Publications

Publications

Articles

  • The Gift of Patent Exhaustion
    Westlaw Journal Intellectual Property - 11/27/13
    By Lael D. Andara

    Attorneys Robert P. Andris, Lael D. Andara and Michael D. Kanach authored the article “The Gift of Patent Exhaustion.” In the article, the authors examine the recent Federal Circuit decisions in Keurig v. Sturm Foods and LifeScan v. Shasta, which have reaffirmed the doctrine of patent exhaustion. In Keurig, the court ruled that the authorized sale of a reusable component part of a method patent, a coffee brewer, exhausts the patent when the coffee brewer substantially embodies the inventive aspects of the method claims.

  • Google Books Litigation Update
    November 10, 2013
    By Ahmad M. Asir
  • Ignorance is Risk: Response Options to NSA Monitoring Of Attorney-Client Communications, Part 2
    LexisNexis’ Legal Newsroom Litigation - 07/24/2013
    By Lael D. Andara

    Read Part 2 of Ignorance is Risk, Safeguarding Attorney-Client Communications.

  • Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1
    LexisNexis’ Legal Newsroom Litigation - 07/23/2013
    By Lael D. Andara

    What obligations require attorneys to protect their client communications, and what practical steps can be taken to meet statutory and ethical obligations related to confidentiality? Is there a real risk, or is the risk limited to action movies? Read Part 1 of Ignorance is Risk below.

  • Don’t Let Your Client’s Assets Go Up In Smoke When They Discover That Their Tenant Is Growing or Manufacturing Drugs In Their Rental Property
    Defense Comment - 07/10/2013
    By Matthew D. Zumstein

    How to Prevent Your Client’s Assets From Going Up In Smoke When They Discover That Their Tenant Is Growing or Manufacturing Drugs On Their Rental Property.
     

  • Limited Sampling Indicates The Reasonable Possibility of Ubiquitous Exposure To The Phthalate DEHP In The U.S. Population
    ComplianceOnline - 5/30/2013

    Developing a new defense strategy for a Proposition 65 case in California, the authors undertook a variety of QA/QC procedures to be assured that their test results regarding exposure to DEHP [Toxnet, 2012A] from the consumer product at issue had precision and validity. Read the full article.

  • Ropers Tries to Re-Invent Itself
    The Recorder - 05/27/2013
    By Richard K. Wilson

    RMKB's Managing Partner Richard Wilson, was interviewed by The Recorder. Click below to read the full article.

  • Power Lawyers: America's Top 100 Entertainment Attorneys
    The Hollywood Reporter - 05/22/2013

    Partner Richard Charnley was profiled in the annual Power Lawyers special report. This year’s recognition represents the second year in a row Charnley has been profiled in the Power Lawyers report. The Power Lawyers report lists the 100 most influential entertainment attorneys in the U.

  • J&J Unit Wants Ban On Rival's Use of IP, Logos in Ads
    Law360 - 05/16/2013
    By Lael D. Andara

    Partners Robert P. Andris and Lael D. Andara were referenced for their representation of Shasta Technologies LLC in an intellectual property dispute with Lifescan, Inc., a unit of Johnson & Johnson. The article quotes Andris regarding Lifescan Inc.’s attempt to block Shasta Technologies LLC from using Lifescan's logo and other intellectual property in its packaging and advertising (Shasta manufactures a generic test strip used in Lifescan glucose meters).

  • "We Can Pick The Game, But We Cannot Change The Rules" - Intellectual Property Rights vs. the First Amendment in the Video Game Industry
    Intellectual Property Today - 05/14/2013
    By Spencer C. Martinez

    Discussion of the tension between game publishers' copyrights, trademarks, and other intellectual property rights in their existing titles, as against new game publishers' rights to create and release new video games embodying original and "free expression" protected by the First Amendment without fear of infringement litigation. Read Spencer's full article below.

  • Court Clarifies California Disability Laws
    The Recorder - 3/28/13

     Elise Vasquez and Ramon Miyar published the article “Court Clarifies California Disability Laws.” In the article, Vasquez and Miyar discuss the recently-decided case Sanchez v. Swissport, in which the Second District Court of Appeal held that employees who have exhausted all leave available under the Pregnancy Disability Leave Law (PDLL) and the California Family Rights Act (CFRA) are nevertheless entitled to additional leave under provisions of the California Fair Employment and Housing Act.

  • Attempt to Fix Prop. 65 Misguided
    The Daily Journal - 03/19/13

     Partner Thomas H. Clarke, Jr. published the article “Attempt to fix Prop. 65 misguided.” In the article, Clarke discusses Assembly Bill 227, a proposed bill in the California legislature that would amend the 60-day notice provision of California’s Proposition 65, which requires businesses to notify consumers of significant amounts of certain chemicals in their products. Clarke argues that while “the goal of the legislation laudable, it does not provide a realistic remedy” to real problems with Proposition 65, such as the need for a standardization of the measurements for chemical exposure.

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