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Rod Berman’s article, co-authored by Alexandra Jia, “Eyeing the Intellectual Property of Wearable Tech,” was published by the Daily Journal. Wearable technology such as Google® Glass (a wearable eyepiece computer that features an LCD screen display and voice activated technology), is proliferating and is impacting a wide range of industries. In this article, Rod Berman […]
“Hot News” and Preemption by Rod Berman This article was originally published in Bloomberg Law Reports on September 6, 2011. Download the PDF: “Hot News” and Preemption In Barclays Capital Inc. v. Theflyonthewall.com, Inc., the Southern District of New York ruled that Theflyonthewall’s use of stock recommendations developed by a number of financial institutions constituted […]
Supreme Court Ruling Maintains Tight Invalidity Standards in i4i L.P. Patent Infringement Case What this means for you Earlier this month, the U.S. Supreme Court issued a decision in Microsoft Corp. v. i4i L.P., 589 F.3d 1246 (Fed. Cir. 2009), upholding a Federal Circuit Court of Appeals decision affirming an award of close to $300 […]
Recent Federal Third Circuit Case Sheds Light on Possible Enforceable Non-Competes in California: Lessons from Bimbo Bakeries v. Botticella By Rod S. Berman and Barbra A. Arnold Reprinted with permission from the Employee Relations Law Journal, Aspen Publishers. To view this article as a pdf, click here. Notwithstanding everything known about how courts cannot prevent […]
IRS Ordered To Help Trademark Licensor Reduce Tax Liability This article, written by Rod S. Berman, was originally published in les Nouvelles, the journal of Licensing Executives Society International, and is reprinted here with their permission. To download a PDF of this article, click here. Companies regularly enter into trademark licenses to obtain the right […]
The National Law Journal A Microsoft Win Could Benefit Other Defendants by Rod Berman and Joshua Hodas This article was published in The National Law Journal, January 31, 2011. To download a PDF of this article, click here. Reprinted with permission from ALM Media Properties, LLC. Copyright 2011. All rights reserved. In 2011, the U.S. […]
Some Like it Hot Digital technology has raised questions about the reach of the tort of the misappropriation of hot news This article was originally published in the December 2010 issue of Los Angeles Lawyer. This article was republished in the April 2011 issue of The Computer & Internet Lawyer. To download a PDF of […]
Business Models Based on "Business Method" Patents May Be at Risk Businesses that rely upon "business method" patents to protect their market share received a mixed message this week in the U.S. Supreme Court decision Bilski v. Kappos. While the Court indicated that specific application of some business methods may still be protectable by patents, […]
New Cottage Industry: Boon or Bust? By Rod S. Berman Reprinted with the permission of Daily Journal Corp. (2010) Legal cottage industries built upon claims of intellectual property infringement are established and growing. For example, in the apparel field, entities purporting to own copyrighted fabric designs are employing the Copyright Act to obtain huge numbers […]
Rod Berman and Berney Gans’s article, “The Inherency of the Patent Right to Have Made”, discussing a Federal Circuit ruling on patent licensing, was published by the Daily Journal. To read the full article, click here.
