04 Nov, 2024 Online Consent to Tracking Software Under California Law: A Dive into the Shah v. Fandom Case By Christopher Ott An online advertising gold rush began from an unlikely source: meticulously mining the data beneath every click, scroll and interaction....
16 Oct, 2024 The GoldiLocks Principle: New Ninth Circuit Decision Makes It Clear that Privacy Policies Should Neither Be Too Short or Too Long By Christopher Ott Sophisticated businesses face complex and fast-changing privacy laws. On the internet, many companies have chosen to address that...
21 Aug, 2024 Allergan Holding Protects "First-Filed" Parent Patents from Their Misbehaving Patent Offspring By Jonathan B. Thielbar This month, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., the Federal Circuit added to the ongoing patent-family drama...
30 Apr, 2024 Appeals Court Signals Narrowing of Fair Use Doctrine Post-Warhol By Frank D. D'Angelo Copyright attorneys eagerly anticipated the U.S. Supreme Court's fair use opinion in Andy Warhol Foundation for the Visual Arts, Inc. v....
25 Apr, 2024 Amending ANDA by Purportedly Carving Out Infringing Use—After Trial—Does Not Rescue the Amended ANDA from the Negative PIV Judgment By Dan Liu The district court in Salix Pharmaceuticals, Ltd. et al v. Norwich Pharmaceuticals, Inc., Civil Action No. 20-430-RGA (D. Del.) was asked...
04 Dec, 2023 The Perils of Incorporation by Reference at the Federal Circuit By Ryan Hagglund Because judicial resources are limited, virtually all courts impose length limitations, such as word, page, or line limits, for briefing....
21 Nov, 2023 Vicarious disqualification of in-house legal department By Kathleen Gersh Although unusual, we have all heard of an attorney being disqualified from representing a client. We are also familiar with that...
20 Nov, 2023 Investors File Class Action Suits against Insecticide Manufacturer Regarding Statements Concerning Patent Litigation By Ryan Hagglund Manufacturers of pharmaceuticals, biologics, and herbicides, as well as companies in virtually every industry, routinely make statements...
14 Nov, 2023 Hawaii Title IX Settlement Breaks New Ground By Brian R. Socolow Based on recent headlines involving the expansion of the National Women's Soccer League, including its new $240 million media deals, the...
27 Oct, 2023 Injunction Against Apple Watch? By William J. Kramer As we all know, injunctions are virtually impossible to obtain in federal patent litigation. However, the U.S. International Trade...
23 Oct, 2023 Why It's Important to Disclose When Promotional Material Is Paid for by the Subject Company By Giovanni Caruso On October 17, 2023, the SEC issued a press release relating to certain defendants in a case brought against RenovaCare, Inc. and certain...
26 Sep, 2023 Indemnity Protection from AI Platforms is Coming! By Brian Heidelberger It was interesting to recently hear that Microsoft will pay legal damages on behalf of customers using its artificial intelligence (AI)...