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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.

Supreme Court Denies Certiorari in Expansive Ninth Circuit Personal Jurisdiction Case

Last summer, we reported that the Ninth Circuit expanded the “effects test” of personal jurisdiction against foreign copyright infringers in Mavrix Photo v. Brand Technologies.  As we noted then, the Mavrix Photo decision represented an expansion of the Ninth Circuit’s (seemingly ever-changing) willingness to permit its district courts to exercise jurisdiction over out-of-state defendants, holding […]

| 1 min read

Ninth Circuit Bolsters Internet Service Providers’ Defense Against Copyright Infringement Claims

The Ninth Circuit recently bolstered the legal defenses available to Internet service providers in copyright infringement claims based upon users loading copyrighted material on the service provider’s website, in UMG Recordings, Inc. v. Shelter Capital Partners LLC, No. 09-55902, decided on December 20, 2011.  The court rejected the plaintiff’s argument that an Internet service provider […]

| 3 min read

Supreme Court Rejects Challenges to Congressional Authority to Modify Public Domain

The United Supreme Court on January 18, 2012 in Golan v. Holder rejected a challenge to Congress’ authority to modify the copyright status of certain foreign works previously in the public domain.  Writing for the Court, Justice Ginsburg rejected petitioners’ assertion that once a work has entered the public domain it must forever remain there, […]

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Recent Decisions from the District of Arizona Illuminate Ninth Circuit Record Sealing Standards

Litigation often involves information that a company wants to protect from disclosure in public court records, such valuable technical, financial, and business information that is otherwise kept confidential.  One way of protecting this type of information is to seal court records.  Although courts generally are leery to impede the public’s interest in open access to […]

| 4 min read

Ninth Circuit to Revisit Expansive Interpretation of Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, has been characterized as a federal trade secrets statute.  While the characterization is far from rigorous, it is true that the CFAA provides for civil remedies and criminal penalties in some instances where a “protected computer” is accessed “without authorization or exceeding authorized access.”  […]

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The Presumption of Irreparable Harm in Patent, Copyright, and Trademark Infringement Cases

Traditionally, a plaintiff seeking a preliminary injunction in a trademark infringement case has been entitled to a presumption of irreparable harm if the plaintiff can prove likelihood of success on the merits.  In 2006, the Supreme Court decided eBay, Inc. v. MercExchange, L.L.C.  The Court there rejected a categorical rule that a patent infringement plaintiff […]

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Trademark Owners Have Until October 28, 2011 to Reserve Their Trademarks from Registration as .xxx Internet Domains

As the adult entertainment industry’s (the “Sponsored Community’s”) new .xxx sponsored Top Level Domain (“sTLD”) regime is set to come into effect later this year, an inexpensive and practical opportunity for trademark owners to protect their marks from being associated with that industry, is about to expire.  Only until October 28, 2011 — a period […]

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Litigation Implications of the America Invents Act

Today, President Obama signed the America Invents Act, H.R. 1249, into law.  The patent reform legislation took many years to pass, and contains significant changes to the United States patent laws.  This post summarizes those that are most significant from a patent litigation perspective. Post grant review procedure (regulations within a year).  Within nine months after […]

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Supreme Court Will Revisit Patentable Subject Matter in Mayo Collaborative Services v. Prometheus Laboratories, Inc.

The first question of patentability – whether the invention falls within the scope of patentable subject matter – will have been addressed by the Supreme Court twice in three years once the Court issues its opinion in Mayo Collaborative Services v. Prometheus Laboratories. For most of 2009 and the first half of 2010, many eagerly […]

| 2 min read