Copyright


Copyright enforcement and litigation issues have exploded in recent years, fueled by two parallel circumstances: technologies have evolved rapidly in their ability to share information, and intellectual property owners have become more sophisticated in their efforts to monetize those technologies’ value in their portfolios. We work alongside our clients to protect these valuable assets across a range of counseling activities: we prepare demand letters and pursue takedowns; we sue for damages and/or injunctive relief; and we take cases through trial or arbitration, oftentimes on landmark, precedential copyright issues.

From the Digital Millennium Copyright Act to the European Union Directive on Copyright, we maintain a truly global knowledge of copyright legislation and its impact on our clients’ businesses. We understand how each country’s laws and precedents can protect a copyright owner’s rights in an age where infringement can be increasingly difficult to detect and defeat, as well as understanding and supporting market players exploiting and distributing copyright-protected intellectual property in a progressively more regulated era.

We are deeply involved in the complex issues surrounding computer software, including issues relating to the scope of copyright protection and business arrangements for research and development, consulting, and licensing. We have counseled companies on developing products that are compatible with products of other vendors. When these issues proceed to trial, our stellar IP litigation team has the legal and technological savvy to understand these complexities and, equally as important, to explain them to lay judges and juries.

We also bring extensive experience with copyright protection in the publishing industry and the arts to the table, including literary works, theater works, visual artwork, sound recordings, and even multimedia products that combine high technology with traditional forms of expression. We have also represented clients in licensing-related matters, as well as litigation over copyright protection for commercial items such as toys, games, and educational materials.

Our film and entertainment copyright practice has been supporting various major Hollywood studios, television channels, and video-on-demand platforms for almost two decades on all copyright relevant matters relating to the motion picture development, production, and distribution. Some of our recent credits include the Academy Award-winning “Grand Budapest Hotel” and the acclaimed TV series “Homeland” and “Berlin Station.”

Finally, we’re honored to have Paul Goldstein on our copyright team. Serving as Of Counsel to MoFo, Paul is a professor of law at Stanford University and a nationally recognized expert on copyright and related intellectual property issues. He wrote the authoritative four-volume treatise, Goldstein on Copyright, now in its third edition.

Oracle America v. Google
Currently representing Oracle America in an action for copyright and patent infringement based on Google's inclusion of Java platform technology in the Android software platform and operating system.
SCO v. Novell
In March 2010, after seven years of litigation and two trial victories, we secured another win for Novell in a three-week trial in which a jury determined Novell owned the copyrights to the UNIX computer operating system. The Tenth Circuit later upheld the jury’s finding and corresponding court decision that found Novell to be the rightful owner of the Unix operating system, denying SCO’s attempt to profit by suing users of a related operating system.
Vernor v. Autodesk, Inc.
In September 2010, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of our client, Autodesk, against a reseller of its software. The reseller asserted that his resales of Autodesk software were protected by the first sale doctrine and did not infringe Autodesk’s copyright. The Ninth Circuit held that the plaintiff was not entitled to assert the first sale defense against Autodesk because he acquired the used software subject to Autodesk’s license agreement and did not have ownership rights.
Rosen v. PCCW Global (C.D. Cal.)
Won summary judgment for communications provider PCCW Global in matter alleging that PCCW had violated the Digital Millennium Copyright Act. (2010)

Law360
IP Practice Group of the Year in 2013, 2015 and 2016


Chambers Global 2018
Global: Intellectual Property
Asia-Pacific Region: Intellectual Property
China: Intellectual Property: International Firms
Japan: Intellectual Property: International Firms
United States: Intellectual Property (Patent)
United States: Intellectual Property (Section 337)


Chambers USA 2017
National: Intellectual Property
National: International Trade: Intellectual Property (Section 337)
California: Intellectual Property
California: Intellectual Property (Patent Prosecution)
New York: Technology & Outsourcing
Washington D.C.: Intellectual Property (Litigation)
Washington D.C.: Technology & Outsourcing


Chambers Asia-Pacific 2018
Japan: Intellectual Property: International Firms
Asia-Pacific Region: Intellectual Property


U.S. News – Best Lawyers® Best Law Firms 2018
National: IP Litigation (Tier 1)
National: Patent Litigation (Tier 1)
National: Patent Law (Tier 1)
Los Angeles: IP Litigation (Tier 1)
Los Angeles: Patent Litigation (Tier 1)
San Diego: IP Litigation (Tier 1)
San Diego: Patent Litigation (Tier 1)
San Diego: Patent Law (Tier 1)
San Francisco: IP Litigation (Tier 1)
San Francisco: Patent Litigation (Tier 1)
San Francisco: Patent Law (Tier 1)
Washington D.C.: IP Litigation (Tier 1)
Washington D.C.: Patent Litigation (Tier 1)


The National Law Journal 2016
IP Hot List


Legal 500 US 2018
Copyright
Patent Litigation: ITC
Patent Litigation: Full Coverage
Patents: Portfolio Management and Licensing
Patent: Prosecution (Including re-examination and post-grant proceedings)
Trade Secrets
Trademarks: Litigation


Legal 500 Asia-Pacific 2018
China: Intellectual Property: Foreign Firms
Hong Kong: Intellectual Property
Japan: Intellectual Property: International Firms and Joint Ventures


Managing IP: American Awards Shortlist 2018
United States: Appellate
United States: Life Sciences IP Litigation
United States: ITC
Japan: Patent – Foreign Firms


IAM Patent 1000 2017
California: Litigation (Gold)
California: Transactions (Highly Recommended)
California: Prosecution
Hong Kong: Litigation & Transactions
International
Japan: Litigation and Licensing (Highly Recommended)
National: Transactions
National: Litigation
Washington D.C.: Litigation


LMG Life Sciences 2017
Hatch-Waxman Patent Litigation
Patent Prosecution (Highly Recommended)
Patent Strategy and Management (Highly Recommended)

National Law Journal - 2016 IP Hot List


Law 360 - IP Practice Group of the Year
IP Practice Group of the Year 2015, 2013


Chambers USA Winner 2013 - IP Firm of the Year
IP Firm of the Year


BTI Litigation Outlook
BTI Litigation Outlook
“IP VIP” (2015)
“IP Litigation Powerhouse” (2014)

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