News & Analysis as of

Intellectual Property Protection Affirmative Defenses

Davis Wright Tremaine LLP

Mile-High Risk: Colorado Enacts Risk-Based AI Regulation to Address Algorithmic Discrimination

On May 17, Colorado Governor Jared Polis signed into law the Colorado Artificial Intelligence Act (SB 205)("CAIA"), a measure passed out of the legislature on May 8 and now scheduled to become effective February 1, 2026. The...more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: City Skylines and Stadium Seating

This week, we take a look at Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Clarifies Equitable Intervening Rights Extends Beyond Protecting Monetary Investments

On February 19, in John Bean Technologies Corp. v. Morris & Associates, Inc., the Federal Circuit affirmed a finding that accused infringer Morris was entitled to continue making, offering for sale, and selling its accused...more

Dorsey & Whitney LLP

To Kalon: Trademark or Geographical Description

Dorsey & Whitney LLP on

The Northern District of California concluded last week that Constellation Brands has the exclusive right to use the TO KALON and TO KALON VINEYARD marks on wine, and that The Vineyard House, LLC (TVH) “cannot use the term in...more

Orrick - Trade Secrets Group

The Interplay of Patents and Trade Secrets in Protecting IP

Often companies are faced with a dilemma in protecting their IP—should the company disclose its IP to the world and seek a patent that will protect its IP for a set number of years? Or, should the company keep the IP a secret...more

Orrick - Trade Secrets Group

#SecretTweets: Protecting Social Media As A Trade Secret?

Social media today connects people more than ever. It can be a means to bring together long-lost friends, new acquaintances, and love interests, or the public with celebrities, sports teams, new products, and companies—to...more

Patterson Belknap Webb & Tyler LLP

Mattress Wars: Casper’s Inequitable Conduct Counterclaim Against Serta Remains

On January 25, 2018, United States District Judge Alvin K. Hellerstein (S.D.N.Y.) denied plaintiff Serta Simmons Bedding, LLC’s (“Serta”) motion to dismiss defendant Casper Sleep Inc.’s (“Casper”) counterclaim and affirmative...more

Womble Bond Dickinson

Rethinking Fair Use in the DMCA Context

Womble Bond Dickinson on

On September 14, 2015, the Ninth Circuit Court of Appeals, ruling in Lenz v. Universal Music Group, 2015 U.S. App. LEXIS 16308 (“Lenz 2015”), affirmed the denial of the respective parties’ motions for summary judgment... In...more

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