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The Sixth Circuit Expands Potential Federal Wiretap Act Liability for Developers and Sellers of Cloud-Based Monitoring Software
  • Fenwick & West LLP
  • USA
  • August 23 2016

Last week, the Sixth Circuit expanded potential liability for violations of the Federal Wiretap Act for manufacturers of devices that can be used for


Big Data is the SEC's New Secret Sauce in Search for Potential Accounting Fraud
  • Fenwick & West LLP
  • USA
  • August 19 2016

Public company filings are a goldmine of information for enforcement officials. With big data analysis, U.S. Securities and Exchange Commission


Second Circuit Finds DMCA Grants Safe Harbor to Service Providers for Pre-1972 Sound Recordings
  • Fenwick & West LLP
  • USA
  • August 18 2016

In Capital Records v. Vimeo, the Second Circuit Court of Appeals issued an important decision on the Digital Millennium Copyright Act 512 safe


U.S. Government Accountability Office Releases Two Reports on the United States Patent and Trademark Office and a Survey of USPTO Examiners
  • Fenwick & West LLP
  • USA
  • August 18 2016

The significant growth of patent litigation over the last seven years and the increasing number of patents found to be invalid by court or the Patent


“Reaching Back” to Acts of Continuing Misappropriation Under the Defend Trade Secrets Act
  • Fenwick & West LLP
  • USA
  • August 18 2016

On May 11, 2016, the Defend Trade Secrets Act of 2016 was enacted, creating federal jurisdiction for a civil claim for trade secret misappropriation


TTAB Precedential Decision on Marijuana: How the TTAB Got It Wrong
  • Fenwick & West LLP
  • USA
  • August 18 2016

In a precedential opinion, In re Morgan Brown, the Trademark Trial and Appeal Board affirmed an examiner's refusal to register the trademark HERBAL


The TPP’s Trademark Provisions: Expanding Power at the Potential Cost of Balance in the Marketplace
  • Fenwick & West LLP
  • USA
  • August 18 2016

The Trans-Pacific Partnership, which a number of nations have signed, now awaits ratification in the United States. It has aroused extensive


Will the Supreme Court review whether FDA-mandated bioequivalence testing to maintain approval falls within the 271(e)(1) safe harbor?
  • Fenwick & West LLP
  • USA
  • August 15 2016

The Supreme Court has been asked to review whether the safe harbor established by 35 U.S.C. 271(e)(1) encompasses a generic drug manufacturer’s


What's More Concerning, A Whistleblower or Your Response? Find Out What the SEC Thinks
  • Fenwick & West LLP
  • USA
  • August 11 2016

The U.S. Securities and Exchange Commission has filed a number of actions alleging retaliation against whistleblowers. Most recently, BlueLinx, an


How Trade Dress Can Help Game Developers Level Up
  • Fenwick & West LLP
  • USA
  • August 9 2016

As game developers continue to face both the threat of having their games cloned and accusations that they too are cloning games, it is increasingly