Intellectual Property Litigation

Weintraub’s Intellectual Property litigation team brings its vast experience and technical expertise to patent, trademark, copyright, and trade secret litigation matters across the country.   Weintraub’s attorneys are skilled at protecting and enforcing valuable IP as well as defending against lawsuits.  Our Intellectual Property team provides the highest quality legal services using efficient and effective approaches that consistently achieve outstanding results for our clients in their intellectual property disputes.

Our IP litigators represent clients in a wide variety of fields, including the entertainment industry, social media, video games, digital media, STEM applications such as electronics, wireless communication devices and protocols, aeronautical applications, Wi-Fi enabled devices, energy management, microprocessors/microcontrollers, memory devices, smartphones and smart TVs (along with applications), embedded systems, in-home networking for computing and entertainment, consumer electronics, semiconductor process and fabrication technology, packaging, power conversion, software, biotechnology, medical devices, biochemistry, molecular biology, microbiology, genetics and genomics, immunology, agricultural and industrial chemistry, pharmaceuticals, mechanical, as well as other creative fields such interior design and apparel design.

Weintraub represents companies and individuals in litigation in numerous federal district courts and state courts across the country, the Federal Circuit Court of Appeals, in Section 337 investigations in the United States International Trade Commission (ITC), and before the United States Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB).

26 Weintraub Tobin Attorneys Included in Sacramento Magazine’s Top Lawyers List 2021

Weintraub Tobin is pleased to announce that 26 of its attorneys have been recognized as 2021 Top Lawyers by Sacramento Magazine, including 8 attorneys recognized in multiple practices. Voting for Top Lawyers was managed by Professional Research Services and was open to all licensed attorneys in Sacramento.

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“Happy Together” – The Ninth Circuit Plays the Golden Oldies of Copyright Law

Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972.

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The Briefing – Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement

In this bonus episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection.

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Taylor Swift Keeps Fighting the ‘Players’ and the ‘Haters’

In December 2019, Scott Hervey wrote about the copyright infringement lawsuit filed against Taylor Swift by the writers of the song “Playas Gon’ Play.”  The song was released by the girl group 3LW in 2001 and included the lyrics “Playa,

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The Briefing – Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)

In this week’s episode, Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith,

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Supreme Court Finds PTAB Judges Unconstitutional

5-4 Opinion Offers Judicial Workaround by Giving More Oversight to the USPTO Director In U.S. v. Arthrex, case number 19-1434; Smith & Nephew v. Arthrex, case number 19-1452; and Arthrex v.

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I See Dead People…Filing Lawsuits in New York

New York’s post mortem right-of-publicity statute recently came into effect.  Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without .

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Instagram Faces Claims That It Encouraged Media Companies to Illegally Embed Images Posted to Instagram by Users

We recently wrote about a case in the Southern District of New York against Mashable relating to the embedding of content from social media platforms like Instagram.  In that case, the court held that Instagram’s terms of use (which were accepted by the plaintiff,

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Beer: You Know It When You Taste It, Or Maybe Not

Hard seltzer first hit the marketplace about five years ago and rapidly grew in popularity with sales exceeding $4.5 billion in 2020.  Wanting to ride the wave of success, many companies have introduced hard seltzers into this now crowded space. 

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