Weintraub Tobin Intellectual Property attorneys understand that protecting intellectual property is vital to achieving and increasing commercial success for individuals and businesses in the global marketplace. Our Intellectual Property team provides the highest quality legal services using practical and effective approaches that consistently achieve outstanding results for our clients in cutting-edge transactions and complex intellectual property disputes.
Weintraub Tobin is a full-service IP firm representing clients in both transactional and litigation matters. We provide strategic advice and counseling to companies at all stages of growth to help them develop or acquire all forms of intellectual property, and to protect, manage, license, enforce, and defend that intellectual property.
Our attorneys have broad industry experience and specialized academic backgrounds, including advanced technical and scientific degrees. We understand our clients’ technology as well as their business objectives.
We have substantial experience in a wide array of fields, including:
Weintraub attorney Justin M. Borrowdale presented a virtual workshop with StartupSac focusing on intellectual property control and protection for tech startups. Summary: How do you protect the great ideas that launched your tech startup? There’s more to it than filing a patent or registering a trademark. In this workshop, attorneys…
Weintraub attorney Jessica Corpuz hosted a one-hour webinar about Intellectual Property Law and will specifically address The Consolidated Appropriations Act of 2021. A recording of this webinar can be viewed on the Weintraub Tobin YouTube page. Please note that this webinar is for educational purposes only and should not be construed…
Weintraub attorney Scott Hervey was a speaker for the IP Year in Review Webinar co-hosted by The SCBA Intellectual Property Law Section and the Intellectual Property Student Association of McGeorge School of Law.
Attorney Jo Dale Carothers speaks at the Women Leadership in San Diego Intellectual Property event on Thursday, October 24, organized by the San Diego Intellectual Property Law Association. Please join us as the panelists provide their thoughts and perspectives about the past, present, and future of careers within the San…
Summary of Program Join attorneys from Weintraub Tobin’s Intellectual Property Group (Jo Dale Carothers and Audrey Millemann) for this 1 hour MCLE program. Program Highlights Overview of Cloud Computing and Cloud StorageWho owns the information in the Cloud?How are Patents, Copyrights, Trademarks and Trade Secrets affected by the Cloud?How private…
Summary of Program Join a panel of Weintraub Tobin attorneys and Touchdown Ventures venture capitalists to discuss the preliminary work that must be done before looking for investment and the details of seed and A round financing.
Three Weintraub attorneys will speak to wineries and winemakers about legal challenges for facility development, land management and business operations at two half-day seminars on Wednesday, November 9th and Thursday, November 17th. The seminar for the Motherlode & Northern California Wineries and Vineyards will cover recent trends and topics relating…
On September 15, 2008, intellectual property and new media shareholder Scott Hervey will speak at the annual UC Davis Entrepreneurship Academy. Scott will provide an informative review of intellectual property rights from a legal prospective.
In an August 22, 2023, article for The Information, Weintraub shareholder and IP attorney Scott Hervey provided guidance on what can be copyrighted under existing U.S. Copyright Office rulings when it comes to AI-generated material. Only the human-created portion of work containing AI-generated material can be copyrighted. – Scott Hervey…
Weintraub Tobin is pleased to announce that 25 of its attorneys have been recognized in the 2024 edition of The Best Lawyers in America®, and eight attorneys have been named to the 2024 edition of the Best Lawyers: Ones to Watch in America. Three attorneys have also named “Lawyer of…
Weintraub Tobin is pleased to announce that 31 of its attorneys have been selected to the 2023 Sacramento Magazine Top Lawyers list. Weintraub’s attorneys are recognized in various categories, including Business/Corporate law, Employment & Labor law, Estate Planning & Probate law, and Real Estate law. The complete roster of Weintraub…
Weintraub Tobin is pleased to announce that Jo Dale Carothers, Ph.D., has been selected to the 2023 San Diego Super Lawyers© list. Each year, no more than five percent of lawyers in the state are selected to receive this honor by the research team at Super Lawyers. This is her…
Weintraub Tobin is pleased to announce that Weintraub has been recognized as the Top Trademark Law Firm and attorney Scott Hervey has been named a Top Trademark author in the 2023 JD Supra Readers’ Choice Awards. The Readers’ Choice Awards recognize authors and firms across 31 cross-industry topics for their…
In a January 25th article for The Optionist, Andy Lewis spoke with Weintraub shareholder Scott Hervey about their video and podcast series “The Briefing by the IP Law Blog.” They addressed commonly asked IP questions and discussed cases currently making headlines. When asked whether former Lakers coach Jerry West’s threat…
The Briefing by the IP Law Blog, a podcast and video series founded and hosted by Weintraub attorneys Scott Hervey and Josh Escovedo, releases its 100th episode on December 16, 2022. Launched in 2020, The Briefing posts weekly episodes covering current intellectual property issues related to trademark, copyright, entertainment, and…
Weintraub Tobin is pleased to announce that 28 of its attorneys have been selected for inclusion in the Top Lawyers 2022 list from Sacramento Magazine. Ten of the listed Weintraub attorneys are recognized in multiple practice areas. The Top Lawyers list, featured each year by Sacramento Magazine, recognizes prominent attorneys in the…
Intellectual Property attorney Jo Dale Carothers is featured in the 2022 edition of San Diego Super Lawyers Magazine. In a section called “Prior Practice,” Jo Dale discusses how her academic career in engineering led to working with JPL to help decode images from the Mars Pathfinder. Her engineering expertise was later put to…
Weintraub Tobin is pleased to announce that Jo Dale Carothers, Ph.D., has been selected to the 2022 San Diego Super Lawyers list. Each year, no more than five percent of lawyers in the state are selected to receive this honor by the research team at Super Lawyers. Jo Dale Carothers…
Weintraub Tobin is pleased to announce that attorneys Scott Hervey and Josh Escovedo have been named as the top two Trademark authors in the 2022 JD Supra Readers’ Choice Awards. Scott Hervey, who ranked second in a pool of over 1,500 Trademark authors on JD Supra this year, is an…
In JBrick, LLC v. Chazak Kinder, Inc. et al, 1-21-cv-02883 (EDNY Sep. 21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff had created a “unique, accurately scaled, genuine LEGO®-brick interpretation”…
On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board. The decisions in question are those decisions of the Patent Trial and Appeal Board to deny or grant petitions to institute…
By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Instagram, LLC, and affirmed the trial court’s ruling that Instagram,…
It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, questioned the scope and validity of the Server Test, a copyright doctrine that was established by the 9th Circuit and has since been rejected by…
In Buergofol GmbH v. Omega Liner Company, Inc., 4-22-cv-04112 (DSD Jul. 13, 2023) (Karen E. Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the plaintiff failed to respond at all to discovery requests that the plaintiff had objected to as overbroad because the court…
The Supreme Court decision in Andy Warhol Foundation v. Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature…
In response to Google L.L.C.’s (“Google”) and other’s petitions for inter partes review (“I.P.R.”) of two patents owned by Parus Holdings, Inc. (“Parus”), the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) found a number of claims obvious over prior art. The Court…
On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. v. Zillow Group, Inc., in which it affirmed the trial court’s findings of infringement against Zillow and the award of statutory damages. In 2019, the Ninth Circuit had previously found mostly in Zillow’s favor as to an…
The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. In People.ai, Inc. v. Clari Inc. (Fed. Cir. 2023) U.S. App. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention.…
In GoTV Streaming, LLC v. Netflix, Inc., 2-22-cv-07556 (CDCA May. 24, 2023) (Shashi H. Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the…
In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as…
