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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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