Now more than ever, technology is influencing the way we do business, communicate, move through and around the world, access and manage our homes, receive and administer healthcare, make purchases, secure information, and protect our most valuable property. Morrison Foerster keeps pace with this rapidly evolving landscape across our internationally recognized corporate, finance, intellectual property, and litigation practices. MoFo Tech brings together our insights relating to fields such as blockchain and distributed ledger, cloud and as-a-service technologies, driverless cars, drones, fintech, computer hardware and software, the Internet of Things, semiconductors, and telecommunications. The MoFo Tech blog offers real-time, in-depth analyses of the trends and complex issues shaping the global technology industry.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Scott Llewellyn’s practice focuses on complex litigation in federal and state courts around the country, with an emphasis on patent and trade secret disputes. Over the past decade, he has worked on some of the most significant, high–profile IP cases involving technology for televisions, smartphones, and self–driving cars, relying on 40 years of experience with computer hardware and software. Scott also has significant experience with business divorce cases before courts and arbitrators, involving a mix of trade secret, patent, tort, and contract claims relating to technology development and implementation.Scott also has successfully tried general commercial arbitration and agency matters, briefed and argued various appeals in federal appellate court, and tried more than 20 cases for the Denver City Attorney’s office, most of them jury trials.Scott also has an active pro bono practice, having worked on a variety of criminal and immigration appeals, and having represented Colorado criminal defense and mental health organizations in high–profile suits against the state of Colorado for violations of the constitutional rights of defendants.At MoFo, Scott serves on the board of the Morrison & Foerster Foundation. In the broader legal community, he serves on the boards of the Colorado Lawyers Committee and Drop in the Bucket (a charity that builds wells and sanitation systems in sub–Saharan Africa).After law school, Scott clerked for the Honorable Clarence A. Brimmer, District of Wyoming, and the Honorable Diarmuid F. O’Scannlain, Ninth Circuit. He was also previously an adjunct professor at the Georgetown University Law Center.

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Scott Llewellyn’s practice involves complex litigation before state and federal courts around the country, with an emphasis on patent and trade secret disputes for high-tech companies, to which he brings more than 35 years of experience with computer hardware and software, in particular relating to the processing and transmission of audio, video, voice, and other types of data. Mr. Llewellyn has also tried commercial arbitration and agency matters; briefed and argued various appeals in federal appellate court; and tried more than 20 cases for the Denver city attorney’s office, most of them jury trials.

Scott F. Llewellyn

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MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

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MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

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At the Intersection of Technology, Law, and Business

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Current State of the AI VC Financing Market

MoFo Tech Law Summit – Tech and Antitrust: Policy Shifts in the Second Trump Administration

MoFo Tech Law Summit – Responsible Tech: Policy Becomes Practice

AI Dynamics: Regulatory Landscape and Industry Insights

Introducing the MoFo Tech Law Summit – Innovation Under Regulation

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The European Court of Justice (ECJ) issued the Filmspeler judgement on April 26, 2017, favorable to the media industry, on the liability of sellers of set-top boxes with pre-installed add-ons enabling illegal access to motion pictures, Pay-TV, and SvoD platforms (“loaded Kodi boxes”).  This decision creates a tool against emerging forms of piracy via injunctive relief and damages that are now available from individual end users as well as companies selling loaded Kodi boxes. Liability of Sellers (No Hiding Anymore)Article 3 of the Copyright Directive provides that an act constituting a “communication to the public” of protected work requires authorization by the copyright owner. In consideration of ECJ’s broad definition of the term, the court found that the sale of the Filmspeler media player also represented an infringing act of “communication to the public”Liability of End Users (A Grey Area Turning Black)The Filmspeler judgment clarifies that even the mere act of temporary reproduction on a multimedia player violates copyright law. ConsequencesFor the media industry, the decision strengthens the rights of holders in the fight against piracy who can now take action against sellers of fully loaded Kodi boxes, as well as against individual end users.

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Partner and Co-Chair Global Media

Christoph has more than 25 years of experience as an M&A and regulatory lawyer in the telecommunications, media, and technology industries. He focuses particularly on complex transactions and strategi

Christoph Wagner

Dr. Christoph Wagner is a partner in the Berlin office and Co-Chair of the firm’s global media group. Dr. Wagner is a leading TMT, M&A and regulatory lawyer, with a particular focus on transactions and on strategic regulatory advice in the media and communications industries.

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Counsel

With her enthusiasm for technology-driven issues, Patricia Ernst has built a recognized practice at the interface of compliance and technology.

Patricia C. Ernst

Patricia Ernst is a counsel in Morrison Foerster’s Berlin office and a member of our Corporate Department. She advises German and international clients on all aspects of intellectual property law with an emphasis on copyright and media law matters. Her practice focusses on film, media and entertainment.

