monitoring tire pressure in vehicles. In an […]
Incorporating user-generated content (e.g., video and photo contests) into a promotion can be an effective way to not only build brand awareness but also develop ties with potential customers. However, use of user-generated content can be risky. In particular, requiring participants to post photos or videos and share such content could not only potentially tarnish […]
On March 22, 2017, the United States Supreme Court issued its decision in the case of Star v. Varsity. 580 U.S.___(2017). The opinion concerned the copyrightability of two-dimensional designs, consisting of various lines and chevrons and colorful shapes, appearing on the surface of cheerleader uniforms. Justice Thomas, delivering the majority opinion of the Court, opined […]