The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal information were used without her consent to advertise subscriptions to a website. The case, Martinez v. ZoomInfo Technologies, Inc. (decided Sep. 21, 2023), posed interesting substantive and procedural issues concerning the interplay between one’s intellectual property rights and California’s anti-SLAPP law.Continue Reading IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law

The Parmigiano Reggiano Consortium claims that Italy’s renowned Parmigiano Reggiano cheese is one of the most counterfeited cheeses in the world. Scott Hervey and Jamie Lincenberg discuss how they plan to fight off these counterfeits on this episode of The Briefing.

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The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. Fortinet Inc. ( Fed. Cir. 8/2/2023) 2023 U.S. App. LEXIS 19857.

Realtime owned several patents covering systems and methods for digital data compression. In 2017 and 2018, Realtime sued a number of entities in the District of Delaware for infringement of five of its patents. The defendants moved to dismiss Realtime’s complaints on the grounds that the claims in the patents were directed to patent-ineligible subject matter under 35 U.S.C. section 101. In 2019, the district court granted the defendant’s motion and held that all of the claims in the five patents were invalid.Continue Reading Federal Circuit Continues to Strike Down Patents as Abstract Ideas