Law Update Newsletters
Scroll through Ted Sabety’s take on developing stories in the field of technology, electronic media, IP and fashion.
The U.S. Trade Representative Supports Waiving IP Protection for COVID-19 Vaccine Patents and Know-How—But Germany Says “Nein!”
May 5, 2021. The U.S. and Germany are party to the Trade Related Aspects of Intellectual Property Rights “TRIPS” agreement among major nations that is intended to align their intellectual property laws in connection with the World Trade Organization. India and South Africa had requested that the governing council for the TRIPS agreement exercise its power to submit an “amendment” to the...
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Defending a Retail Website in an American Disabilities Act (ADA) Class Action Claim
Sabety + associates, PLLC Defeats an American Disabilities Act (ADA) Class Action Claim brought against a Retail Website. In the case, Traynor v. The Hereafter, Inc. d/b/a Areaware, Inc., 19-cv-3021 (S.D.N.Y.). August 2, 2019, an allegedly visually impaired person...
Surge Of Computer-Related Patents To Issue
Expect a surge of computer-related patents to issue due to relaxation of the prior standard for patentability. Jan. 7, 2019. In a significant development, USPTO has issued new guidelines for examining patent claims over computer process related inventions. The...
U.S. Senate Passes the Music Modernization Act
The Music Industry Reaches a Tortured Compromise as the U.S. Senate Passes the Music Modernization Act September 19, 2018 U.S. Senate Passes the Music Modernization Act, nee’ the “Orrin G. Hatch Music Modernization Act.” The MMA amends the U.S. Copyright Act in a...
The CLOUD Act (Clarifying Lawful Overseas Use of Data Act) Enacted
Trump Signs the CLOUD Act, Microsoft Complies and the U.S. Supreme Court Dismisses U.S. v. Microsoft, but the Forecast Remains Cloudy. April 17, 2018 The Supreme Court dismissed as moot the case United States v. Microsoft Corp. (584 U.S. ___ (2018)) in light of the...
U.S. Court of Appeals Guts Google’s “Fair Use” Defense
U.S. Court of Appeals Guts Google’s “Fair Use” Defense against Oracle’s Copyright Infringement Claim March 27, 2018 The U.S. Court of Appeals, Federal Circuit, reviewing the long record in this case in a 58-page opinion, concluded that Google’s copying was a...
The Court Rules Against The U.S. DOJ Antitrust Division
Public Performance Rights Organizations for songwriters, like ASCAP and BMI (PRO) beat back an effort from the U.S. Department of Justice December 19, 2017. Public Performance Rights Organizations for songwriters, like ASCAP and BMI (PRO) beat back an effort from...
FCC Repeals Net Neutrality
The Federal Communications Commission (FCC) voted in favor of Chairman Pai’s decision to repeal the so-called “net neutrality” regulations December 14, 2017. The Federal Communications Commission (FCC) voted in favor of Chairman Pai’s decision to repeal the...
Threat to China regarding “theft” of U.S. Intellectual Property
Donald Trump’s Threat to China regarding “theft” of U.S. Intellectual Property May Be a Paper Tiger August 15, 2017. Donald Trump’s Threat to China regarding “theft” of U.S. Intellectual Property May Be a Paper Tiger. Following up on some campaign rhetoric (see our...
US Supreme Court Takes a Whack at Patent Trolls
In the case TC Heartland v Kraft Foods, the U.S. Supreme Court reversed cases that permitted patent plaintiffs to sue companies for patent infringement in any of a wide range of federal courts in locales where “jurisdiction” over the defendant could be established....
Fine Tuning of AIA “On Sale Bar” to Patentability
U.S. Court of Appeals Federal Circuit Fine Tunes post – AIA “On Sale Bar” to Patentability: Helsinn v. Teva ( Fed. Cir. May 1, 2017) This case is important because it further clarifies the standard (as in making more strict) when a sale of a product defeats its...
Copyright Protection for “Separate” Decorative Artwork Embodied in a Garment
U.S. Supreme Court Affirms Copyright Protection for “Separate” Decorative Artwork Embodied in a Garment In the case Star Athletica, LLC v. Varsity Brands, Inc., the U.S. Supreme Court had to decide whether the colored stripe patterns that were a feature of Varsity...
Congress Does Away with FCC Data Privacy Regulations
Congress Does Away with FCC Data Privacy Regulations over Broadband Service Providers On March 23, 2017, Congress utilized its statutory “disapproval” mechanism to rescind the Federal Communications Commission (FCC) regulations issued in December 2016 limiting use by...