Alissa R. Pohlman

Alissa R. Pohlman

Alissa Pohlman focuses her practice on intellectual property counseling and litigation. With a background in mechanical engineering, she has represented clients in the areas of medical devices, semiconductors, computer networking systems, consumer products, and financial services.

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The New Joint DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission released updated Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”). These Guidelines replaced those issued on April 6, 1995, and state the agencies’ policies regarding the licensing of patents, copyrights, trade secrets, and know-how; the Guidelines do not cover the antitrust treatment of trademarks.… Continue Reading

Santa Claus Will Leave The Building In 2016 — Author’s Heirs Prevail Over EMI

In Baldwin, et al. v. EMI Feist Catalog, Inc., the Second Circuit Court of Appeals was tasked with determining when and how the rights to the song “Santa Claus is Comin’ to Town” (the “Song”) would properly terminate.  The heirs to one of the Song’s co-authors challenged the assertions of the copyright holder, EMI Feist Catalog, Inc. (“EMI”).  Relying … Continue Reading

Perfect 10 Slammed With $5.5 Million In Fees And Costs Under The Copyright Act Without A Finding Of Frivolous Or Objectively Unreasonable Claims; Patent Trolls Beware

The Central District of California recently awarded over $5 million in attorneys’ fees and over $400,000 in costs, emphasizing the degree of success obtained by Defendants and the improper motivations of Plaintiff.  The court rejected the notion that the fee award was unreasonable simply because it was sizeable.  In Perfect 10, Inc. v. Giganews, Inc., Plaintiff Perfect 10 initially … Continue Reading

Are State Law Claims Preempted by the Copyright Act?

Recently, district courts in Virginia and Illinois applied similar two-prong tests to determine whether state law claims were preempted by the Copyright Act. In Maxient, LLC v. Symplicity Corp., 2014 WL 5422195 (E.D. Va. Oct. 23, 2014), a number of Symplicity’s customers left Symplicity for its competitor, Maxient. Symplicity decrypted these former customers’ passwords, used them to access Maxient’s … Continue Reading

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