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Litigation Alert: U.S. Supreme Court Addresses Attorney’s Fee Awards in Copyright Cases

Last week in Kirtsaeng v. John Wiley & Sons Inc., the Supreme Court held that district courts have wide discretion to grant attorney’s fee awards but should give substantial weight to whether the losing party was objectively...more

Intellectual Property Bulletin - Spring 2016

Supreme Court to Weigh In on Damages for Design Patent Infringement - Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s...more

Litigation Alert: Supreme Court’s Lexmark Decision Creates Uniform Federal False Advertising Standing Requirement

On March 25, the Supreme Court issued its opinion in Lexmark International v. Static Control Components, ruling that Static Control may proceed with its false advertising counterclaim under Section 43(a) of the Lanham Act...more

U.S. Court of Appeals for the Ninth Circuit Rules There Is No Cause of Action for “Contributory Cybersquatting”

On December 4, the Ninth Circuit ruled that the 1999 Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d) does not provide a cause of action for contributory cybersquatting. In Petroliam Nasional Berhad...more

Electronic Transfer of Copyright Approved by Fourth Circuit

The Fourth Circuit has confirmed what many copyright holders have long hoped was true: That copyright interests can be validly transferred through electronic means, despite language in the 1976 Copyright Act requiring that...more

Intellectual Property Bulletin - Summer 2013: ICANN Set to Launch New Generic Top-Level Domains: Understanding the Nuts and Bolts

The universe of generic top-level domains (gTLDs), currently limited to about a dozen such as .com, .net, and .org, will expand this year, as some of the more than 1,000 potential new gTLDs are rolled out. Businesses may want...more

Intellectual Property Bulletin - Summer 2013: Federal Circuit Holds That Failure to Abide by NDA Confidentiality Designation...

Prior to discussing or exchanging proprietary information with one another, companies frequently enter into non-disclosure agreements (NDAs) to afford protections beyond what they would otherwise be entitled to under their...more

Intellectual Property Bulletin - Summer 2013: Nash Bargaining Solution and Patent Damages: A 50 Percent “Rule of Thumb”?

The Federal Circuit rejected the use of the 25 percent “rule of thumb” as a basis for establishing a reasonable royalty in the Uniloc case in 2011. Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292 (Fed. Cir. 2011). Since...more

10/1/2013

SOPA Didn’t Die. It Just Became Soft SOPA.

January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more

Intellectual Property Bulletin - Summer 2013

January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more

Worst Case Scenarios for Alleged Copyright Infringers [Video]

Fenwick & West copyright litigation partner Andrew P. Bridges discusses two cautionary tales in which copyright holders used the Copyright Act to sue for a massive windfall of statutory damages. According to Mr. Bridges,...more

1/4/2013  /  Copyright , Damages , Record Labels

Managing Legal Risks as a Start-up [Video]

Fenwick & West litigation partner Andrew Bridges emphasizes the importance for young companies to bring in legal counsel to identify litigation risks before they arise. According to Bridges, attorneys can then plan the...more

9/25/2012  /  Damages , Startups , The Copyright Act

Legal Trends: Where is the action in copyright law today? [Video]

Fenwick & West Litigation partner Andrew Bridges discusses trending legal topics relevant to copyright holders and entrepreneurs and start-up companies. In recent years, copyright holders have turned to international trade...more

Copyright Safe Harbors: Establishing Protection Against Infringement Claims [Video]

Fenwick & West Litigation partner Andrew Bridges provides a brief overview of the Safe Harbor provisions of the Digital Millennium Copyright Act (DMCA). The Safe Harbor provisions are designed to protect service providers...more

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