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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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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<p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">The U.S. Food and Drug Administration (FDA) is showing its dedication to the advancement of digital health technology with two recent announcements:  a new Digital Health Center of Excellence and an update on its Software Precertification Program.  Manufacturers developing mobile medical devices, software as a medical device (SaMD), artificial intelligence (AI), and wearables when used as a medical device may want to become involved with new center and/or keep the components of the Software Precertification Program in mind. <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">Digital Health Center of Excellence <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">The FDA recently created the Digital Health Center of Excellence, a group of digital health experts assigned with providing technical advice to help accelerate access to safe and effective digital tools.  The new center aims to connect and build partnerships among stakeholders by accelerating digital health advancements, sharing knowledge, and innovating regulatory approaches.  The center is currently in Phase 1, where the focus is on raising awareness and engaging stakeholders.  Phase 2, set to begin at the end of the year, will focus on building partnerships. <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">Update on Software Precertification Program <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">The FDA also released an update on its Software Precertification (“Pre-Cert”) Program.  The goal of the Pre-Cert pilot is to develop a streamlined premarket review process for SaMDs, reducing unnecessary regulatory burden for both the medical device manufacturers and the FDA.  SaMDs range from apps on smartphones to computer-aided detection software.  With the Pre-Cert Program, the FDA first examines the medical software manufacturer rather than the medical device.  The companies that meet the criteria through the Pre-Cert process can seek a streamlined review of SaMD products.<p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;"> Essential Components in the Software Pre-Cert Program <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">The Pre-Cert pilot project implements the Total Product Lifecycle Approach (TPLC), which the update outlined.  Four essential components are designed to reflect the total lifecycle of a product:  <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">(1) Excellence Appraisal – The FDA uses five main criteria (patient safety, project quality, clinical responsibility, cybersecurity responsibility, and proactive culture) to determine whether the medical software manufacturer demonstrates a robust culture of quality and organizational excellence. <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">(2) Review Determination – The medical software manufacturer itself would be allowed to determine the regulatory pathway for its own products.  Low-risk software products could be placed on the market with a simplified notification procedure. <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">(3) Streamlined Review – The FDA will develop a special approach to determine the scope of information to be provided by the medical software manufacturer when filing the initial submission. <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">(4) Real-World Approach – The medical software manufacturer shall collect and analyze information related to the actual performance of the software placed on the market to determine safety concerns and risks. <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">Although the development of the Software Pre-Cert Program involves nine (out of over 100) selected companies, it is still early in its development stage.  Additionally, the FDA may face major regulatory hurdles as it will need to ask Congress for the legislative authority to proceed.  <p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">We will continue to monitor the efficacy of the Digital Health Center of Excellence and the trajectory of the Pre-Cert Program and update this post with any new developments.

Round Rock Research, LLC v. [Multiple Defendants]

Sage Electrochromics, Inc. v. View, Inc.&nbsp;

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Associate

A former lead engineer at the NASA Jet Propulsion Laboratory, Dr. Nguyen focuses her practice on domestic and international patent prosecution. She is a founder and co-leader of the firm’s Life Scienc

Jean Nguyen Ph.D.

Jean Nguyen

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Recent Digital Health-Related FDA Announcements

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The U.S. Food and Drug Administration (FDA) is showing its dedication to the advancement of digital health technology with two recent announcements:  a new Digi

