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Litigator of the Week Runners-Up and Shout Outs

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Allyson Bennett, Joe Gratz and Katie McNutt earned a shout-out from AmLaw Litigation Daily for winning a summary judgment for online marketplace Redbubble in a copyright infringement action brought by wallpaper seller Wallshoppe. 

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Allyson Bennett, Joe Gratz and Katie McNutt earned a shout-out from AmLaw Litigation Daily for winning a summary judgment for online marketplace Redbubble in a copyright infringement action brought by wallpaper seller Wallshoppe. U.S. District Judge Wesley Hsu in Los Angeles last week held Redbubble was protected from liability for copyright infringement under the safe harbor provision of the Digital Millennium Copyright Act and was not obligated to “investigate” to look for more potentially infringing material on its siteRead the <a href="https://www.law.com/litigationdaily/2024/06/07/litigator-of-the-week-runners-up-and-shout-outs-82/" target="_blank">full article</a>.

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Clients turn to Joe Gratz to handle trailblazing litigation where copyright and trademark law meet new technologies. An experienced litigator, Joe draws on his strong technical background to distill complex issues into simple, accurate concepts for judges, juries, and clients. Joe’s cases have set key precedents in Internet law, from the Google Books case that laid the groundwork for today’s generative AI innovations to key cases establishing the boundaries of intermediary liability. In addition to representing their interests in the courtroom, Joe helps his clients navigate their thorniest product counseling puzzles to reduce the risk of litigation.His appellate victory in Long v. Facebook set the standard for platforms in carrying out DMCA removals of user-generated content. And Joe’s win in Stevens v. CoreLogic established limitations on DMCA 1202 claims that have since been adopted by numerous other courts. His amicus brief on behalf of independent booksellers was cited by the Supreme Court in its opinion in Wiley v. Kirtsaeng, and he has submitted amicus briefs in other copyright cases on behalf of Center for Democracy & Technology (in Oracle v. Google) and on behalf of art law professors (in Warhol v. Goldsmith).A recognized commentator on copyright and internet law, Joe was selected as an advisor for the American Law Institute’s project to develop a Restatement of Copyright, and serves on the Advisory Board of the Electronic Frontier Foundation. He frequently speaks on emerging issues in Internet law and was called upon by the Senate Judiciary Committee in 2020 to testify about the interaction between the DMCA 512 safe harbor and fair use. Joe was the 2022 recipient of the California Lawyers Association’s IP Vanguard award, presented to one private practitioner each year for achievements at the forefront of emerging issues in intellectual property law.

Joseph Gratz

Partner

Katie McNutt is an associate in Morrison Foerster’s Intellectual Property Litigation Group.Katie litigates cases and counsels clients on matters involving patents, copyrights, and trade secrets across a range of industries. She recently assisted a client in obtaining summary judgment to establish that its activities hosting an online marketplace were protected from liability for copyright infringement under the safe harbor provision of the Digital Millennium Copyright Act and helped a healthcare client secure summary judgment of no trade secret misappropriation in a case involving wearable technology. Katie has also conducted patent analyses for a biotechnology client and supported a global technology company in defending its patents in post-grant proceedings at the U.S. Patent and Trademark Office.Prior to joining Morrison Foerster, Katie was an associate at Durie Tangri LLP, litigating patent, copyright, and trade secret cases involving technology ranging from life sciences to software. Katie also served as a law clerk to the Honorable Kara F. Stoll of the U.S. Court of Appeals for the Federal Circuit and to the Honorable Richard G. Andrews of the U.S. District Court for the District of Delaware.Katie earned her J.D. from Stanford Law School, where she was the editor-in-chief of the Stanford Technology Law Review and worked with the Juelsgaard Intellectual Property and Innovation Clinic, where she advised clients and prepared amicus briefs in the Federal Circuit and the United States Supreme Court. During law school, Katie also served as an extern to the Honorable Richard M. Mosk of the California Court of Appeal.Katie earned her B.S. in neuroscience from Duke University. She is licensed to practice before the U.S. Patent and Trademark Office.

Katherine McNutt

Associate

Patent Litigation