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.

Firm Highlights

Publication

What California’s New Security Law Means to Your Business

Commonsense IoT security steps that startups and small business should consider to comply with California’s new law California recently enacted a new law, Senate Bill 327, that requires companies that make Internet of Things...

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News

Farella Braun + Martel Recognized by Chambers USA 2019

SAN FRANCISCO, April 25, 2019:Farella Braun + Martel announces that Chambers USA has recognized 11 lawyers and five practice areas in the legal directory’s 2019 edition. Practice Area Recognition:  Of note, this year the...

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Publication

Supreme Court Upholds Constitutionality of Inter Partes Review of Issued Patents

In 2012, Congress created a new procedure that allows the U.S. Patent and Trademark Office to conduct a litigation-like procedure to review and potentially cancel patents. This procedure - inter partes review (“IPR”) - has...

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Publication

Will It Go Forward? First Cannabis Patent Infringement Case Filed in Federal Court

A patent infringement case pending in front of the U.S. District Court for the District of Colorado has the potential to set an important precedent that will have ramifications for many of our clients...

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News

Daily Journal Names Jeff Fisher Among Top IP Lawyers in California

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Publication

Who 'Owns' a Secret? Whether Trade Secret Licensees Have Standing to Sue in California

If the eye-popping damages awards in several recent lawsuits are any indication, companies are increasingly coming to see their private information as one of their most valuable assets—and California juries apparently agree. For example,...

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News

Farella Braun + Martel Attorneys Named 2019 IP Stars by Managing Intellectual Property

SAN FRANCISCO, May 21, 2019: Farella Braun + Martel’s James L. Day , Jeffrey M. Fisher , Eugene Mar , Stephanie P. Skaff and Roderick M. Thompson have been named IP Stars by Managing...

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Publication

Supreme Court Allows Recovery of Foreign Lost Profits For Shipping Components of a Patented Invention Overseas

On June 22, 2018, the Supreme Court issued a decision in WesternGeco LLC v. Ion Geophyiscal Corp. addressing whether foreign lost profits can be recovered for infringement under 35 U.S.C. § 271(f)(2) of the...

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