Recent Digital Health-Related FDA Announcements

Given the broad use and relative importance of service-level agreements (SLAs) in a variety of contexts, in this blog post, we provide an overview of the basics of SLAs and what they should address. An SLA is an important part of any contract with a provider of technology-based products or services. Customers and providers use SLAs to establish performance expectations for a wide variety of services, ranging from software-as-a-service (SaaS), maintenance, hosting, support, or other cloud-based services, to delivery of tangible goods.An SLA sets out the provider’s performance obligations with respect to the services it provides to the customer in measurable and objective terms via defined service-level requirements. 1.  Elements of a service level<ul><li>Service scope: Definition of what services are covered by the service levels.</li></ul><ul><li>Performance requirement: Definition of what performance is required for the measured activity. Think of it as the substance of what specifically must be done to have performed the service level (the “what” of the equation).</li></ul><ul><li>Performance standard: Definition of the performance standard. Think of this as proportion of the time (or some other means of measurement like percentage of transactions) for which the performance requirement must be met in order for the service level to be achieved. <ul><li>Often this is expressed as a percentage of the time the provider has performed the measured activity in accordance with the performance requirement.</li><li>The provider may designate certain exceptions or carve-outs to the performance standard (e.g., windows during which not meeting the performance standard is excused).</li></ul></li></ul>2.  Measurement of a service level<ul><li>Measurement period: Definition of the time period over which the service level is measured (e.g., hourly, daily, monthly).</li></ul><ul><li>Means of measurement: Reporting or other means of measuring whether the above elements have been achieved. The provider is typically responsible for measuring the service levels and reporting on a regular basis (e.g., monthly) on actual performance against the service levels. <ul><li>The parties should avoid subjective standards that are susceptible to conflicting interpretations, such as “reasonable efforts.”</li><li>The customer may want to specify how the service levels are reported and require the provider to carry out trend analysis on problems that are occurring.</li><li>Failure to provide a service-level report on time, or at all, may legitimately result in a service credit (see below) since the customer does not have the necessary means to assess whether the relevant service levels have been met without a service-level report.</li></ul></li></ul>3.  Remedies for failure to achieve service levelsRemedies for failure to achieve service levels are typically: (a) fee reductions or service credits against fees incurred, and (b) ultimately, termination for repeated failures. a.      Fee reductions or service credits against fees incurredService-level requirements are keyed to a specific formula for calculating fee reductions or service credits that the provider must issue to the customer if performance falls below the required service level. The fee reductions or service credits can be weighted based on relative importance. Service credits are usually expressed as a percentage of fees for the applicable service, to be credited against future charges to the customer if the provider fails to meet a service level.<ul><li>Optional to include: <ul><li>“At risk” amount: The percentage of the fees payable over a specified time period that are subject to service level credits. <ul><li>Example: “The maximum percentage of Fees payable over a Contract Year that are subject to the Service Level Credits is 30% of the sum of that Contract Year’s monthly recurring fees.”</li></ul></li></ul></li><li>Weighting factor: Apply a percentage value to each Service Level (total of all percentage values corresponding to the Service Levels should add up to 100%). <ul><li>Example: “If Provider does not achieve any of the Service Levels, Fees payable hereunder will be reduced in an amount equal to the product of: (i) one-twelfth of the Annual At-Risk Amount, multiplied by (ii) the Weighting Factor for the Service Level that was missed.”</li></ul></li><li>Multiplier applied to weighting factor (if service level credits and “at risk” amount is applied): The percentage of the “at risk” amount that is attributable to the service level for purposes of calculating service level credits. <ul><li>Example: “If there is a failure as to a single Service Level in 2 or more consecutive Measurement Periods or as to any Service Level within any 3-month period, then the Weighting Factor will be multiplied by 2.”</li></ul></li></ul><ul><li>Pro-provider terms that customers with greater leverage may be able to avoid: <ul><li>Limitation of service credits to a stated cap (for example, the total amount of fees otherwise payable for the services during the period when the service-level failure occurs).</li><li>Earn-backs: The parties might agree to a mechanism for the provider to earn back some or all credits imposed due to failure to meet service levels if its average performance over the course of a specified time period (e.g., a year) meets or exceeds the required service level.</li></ul></li></ul><ul><li>Service credits are typically applied to (deducted from) charges in the next invoice after they are incurred, but the parties may agree to apply them on an annual basis, deducting the total amount of service credits from the first invoice of the contract year.</li></ul><ul><li>To enhance the likelihood that service credits will be enforced, remedies generally should reflect a reasonable estimate of the customer’s injury for the corresponding service-level failure and constitute compensatory liquidated damages rather than a penalty for non-performance.</li></ul><ul><li>Exclusive remedy: Customers want to preserve the right to pursue other remedies under the master agreement (such as damages and termination) if the provider fails to meet service levels. On the other hand, providers want the service credits to be the customer’s only remedy for service level failures. <ul><li>Pro-customer example: “The Service Credits shall not be considered liquidated damages or Customer’s sole and exclusive remedy for Provider’s failure to meet Service Levels."</li></ul></li></ul><div>  b.      Termination for repeated failure to achieve the service-level commitment over a pre-defined period of   timeCustomers will want to negotiate for the right to terminate without liability or further obligations for repeated failures to meet the same or different service-level requirements.<ul><li>Example: “Provider’s failure to achieve a single Service Level in 2 or more consecutive Measurement Periods, or any Service Level in 4 or more Measurement Periods during any 6-month period or Contract Year will constitute a material breach under the Master Agreement and Customer may terminate for cause as set forth therein.”</li></ul></div>

