Posted in IP Insights
Major Studios Strike Back: Disney & Universal Sue Midjourney Over AI-Created Characters | By: Banu Naraghi 

On June 11, 2025, Disney (including Lucasfilm, Marvel, and 20th Century Studios) and Universal Pictures (including DreamWorks) filed a Complaint for direct and secondary copyright infringement in the Central District of California against artificial intelligence (“AI”) firm Midjourney for its alleged “calculated and willful copyright infringement”. This suit marks the first time major Hollywood studios have taken the enforcement of their copyrights into their own hands and directly gone after a generative AI company.

In the suit, the studios attack Midjourney for ...

Employer Reminder: Local Minimum Wage Increases on July 1, 2025, and Current Mileage Rates | By: Joanne Warriner

July 1st Minimum Wage Increases

Each year on July 1st, a number of local municipalities and the County of Los Angeles raise their hourly minimum wage, based on changes to the consumer price index, and as required by local minimum wage ordinances.  California’s minimum wage remains set at $16.50 per hour; and as we previously reported here, California customarily issues its annual hourly minimum wage rates each January 1st.

Beginning July 1, 2025, the following increases will apply to employers in the designated areas:

 

SOUTHERN CALIFORNIA

Municipality

Prior Hourly Minimum Wage

Posted in IP Insights
No “Sale,” No Trademark: Ninth Circuit Dismisses “WallStreetBets” Founder’s Infringement Claim Against Reddit for Lack of Ownership | By: Kenny Hsu

On June 11, 2025, in likely the most significant ruling of the longstanding feud between the social media website, Reddit, Inc., and the founder of its notorious “WallStreetBets” subreddit community, Jaime Rogozinski, the U.S. Court of Appeals for the Ninth Circuit (Case No. 24-735) affirmed a district court’s dismissal with prejudice of Mr. Rogizinski’s lawsuit alleging that Reddit continued to infringe upon the “WallStreetBets” trademark.

The principal issue in the Ninth Circuit’s ruling was the ownership of the trademark at issue, the starting point for any ...

Employers Beware: Lessons from Sanders v. Superior Court of Los Angeles County | By: Tanner Hosfield and Jared W. Slater

In the recent decision in Sanders v. Superior Court of Los Angeles County, the California Court of Appeal reinforced the consequences for employers who fail to timely pay arbitration fees in employment disputes.  This decision is another in a long line of cautionary reminders for employers to timely pay arbitration fees, as the failure to do so will result in not only the loss of the right to arbitrate, but also potentially severe sanctions.

Sanders tells an all too familiar story: after Sanders was terminated, she filed a putative class and Private Attorneys General Act (PAGA ...

California Court of Appeal Decision in Rose v. Hobby Lobby: No Recovery of Costs Against Nonparticipating State Agency | By: Tanner Hosfield

On May 14, 2025, the California Court of Appeal issued a decision in Rose v. Hobby Lobby Stores, Inc., addressing whether the California Labor and Workforce Development Agency (LWDA) can be held liable for an employer’s litigation costs in an unsuccessful Private Attorneys General Act (PAGA) action where the LWDA was not an active participant.

The plaintiff, a former cashier at Hobby Lobby, filed a representative PAGA action alleging violations of California’s “suitable seating” requirements. Following a nine-day bench trial, the court ruled in favor of Hobby Lobby ...

California Court Narrows “Death Knell” Appeal Rule: Key Takeaways for Employers | By: Tanner Hosfield 

In Chavez v. Hi-Grade Materials Co., the California Court of Appeal issued a ruling that significantly impacts how and when employees can appeal orders denying class certification, especially in cases involving both class claims and a Private Attorneys General Act (“PAGA”) claim. This decision is particularly important for California employers wary of facing wage-and-hour class actions and PAGA lawsuits.

The plaintiff, a former employee, brought a putative class action alleging various wage-and-hour violations and sought penalties under PAGA. After the trial court ...

Posted in IP Insights
MGA Entertainment v. Harris: Despite $71M Judgment, Federal Court Declines to Enjoin Trade Dress Infringement, Revealing Limits to Presumption of Irreparable Harm | By: Kenny Hsu

On April 15, 2025, after jurors found a line of dolls from the toymaker, MGA Entertainment, Inc. (“MGA”), infringed the trade dress rights of a pop group owned by music artists Clifford "T.I." Harris and Tameka "Tiny" Harris, the U.S. District Court for the Central District of California (Case No. 2:20-cv-11548-JVS-AGR) granted entry of an approximately $71 million judgment in favor of the Harrises. In the same order, however, the Court denied the Harrises’ motion for a permanent injunction enjoining MGA’s continued infringing use of the trade dresses at issue after ...

Posted in IP Insights
Patents Must Describe the “How” – A Reminder That Functional Claims Need Structural Support | By: Banu Naraghi

On April 30, 2025, the Federal Circuit issued a decision in Fintiv, Inc. v. PayPal Holdings, Inc. (No. 23-2312), issued on April 30, 2025, upholding the invalidation of Finitiv Inc.’s (“Finitiv”) mobile wallet patents related to cloud-based transaction systems based on the Court’s finding that the patents were indefinite because they described the result of the invention instead of the process to achieve the result.

Fintiv sued PayPal for infringing U.S. Patent Nos. 9,892,386; 11,120,413; 9,208,488; and 10,438,196. The parties’ dispute centered on how the term ...

California Court of Appeal Rejects "Headless" PAGA Claims in Williams v. Alacrity Solutions Group | By: Tanner Hosfield 

In a significant development for California employers, the Court of Appeal in Williams v. Alacrity Solutions Group, LLC recently affirmed the dismissal of a Private Attorneys General Act (“PAGA”) claim brought solely on behalf of other employees, holding that a PAGA plaintiff must assert a timely individual claim to maintain standing.

The plaintiff, a former insurance adjuster, alleged various Labor Code violations during his employment, including unpaid overtime and inaccurate wage statements. However, he waited more than a year after his employment ended to file the ...

SCOTUS Declines to Hear Coke Zero Patent Case | By: Kelly W. Cunningham & Pooja S. Nair

On April 28, 2025, the U.S. Supreme Court declined to hear Celanese International Corp.’s challenge to a Federal Circuit decision which found the company’s patent on the process to create the artificial sweetener used in Coke Zero to be invalid. The Federal Circuit decision affirmed a holding from the U.S. International Trade Commission which initially deemed the patent invalid due to the on-sale bar.

The underlying issue in the case is whether Celanese’s patent, which covers an improved process for making acesulfame potassium (Ace-K), was invalid due to the on-sale bar. The ...

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