Patricia Ernst

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ECJ Strengthens Position of Media Industry in Fight Against Piracy

ECJ Strengthens Position of Media Industry in Fight Against Piracy

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The European Court of Justice (ECJ) issued the Filmspeler judgement on April 26, 2017, favorable to the media industry, on the liability of sellers of set-top b

According to Tim Harris, a partner in Morrison & Foerster’s Emerging Companies + Venture Capital Group, many startups open themselves up to intellectual property disputes by failing to:<ul><li>Secure title to the IP upon which their startups are based;</li><li>Obtain valid invention assignment agreements from employees and consultants who contribute to the startup; and</li><li>Follow clean licensing practices.</li></ul>Watch Tim’s explanation <a target="_blank" href="https://www.youtube.com/watch?v=__FXGxA44_4">here</a>.

Fever Labs, Inc. 

Serena & Lily, Inc. 

DeepIntent, Inc.

Onc.ai, Inc.

Blackbird Ventures

SoftBank Group and SoftBank Vision Fund

Atheer, Inc.

Zoox, Inc.

Aeva, Inc. (NYSE:  AEVA)

DBL Partners

Aventine Property Group, Inc.

Reflexion Medical, Inc. 

Gemini Frontier Fund 

Winklevoss Capital Fund 

GGV Capital 

Heila Technologies, Inc. 

PDF Solutions, Inc. (NASDAQ:  PDFS)

Artivest, Inc.

Treasure Data, Inc.

Sutter Hill Ventures

Trinity Ventures

Split Rock Partners, Orbimed Advisors and Prospect Venture Partners

Sequoia Capital

Khosla Ventures

Mitsui & Co. Global Investment, Inc.

Everi Holdings (formerly known as Global Cash Access) (NYSE: EVRI) 

FortuNet, Inc. (formerly Nasdaq: FNET) 

SHFL entertainment (formerly Nasdaq: SHFL)

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Tim is the Managing Partner of the Palo Alto Office and a partner in the Emerging Companies and Venture Capital Group. He specializes in representing startup companies and venture capital investors in corporate and securities matters.

Tim represents startup companies and investors in corporate and securities matters. In his company-side practice, he advises emerging growth companies from formation through acquisition or initial pub

Timothy Harris

Timothy J. Harris

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The Most Common Intellectual Property Mistakes of Startups

The Most Common Intellectual Property Mistakes of Startups

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According to Tim Harris, a partner in Morrison & Foerster’s Emerging Companies + Venture Capital Group, many startups open themselves up to intellectual propert

On February 22, 2017, the U.S. Supreme Court in <a href="https://www.supremecourt.gov/opinions/16pdf/14-1538_p8k0.pdf" target="_blank">Life Technologies Corp. v. Promega Corp</a>. held that if a party provides from the United States just one component of a foreign-manufactured, multicomponent, patent-infringing invention, that party cannot be liable under 35 U.S.C. §271(f)(1).Life Technologies made or procured in the United States an enzyme that was combined in the United Kingdom with four other components to form a genetic testing kit. Promega sued for patent infringement, alleging Life Technologies was liable for sales of the kit worldwide because Life Technologies had supplied one of the kit’s four components. Promega argued Life Technologies was liable for patent infringement under 35 U.S.C. §271(f)(1), which imposes liability for patent infringement on “[w]hoever without authority supplies. . . in or from the United States all or a substantial portion of the components” of a patent-infringing invention made up of several components that are combined abroad.The U.S. Supreme Court disagreed with Promega’s argument, holding in an opinion authored by Justice Sotomayor that one component could not equal “a substantial portion of the components” because that phrase required a quantitative—rather than a qualitative—assessment. The Court reached this conclusion based on the context of the “substantial portion of the components” phrase, holding that the words “all” and “portion” imply a quantitative meaning.Life Technologies settles one issue for manufacturers: They will not violate 35 U.S.C. § 271(f)(1) by supplying one component of a multi-component invention assembled abroad. Exactly how many more than one component is necessary to trigger 35 U.S.C. §271(f)(1) liability, however, remains unclear.

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Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods

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On February 22, 2017, the U.S. Supreme Court in Life Technologies Corp. v. Promega Corp. held that if a party provides from the United States just one component

Intellectual property adds value to a startup by giving it the ability to:<ul><li>Exclude others from providing a particular product or service;</li><li>Differentiate its product from legacy solutions and competition;</li><li>Demonstrate its ability to innovate, making it an attractive investment or acquisition;</li><li>Exploit its IP commercially through licensing programs and royalty streams.</li></ul>Watch Tim’s explanation <a target="_blank" href="https://www.youtube.com/watch?v=-n9OBJINmsg">here</a>.

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Why Should Your Startup Care About Intellectual Property?

Why Should Your Startup Care About Intellectual Property?

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Intellectual property adds value to a startup by giving it the ability to:

Exclude others from providing a particular product or service;
Differentiate its pro

“A potential patent war looms over the blockchain,” according to a January 2017 piece in The Economist. That fight over patent rights to aspects of blockchain technology is a sign of the blockchain’s potential, according to Morrison & Foerster intellectual property partner Colette Reiner Mayer.Colette was quoted in the The Economist piece, which also describes strategies some startups are using to avoid blockchain-related patent wars.

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A Rush to Patent the Blockchain Is a Sign of the Technology’s Promise

A Rush to Patent the Blockchain Is a Sign of the Technology’s Promise

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“A potential patent war looms over the blockchain,” according to a January 2017 piece in The Economist. That fight over patent rights to aspects of blockchain t