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07.18.18
Patent Owners Still Need a Sound IP Roadmap to Survive Inter Partes Review Challenges
By Procopio Partner Noel C. Gillespie Recently, there have been several positive events for patent owners with respect to the Inter Partes Review (IPR) process created as part of the America Invents Act (AIA). While these developments are welcome, the IPR process will remain flawed and biased against inventors and the innovation economy until the lower burden of proof required to invalidate a claim in an IPR is addressed. It is therefore important to understand the threat to your IP portf...
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07.16.18
Is Your Intent Bona Fide? Intent-To-Use Trademark Applications, Part One
By Procopio Partner Pattric J. Rawlins and Associate Rosie Kim So you are planning to hit the market with a new product or service, and you have an awesome idea for a unique brand. You know it’s important to protect that brand with a trademark. However, do you also know how important it is to make sure that your trademark application properly captures the correct owner of the mark and that you have appropriate documentation regarding your intent to use the mark? In this article—th...
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07.12.18
4 Tips for Employers Who Allow Employees to Use Their Personal Electronic Devices for Work
By Procopio Senior Associate Olga Savage It is a growing trend, one that may already be occurring at your company. Employers are implementing policies and practices that permit, or even require, their employees to use their personal electronic devices (e.g., laptops and smartphones) and data services (e.g., backup and file-sharing software) for work-related purposes. The appeal of such Bring-Your-Own-Device (BYOD) practices for both employers and employees is undeniable. Employers avoid t...
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07.09.18
What to Do About Union Dues? Janus, SB 866 and Charter Schools
A recent landmark decision by the U.S. Supreme Court, Janus v. AFSCME, struck down California state laws that force public employees to pay even a percentage of union dues on the grounds that this “violates the free speech rights of nonmembers by compelling them to subsidize [the union’s] private speech on matters of substantial public concern.” As a practical matter, the Court’s ruling empowers employees who were previously held hostage to opt out of paying any union dues. This could...
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06.29.18
California Passes Landmark Consumer Privacy Law: What You Need to Know Now
By Procopio Associate Nicholas Kawuka In a significant action that imposes new privacy obligations on California companies while forestalling possibly more onerous requirements from a citizen ballot initiative, on June 28, 2018, the California legislature unanimously passed and Governor Jerry Brown signed into law the California Consumer Privacy Act. When it becomes effective, this amendment to the California Civil Code will make sweeping changes to California’s privacy laws, impacting ...
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06.28.18
Why Software Owners Should Welcome a Recent Federal Circuit Decision
By Procopio Partner Noel C. Gillespie We’ve seen many developments in recent years that have weakened patents or made them easier to invalidate, which have led to increasing confusion as to what is actually patentable, and how a claim will be construed once it is challenged. That’s why patent owners—in particular companies patenting software-related innovations—should take solace in a recent Federal Circuit decision that could bring much-needed clarity to how a claim will be const...
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06.27.18
Immigration, English-Only and National Origin Protections: What Every California Employer Needs to Know
By Procopio Associate Lauren N. Vega Effective July 1, 2018, every California employer must comply with new regulations that prohibit language restrictions in the work place, inquiries regarding immigration status, and employee height and weight requirements. California’s Fair Employment and Housing Commission (“FEHC”) has adopted expansive new Fair Employment and Housing Act (“FEHA”) regulations that expand the definition of “national origin” and aim to broaden protections ...
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06.26.18
U.S. Supreme Court Holds Some Foreign Sales May be Included in Patent Infringement Damages
By Procopio Partner Robert H. Sloss The U.S. Supreme Court has weighed in on yet another patent law matter that, in contrast to other decisions in recent years, actually favors many U.S. patent owners and technology companies. As companies look to market their products across international borders, they have found it necessary to navigate the maze of national and regional laws regarding the protection of intellectual property in order to guard against the theft of their key technologies. ...
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06.14.18
What Building Owners Need to Know About New Energy Disclosure Requirements
By Senior Associate Luisa F. Elkins New California state regulations are impacting numerous owners of commercial property across the Golden State. Specifically, owners of nonresidential buildings face new disclosure requirements regarding energy use, with potential legal ramifications for noncompliance. Here’s what California building owners need to know to stay on the right side of the law. The California Energy Commission (CEC) issued regulations on March 7, 2018, establishing the...
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05.21.18
U.S. Supreme Court Gives "Epic" Endorsement of Employment Class Action Waivers
Today employers woke to the welcome news that the United States Supreme Court has determined that class action waivers in mandatory employment arbitration agreements (i.e. without an “opt out” provision) are valid and enforceable. In Epic Systems Corporation v. Lewis, the Supreme Court rejected the argument that class action waivers violate employees’ rights under Section 7 of the National Labor Relations Act (NLRA) to engage in “protected concerted activities.” With today’s decis...
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