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Stephanie assists companies with technology and life sciences transactions, representing both private and public companies, from emerging growth through the Fortune 50. In particular, Stephanie focuses on helping companies that leverage data through technology in structuring their business and commercial transactions.

Stephanie Sharron

Stephanie Sharron is partner in the Palo Alto office and a member of the firm’s Technology Transactions Group. Clients turn to Ms. Sharron for advice on how to leverage data through technology and the related issues that apply to their business models in light of the rapid changes in business, technology and law.

Stephanie Lynn Sharron

Service-Level Agreement Basics

Given the broad use and relative importance of service-level agreements (SLAs) in a variety of contexts, in this blog post, we provide an overview of the basics

Service-Level Agreement Basics

The Department of Defense is actively pursuing “Other Transactions” (OTs) instead of procurement contracts. This allows DOD and its contractors to avoid many of the most burdensome aspects of the procurement regulations. But it also allows for even more confusion than usual about how to handle intellectual property rights, particularly rights in technical data and computer software, because there are no “standard” IP clauses for OTs.Morrison & Foerster partner Jay DeVecchio has written a Briefing Paper, published by Thomson Reuters, that sorts out these issues and offers clear, practical advice. With Thomson Reuters’ permission we have attached Jay’s paper, which we hope will assist you in your OT negotiations.<a target="_blank" href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltefaca2a1a876415e/627317ca0d4d8e1d7f10f312/190701-dod-data-rights-ip-simplified.pdf">Read the Briefing Paper</a>.This material from Briefing Papers has been reproduced with the permission of the publisher, Thomson Reuters.

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DOD’s Other Transactions: Data Rights & Intellectual Property Simplified

Don’t Get Caught by the Phisherman’s Hook This Tax Season

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The Department of Defense is actively pursuing “Other Transactions” (OTs) instead of procurement contracts. This allows DOD and its contractors to avoid many of

DOD’s Other Transactions: Data Rights & Intellectual Property Simplified

The Department of Commerce Bureau of Industry and Security (BIS) has issued a 90-day temporary general license exempting a set of transactions from the Entity List designation of Huawei Technologies Co., Ltd. (“Huawei”) and its affiliates worldwide, which was effective May 16, 2019. The Entity List designation effectively prohibits the export, re-export, or transfer of hardware, software, and technology subject to the U.S. Export Administration Regulations (EAR) to Huawei and its affiliates, as explained in our earlier client alert. The temporary general license aims to mitigate the impact of the Entity List designation on the operations of U.S. and foreign telecommunications providers with Huawei hardware and software, but does not provide broad relief from Entity List prohibitions. The general license is effective from May 20, 2019, to August 19, 2019.Read our <a href="https://protect-us.mimecast.com/s/Q1E5CjRO5BiKLOvqf5sH6n">client alert</a>

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John E. Smith, former Director of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), is co-head of Morrison Foerster’s National Security practice, and a member of the Crisis Management group and Investigations + White Collar group.

John E. Smith

John E. Smith, former Director of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), is co-head of Morrison Foerster’s National Security practice, and a member of the Global Risk + Crisis Management group and Investigations + White Collar group.

