Michael Nguyen

Practus partner, Tim Billick, is speaking today on copyright litigation in the context of political campaigns at the Seattle Intellectual Property Chapter of the American Inns of Court. Tim says says, “Copyright infringement lawsuits, or at least the threat of them, have long been the other running mates in political races. Campaigns unfailingly wrap themselves in the doctrine of fair use. And then it just gets more complicated from there.” We'll be putting together some takeaways of this fascinating topic soon enough. For now, you can learn more and subscribe to our Practus News to stay up to date here: https://lnkd.in/dd9yVVsc #thepractusway #practuslaw #iplaw #ip #modernattorney #clientfocused

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Copyright allies -- on June 5, 2024 (Wednesday) at 12pm Pacific time, I'll be co-hosting another monthly Copyright Interest Group call of the California Lawyers Association. We'll have a couple of superb guest speakers -- i.e., Aaron Moss and Jeremy S. Goldman -- and we'll be discussing the most recent copyright developments over the past month, including: - USSC rules that copyright damages for a timely claim under the discovery rule can proceed past three years (Warner Chappell v. Nealy) - USSC declines to decide whether the discovery rule even applies to copyright claims (Hearst v. Martinelli)  - Copyright Act preempts X/Twitter's web scraping state law claims under copyright law’s “conflict preemption” - The latest developments in GenAI/copyright litigations - Cher triumphs in lengthy copyright termination battle against Sonny Bono’s widow regarding re royalty payments - Second Circuit upholds Childish Gambino’s victory in ‘This Is America’ infringement case - Netflix obtains en banc Tenth Circuit hearing on the ‘Tiger King’ appeal - Internet Archive fails to dismiss record labels’ copyright lawsuit over IA’s ‘Great 78’ phonograph archiving project If you'd like the Zoom info for the June 5th call, please send me a message. #copyright

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A recent Bloomberg Law article highlights a notable trend: Major law firms are scaling back their California hiring efforts as profitability pressures rise. While the Golden State has long been a key legal market, firms are now taking a more selective approach, focusing on roles that align with strategic growth and high-value practice areas. At OpusLex Partners, we’re keeping a close eye on these market shifts to ensure our clients and candidates stay informed and positioned for success. Whether you’re a firm refining your hiring strategy or a legal professional navigating new opportunities, understanding these trends is crucial. Read more to see how this evolving landscape could impact your next move. https://lnkd.in/eTVpnhx2

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Pryor Cashman Partner Robert deBrauwere and Associate Scott Resnick co-authored a client alert detailing the recent amendments to the California Consumer Privacy Act (CCPA) signed into law by Governor Gavin Newsom on September 28, 2024. These amendments introduce significant changes, including the inclusion of neural data as a category of sensitive personal information and the expansion of the definition of personal information to include AI systems. Businesses will need to carefully review their data practices to comply with these updates, set to become operative on January 1, 2025. Read more here: https://lnkd.in/evkWy2xt #PryorCashman #CCPA #CaliforniaConsumerPrivacyAct #CyberSecurity #DataPrivacy

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The Federal Circuit recently denied Haptic, Inc.'s petition for mandamus to overturn a district court order transferring their patent case from the Western District of Texas to the Northern District of California. Just so you know, Haptic is a start-up. The case involves Haptic alleging that Apple's “Back Tap” feature on iPhones infringes U.S. Patent No. 9,996,738, which covers gesture detection systems. Despite Haptic's deep Texas ties, the court ruled in favor of Apple's motion to transfer, emphasizing the convenience of parties and witnesses. 🔍 Key Takeaways: Private Interest Factors: - Ease of Access to Proof: Relevant evidence typically comes from the accused infringer, favoring transfer to California. - Compulsory Process for Witnesses: This factor was neutral. - Cost of Attendance for Witnesses: Favored transfer due to the concentration of Apple's personnel in Northern California. Public Interest Factors: - Local Interest: Significant local interest in California, where Apple's Back Tap feature was developed. - Court Congestion and Administrative Difficulties: These factors were neutral or slightly favored transfer. The district court's decision aligns with recent Federal Circuit guidance, emphasizing the importance of considering where the accused technology was developed. 💡 Implications for Practitioners: This case underscores the weight courts give to the convenience of parties and witnesses in transfer motions, particularly in patent cases involving large tech companies. It also highlights the evolving considerations of venue and jurisdiction in IP litigation. #IntellectualProperty #PatentLaw #LegalUpdate #CAFC #IPStrategy #VenueTransfer #Mandamus #USPatentLaw #IPLitigation #PatentLitigation #TechLawyer Link to the full document: (https://lnkd.in/gVr7--56)

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Key advice from Ann for outside counsel: sometimes winning the case you’re handling isn’t the most important thing to the client.

