Authors Guild v. HathiTrust

We submitted an amicus brief on behalf of the Electronic Frontier Foundation in support of the HathiTrust “mass digitization” project. HathiTrust, backed by a consortium of university libraries and Google, has digitized millions of copyrighted books and incorporated them into a database without the consent of copyright owners. The brief addressed whether changing a work from print form to a digital database in order to add new uses counts as “transformative” under copyright fair use factor 1. In June 2014, the Second Circuit affirmed the district court’s decision that HathiTrust Digital Library’s use of the copyrighted works for full-text search constitutes a “fair use.” The court also affirmed the district court’s ruling that fair use allows the libraries to provide the works in formats accessible to the print-disabled.

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Farella Braun + Martel Ranked Among “Best Law Firms” by U.S. News & World Report and Best Lawyers

SAN FRANCISCO, November 5, 2020: Farella Braun + Martel earned national and regional rankings across a number of practice areas in the U.S. News & World Report and Best Lawyers® release of the “Best...

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How Antitrust and Unfair Competition Laws Affect Platform Providers’ Relationships With ISVs, API Developers, and Scrapers

A wide variety of business and consumer platforms host mutually beneficial ecosystems. But these ecosystems are also fraught with antitrust risk that arises when platforms try to terminate or modify the terms of third-party...

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Breaking up the Patent Monopoly for the Benefit of Batteries

The patent monopoly is at odds with the global need for battery storage technology. As the world mobilizes towards climate change solutions, companies with battery patents will face increasing pressure to share this critical...

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3 Things To Know After Busy WDTX Patent Judge's 1st Trial

Eugene Mar spoke to Law360 about the  MV3 Partners LLC v. Roku Inc.  case in the article, " 3 Things To Know After Busy WDTX Patent Judge's 1st Trial." In the article, Eugene said he's...

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Farella Braun + Martel Elevates Five to Partner

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Cannabis IP: Using Intellectual Property to Protect Your Assets and Grow Your Business

Join Nate Garhart and Ashley Roybal-Reid in the discussion on "Cannabis IP: Using Intellectual Property to Protect Your Assets and Grow Your Business." Intellectual property (IP) is a critical issue in the cannabis industry...

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Artificial Intelligence Can’t Patent Inventions: So What?

The USPTO’s  recent landmark decision  ( 16/524,350 ) concluding artificial intelligence (AI) cannot be a named patent inventor perhaps sparked fears of super-robots inventing critical technologies that, alas, receive no patent protection. If an...

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Three Steps Licensees Can Take to Protect Their IP Rights in Bankruptcy

During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their contracting counterparts in order to protect key...

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Insights Into the First Patent Trial in Waco, Texas - MV3 Partners v. Roku

A 7-person jury in Waco, Texas, recently returned its verdict in the first patent trial held before Judge Albright: defense verdict, no finding of infringement. In the MV3 Partners v. Roku dispute, MV3 Partners...

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Farella Braun Files Amicus Brief in Support of Humanitarian Organizations in Ninth Circuit Appeal of WhatsApp v. NSO

SAN FRANCISCO, December 23, 2020: Northern California legal powerhouse Farella Braun + Martel today submitted an amicus brief in support of civil society organizations in the NSO Group v. WhatsApp appeal pending before the...

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