John Smith

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Senior Advisor, National Security

Joseph Benkert is a senior advisor  in Morrison & Foerster’s National Security practice group. He advises  clients on critical national security matters pertaining to the Committee on  Foreign Investm

Joseph Benkert

Joseph A. Benkert

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Charles Capito is a partner in both Morrison Foerster’s National Security and Government Contracts + Public Procurement practices.
In the National Security space, he has significant experience couns

Charles L. Capito

Charles Capito

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Commerce Issues Narrow License for Certain Transactions with Huawei

Watch Out: The Federal Trade Commission Continues to Watch the (Alleged) Watchers

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The Department of Commerce Bureau of Industry and Security (BIS) has issued a 90-day temporary general license exempting a set of transactions from the Entity L

Commerce Issues Narrow License for Certain Transactions with Huawei

The U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. (Huawei) and its affiliates to the Bureau of Industry and Security (BIS) “Entity List,” a move that effectively cuts off Huawei from directly or indirectly acquiring U.S.-origin hardware, software, and technology. These new restrictions became effective at 4:15 p.m. Eastern time on May 16 when Commerce displayed the Federal Register Notice implementing the Entity List additions on the public inspection list. We expect more guidance to become available over the next several days as these restrictions are further implemented.Read our <a href="https://protect-us.mimecast.com/s/qwkzCrkMBpUPzRpOF4-bj4" target="_blank">client alert</a>.

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Chinese Telecom Companies Under Fire: Commerce Moves to Cut Off Huawei From U.S. Technology, With More Restrictions Coming

Tune in, catch up: EU changes to TV and radio transmission rules

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The U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. (Huawei) and its affiliates to the Bureau of Industry and Security (BIS) “Enti

Chinese Telecom Companies Under Fire: Commerce Moves to Cut Off Huawei From U.S. Technology, With More Restrictions Coming

The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty acquiring patents under the Office’s procedures for determining patent subject matter eligibility under 35 U.S.C. § 101. Supreme Court decisions regarding § 101 from 2012 to 2014 have made patents related to software and certain biotechnology related subject matter more difficult to obtain. As detailed below, the new guidance seems to indicate a major shift in how the USPTO will examine patent applications under § 101. This shift appears to swing the pendulum back toward patent holders by allowing many more applications to meet the patentability requirements of § 101.

Jon Bockman is the head of the firm’s Technology Patent Practice. In this capacity, he leads the firm’s prominent group of patent practitioners with degrees in electrical engineering, mechanical engineering, computer science, computer engineering, chemical engineering, biomedical engineering and physics. 

Jonathan Bockman

Christopher Gloria is a partner in the firm’s Patent Group. Mr. Gloria’s practice concentrates on domestic and international patent prosecution, IP due diligence, and IP litigation support including patent infringement and validity determinations.

Christopher Gloria

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Karen Potter is a partner in Morrison & Foerster’s Life Sciences Patent group. Her practice focuses on patent preparation, prosecution, and strategic counseling for start‑up, emerging, and established

Karen G Potter Ph.D.

Karen Potter

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A New Year's Gift for Patent Applicants?

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

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The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty ac

A New Year's Gift for Patent Applicants?

In a landmark decision, on April 19, 2018, the German Federal Court of Justice decided that the ad blocking application and browser-extension Adblock Plus does not violate the German Unfair Competition Act (Gesetz gegen den Unlauteren Wettbewerb – UWG). Offering software that allows users to block advertising does not constitute an unfair commercial practice, even if the business model provides advertisers with the option to pay for showing certain ads (“whitelisting”).Read our <a href="https://protect-us.mimecast.com/s/m4MbCNk5XGU2N4n4ilAYzM">client alert</a>.

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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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Senior Associate

Theresa is a senior associate at Morrison & Foerster’s German office in Berlin and a member of our litigation practice group. She advises clients in a range of industries, including technology, media 

Theresa Oehm

Theresa Oehm is a senior associate at Morrison & Foerster’s German office in Berlin and a member of the firm's antitrust practice group and TMT regulatory team. She advises clients in the technology, media and telecommunications sector on all aspects of antitrust law and regulatory law.