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On Sept. 24, 2024, California Gov. Gavin Newsom signed AB 2426 into law. Beginning Jan. 1, 2025, sellers and advertisers of digital goods in California must conspicuously and explicitly disclose to consumers when a transaction will grant a license to use or access a digital good, rather than provide an unrestricted ownership interest. Read more in this #GTAlert written by edward chansky, Adil Khan and Jacob Langsner: https://bit.ly/41nb28U. #CaliforniaLaw #DigitalGoods #MarketingLaw #AdvertisingLaw #Litigation

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Mike Hammer and Dr. Jing Liu, Ph.D. have been quoted in the Law360 article, “Why Dickinson Wright Launched IP-Focused San Diego Shop.” Both highlight the multiple areas of opportunity – including life sciences – which Dickinson Wright is tapping into by opening its San Diego office. Read the full article here: https://bit.ly/3NIwQnz #iplaw #biotechlaw #lifesciences

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🚀 Registration is open for our 7th Annual Berkeley Law AI Institute, the premier event for legal innovators. 💵 Save 25% (that's $1,000!) when you register for in-person attendance by August 2 ➡ https://lnkd.in/g7kMT5Za By the end of this three-day conference, you’ll be able to: ✔ Provide more effective legal counsel on AI-related matters ✔ Make informed business decisions based on real-world developments in technology and policy ✔ Understand the ethical dilemmas that characterize AI adoption ✔ Evaluate risks associated with AI-powered products and services ✔ Navigate the future of legal practice in the age of AI

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The United States Court of Appeals 5th Circuit just announced it will not adopt a proposed rule specifically requiring disclosure and other requirements for attorneys who use AI as part of their practice. Upon reflection, and based upon a lot of negative feedback on the proposed rule, they recognized that existing rules already cover the same situations. Specifically, attorneys are enforceably required to stand behind the truthfulness and accuracy of court filings. However, the court admonished litigants and lawyers alike that “I used AI” will not be an acceptable excuse for violating existing rules! Here is the formal notice from the court: https://lnkd.in/gJWyEyxg For color, here also are some recent news articles on this announcement: * Reuters: https://lnkd.in/gJmjWSqv * Bloomberg Law: https://lnkd.in/gaVqCkHi And, since I have it at hand, for your convenience, here is the full statement by the court: “The court, having considered the proposed rule, the accompanying comments, and the use of artificial intelligence in the legal practice, has decided not to adopt a special rule regarding the use of artificial intelligence in drafting briefs at this time. Parties and counsel are reminded of their duties regarding their filings before the court under Federal Rule of Appellate Procedure 6(b)(1)(B). Parties and counsel are responsible for ensuring that their filings with the court, including briefs, shall be carefully checked for truthfulness and accuracy as the rules already require. “I used AI” will not be an excuse for an otherwise sanctionable offense.” Personally, I think this court got it right. To the extent existing rules cover situations arising from use (or misuse) or AI, it is a good idea to apply those rules first before seeking to make more rules. In the event of demonstrable failures of existing rules, then perhaps it will be more practical to craft new rules to address the gaps that have been revealed. But it is, apparently, a very good idea to sound the alarm far and wide, loud and clear: sometimes generative AI provides incorrect or otherwise unsuitable information and it remains the duty of the attorney (among others) to carefully review and stand behind any work they pass forward. That concludes my public service announcement for today :-)

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On May 16th, join us for the Copyright Office Comes to California program, hosted by the Intellectual Property Law Section of the California Lawyers Association. Our hybrid (live-stream option available) event, held at the Oracle Conference Center in Redwood Shores, California, is one of the premier IP conferences in the state. Hear from representatives of the Copyright Office, including Register Perlmutter. Learn more and Register here today! >> https://lnkd.in/ggQWWxBu #CopyrightLaw #IntellectualProperty #CLAIPLaw

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On May 16th, join us for the Copyright Office Comes to California program, hosted by the Intellectual Property Law Section of the California Lawyers Association. Our hybrid (live-stream option available) event, held at the Oracle Conference Center in Redwood Shores, California, is one of the premier IP conferences in the state. Hear from representatives of the Copyright Office, including Register Perlmutter. Learn more and Register here today! >> https://lnkd.in/ggQWWxBu #CopyrightLaw #IntellectualProperty #CLAIPLaw

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On May 16th, join us for the Copyright Office Comes to California program, hosted by the Intellectual Property Law Section of the California Lawyers Association. Our hybrid (live-stream option available) event, held at the Oracle Conference Center in Redwood Shores, California, is one of the premier IP conferences in the state. Hear from representatives of the Copyright Office, including Register Perlmutter. Learn more and Register here today! >> https://lnkd.in/ggQWWxBu #CopyrightLaw #IntellectualProperty #CLAIPLaw

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