Archives: Intellectual Property

Subscribe to Intellectual Property RSS Feed

Washington Court of Appeals Affirms That “Inevitable Disclosure Doctrine” Still an Open Question, but UTSA Does Not Preempt All Common Law Claims

In an opinion published on August 22, 2018, but filed earlier on June 25, 2018, the Washington Court of Appeals reversed summary judgment in favor of the employer and remanded for trial on the merits of a trade secrets dispute. The opinion dealt with two controversial issues in trade secret law—the “inevitable disclosure” doctrine and … Continue Reading

Ninth Circuit Says Having an IP Address is Not Enough for Infringement: Cobbler Nevada v. Gonzales

Anyone with an internet connection can find copyrighted content to download—legally or illegally. But the Ninth Circuit has now held that the mere fact that a rightsholder can show an individual is connected to the IP address through which illegal downloading took place is not enough to make out a case for copyright infringement. In … Continue Reading

Oregon Court of Appeals Allows Enforcement of a Covenant Not to Compete by Narrowing the Meaning of “Customers”

Last week, the Oregon Court of Appeals issued its opinion in Oregon Psychiatric Partners, LLP v Henry, 293 Or App 471 (2018). The opinion is a helpful reminder that a court retains the power to use its “blue pencil” to convert an unenforceable provision in a noncompetition agreement into an enforceable one. More specifically, the … Continue Reading

Alicia Bell and Carla Quisenberry Join ORLA’s Boiled Down Podcast to Discuss Cease and Desist Letters

Cease and desist letters can serve as a warning ahead of full scale litigation, however there are some possible resolutions before ending up in court. Alicia Bell and Carla Quisenberry joined the Oregon Restaurant and Lodging Association‘s Boiled Down podcast this week to discuss demand letters, how to avoid them, and your options if you … Continue Reading

With Non-Compete Provisions, Let’s Remember the Requirement of a “Protectable Interest”

The strongest approach for an employer hiring someone supposedly bound by a non-competition provision may be to present an argument that the information in question is not information that qualifies as a “protectable interest” to begin with. Proving that information is “protectable” can be difficult. Customer lists and price lists are especially tricky. If they … Continue Reading

Supreme Court Extends Reach of Patentee to Recover Lost Foreign Profits

The Supreme Court on Friday held that WesternGeco, LLC (“WesternGeco”), owner of patents for a system used to survey the ocean floor, can recover profits from sales it lost outside the U.S. due to Ion Geophysical Corp.’s (“ION”) infringement of its patents. Under section §271(f) of the Patent Act, a company can be liable for … Continue Reading

David Brandon Published on Technology Association of Oregon’s Blog: Five Guideposts for Developing a Tax-Conscious IP Strategy

In a post for the Technology Association of Oregon, David Brandon highlights five questions that entrepreneurs, CFOs, and IP managers should ask; each a guidepost to aid the reader in preserving the desired tax consequences and maximizing the value of the reader’s IP strategy.  To read the full post, click here.… Continue Reading

Patent Attorneys from Marger Johnson to Join Miller Nash Graham & Dunn

Our intellectual property team is pleased to announce that six attorneys from Marger Johnson, a well-respected 32-year-old patent law firm, will be joining our firm’s IP practice on July 1, 2018. We are looking forward to welcoming the following patent attorneys: Alex Johnson Sean O’Brien Julie Reed Kevin Ross Justin Wagner Marie Weiskopf Each attorney … Continue Reading

Counterfeit Goods Spread Feces on Your Face (and Other Reasons Consumers Should Avoid Counterfeit Goods)

Curtailing counterfeit goods is a major focus for brand owners who collectively spend billions of dollars a year to combat counterfeit goods worldwide.[1] Right now, the International AntiCounterfeiting Coalition is holding its annual conference in Seattle, where I assist clients by protecting and enforcing their brands through trademark registrations, copyright registrations, domain name registrations, customs recordations, and … Continue Reading

Alicia Bell and Carla Quisenberry Published in Oregon Beer Growler: Protecting Your Brewery’s Intellectual Property Can Pay Off in a Big Way

Although brewing is a collegial industry, brewery competition does grow tighter, and there’s a growing interesting in protecting brands—and even innovative beer recipes and processes—as intellectual property. In an article for Oregon Beer Growler, Alicia Bell and Carla Quisenberry discuss what brewery owners can do to protect their intellectual property. To read the full article, click here.… Continue Reading
LexBlog