Law Update Newsletters
Scroll through Ted Sabety’s take on developing stories in the field of technology, electronic media, IP and fashion.
U.S. Supreme Court Orders Review of U.S. Patent Office Reexamination Proceedings by USPTO Director In Order to Comply with the U.S. Constitution
June 21, 2021. In the case U.S. v. Arthrex et al., No. 19-1434, the U.S. Supreme Court splintered over the question of whether USPTO administrative law judges, when issuing a patent validity decision that by statute could not be reviewed by the Director of the USPTO, thereby exercised judicial power in violation of the Constitution because these judges were not appointed with the “advice and...
Join Our Mailing List
Newsletter Archives
USPTO GRANTS SOME DEADLINE EXTENSIONS ARISING FROM COVID-19 BUT IT IS RISKY MEDICINE
April 15, 2020. Under the authority Subsection 12004(a) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act enacted on March 27, 2020 the United States Patent and Trademark Office (USPTO) has extended certain deadlines to file trademark and patent...
Blackbeard Strikes Again via the U.S. Supreme Court
Beware Software Vendors! Blackbeard Strikes Again via the U.S. Supreme Court. March 23, 2020, A videographer that documented the salvaging of Blackbeard’s sunken vessel found off of the Carolina coast sued the State of North Carolina for copyright infringement...
Ex-Google Engineer in Plea Agreement Over Federal Trade Secret Theft Charges
Ex-Google Engineer in Plea Agreement Over Federal Trade Secret Theft Charges – a Lesson in Trade Secret Protection. March 20, 2020, Federal prosecutors had charged Google’s senior self-driving car engineer with 33 counts of trade secret theft stemming from his...
EMPLOYEES WORKING FROM HOME RAISE IP AND DATA SECURITY LIABILITY ISSUES
The COVID-19 virus outbreak is causing many businesses to have employees work from home. There are IP and data security legal issues at play: trade secrets may lose their status, non-disclosure agreements may get breached and consumer data may get mishandled. Our...
Music Publishing Weighs In on “Fair Use” in Computer Language Copyright Dispute
February, 2020. The ongoing dispute between Google and Oracle over the Java computer language, now before the U.S. Supreme Court, has attracted the attention of the music publishing industry. The Songwriters’ Guild of America (SGA) filed an amicus brief before the US...
Willful Patent Infringement While Case is Under Appeal
February, 2020. The U.S. Supreme Court let stand a finding of willful patent infringement against Apple where the willfulness was found to commence upon the jury verdict of infringement by the lower court. This finding was made despite Apple having a right to appeal...
ARE YOU READY FOR THE CALIFORNIA CONSUMER PRIVACY ACT? (CCPA)
This is a new law that the California AG has stated will be enforced beginning July 1, 2020. The intent is to rein in use of California resident’s personal information by “businesses”. Loosely, a “business” is defined as an entity (and its affiliates) operating in...
SABETY WINS A PATENT TROLL CASE USING ARCHIVED MATERIALS
The firm threatened a patent troll with sanction for bringing a frivolous patent infringement case in Scanning Technologies Innovations, LLC v. Shopkeep, Inc., Case No. 1:19-cv-02010-CFC (D. De.) The plaintiff withdrew the complaint. The alleged infringing software...
QUANTUM COMPUTING IS IN THE NEWS, BUT WHO HAS THE IP?
We have been asked this question several times. Below is the skinny, but we are finishing a white paper with more detail. If you want a copy of the white-paper, please send an inquiry with your full contact information to: info@sabety.net. The idea of using the...
U.S. Supreme Court Lets Stand Federal Circuit Decision Denying that a Discovered Diagnostic Correlation is Patentable Subject Matter
The denied petition by Athena was for restoration of its patent over using a newly discovered natural phenomenon: correlation between a particular antibody and a particular neurological disease. Athena asserted that the “method detects a molecule never previously...
Ad Injection Technology Presents Trademark Liability Risks
Sabety + associates, PLLC Advises on Trademark Liability Risk Arising from “Ad Injection” Technology. Another area that has been a hot topic for us lately is the use of competitors’ trademarks in keyword searches. A Federal Court in New York has noted that “Virtually...
Unusual New Ruling in Music Copyright Law
Court in California Forgets about the Doctrine of Scènes à Faire in Copyright Law and finds Copyright in a Musical “Function.” In a bizarre case alleging copyright infringement by a pop-star, Marcus Gray et al v. Katy Perry et al, 2:15-cv-05642-CAS-JC, (C.D.C.A.) a...