The Supreme Court of the United States agreed to consider whether a copyright registration accurately reflecting a work can nevertheless be invalidated without fraudulent intent. Unicolors Inc. v. H&M Hennes & Mauritz LP,...more
The Supreme Court of the United States granted certiorari in the decade-long battle between Google and Oracle over use of copyrighted pieces of Java software in the Android smartphone operating system. Google LLC v. Oracle...more
The Supreme Court of the United States granted certiorari in a sovereign immunity copyright case to consider the abrogation issue in the context of copyright law. Allen v. Cooper, Case No. 18-877 (S. Ct. June 5,...more
7/15/2019
/ Abrogation ,
Allen v Cooper ,
Authors ,
Certiorari ,
Congressional Intent ,
Copyright ,
Copyright Infringement ,
Copyright Ownership ,
Copyright Remedy Clarification Act ,
SCOTUS ,
Sovereign Immunity
The US Court of Appeals for the Fifth Circuit upheld the entry of a default judgment against a copyright infringement and trade secrets defendant who ignored several district court orders and warnings regarding compliance...more
In addressing whether a non-exclusive copyright licensee was permitted to use a commercial printing service in furtherance of its “non-commercial” rights granted by a public license, the US Court of Appeals for the Second...more
In a case where a licensee granted the right to sue was bounced by the district court for lack of standing, the US Court of Appeals for the Second Circuit ruled that under § 501(b) of the Copyright Act, assignees of the bare...more
Addressing for the first time the 2008 amendment to the Copyright Act’s effect on the standard for invalidating a copyright registration, the US Court of Appeals for the 11th Circuit held that a copyright registration may...more
In a 6-2 decision authored by Justice Thomas, the US Supreme Court has now provided guidance as to whether aesthetic designs, such as stripes, chevrons, zigzags and color blocks of a cheerleading uniform are eligible for...more
3/27/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms
The Supreme Court of the United States has now agreed to review a 2015 decision by the US Court of Appeals for the Federal Circuit regarding the proper measure of damages in cases of design patent infringement. Samsung...more
Citing the Supreme Court of the United States’ Spring 2014 decision in Alice Corp. v. CLS Bank, the U.S. Court of Appeals for the Federal Circuit reversed itself and concluded that a claimed method for distributing online...more
11/19/2014
/ Advertising ,
Appeals ,
CLS Bank v Alice Corp ,
Copyright ,
Digital Media ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Transformativeness ,
Ultramercial v Hulu ,
WildTangent v Ultramercial
Authors Guild, Inc., et al. v. HathiTrust, et al. -
The U.S. Court of Appeals for the Second Circuit, affirming a district court summary judgment ruling in favor of a consortium of authors, ruled that the unauthorized...more
In a ruling that could potentially increase the number of copyright infringement actions, the Supreme Court of the United States has resolved a conflict among the circuits, holding that the equitable defense of laches cannot...more
Alaska Stock, LLC v. Houghton Mifflin Harcourt Pub. Co. -
Joining with the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Ninth Circuit ruled that a stock photo agency is the valid...more
No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center -
In a non-precedential opinion addressing declaratory judgment...more
11/1/2013
/ Cisco ,
Claim Construction ,
Copyright ,
FRAND ,
Offsets ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Telecommunications ,
Trademark Policing ,
Trademarks
“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. -
Resolving a split among the U.S. Courts of Appeals, the...more
7/31/2013
/ Abbreviated New Drug Application (ANDA) ,
Advertising ,
Antitrust Investigations ,
Arbitration Agreements ,
Claims Limitations Period ,
Copyright ,
Forum ,
FTC v Actavis ,
Good Faith ,
Induced Infringement ,
Infringement ,
International Trade Commission (ITC) ,
Jurisdiction ,
Lanham Act ,
Obviousness ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs ,
Prior Art ,
Reverse Payment Settlement Agreements ,
Standard Essential Patents ,
Trade Secrets ,
Trademarks
Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. -
In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more
5/31/2013
/ Arbitration ,
Bowman v Monsanto ,
Claim Construction ,
CLS Bank ,
CLS Bank v Alice Corp ,
Copyright ,
FRAND ,
Genetically Engineered Seed ,
Infringement ,
Monsanto ,
Obviousness ,
Patent Exhaustion ,
Patents ,
SCOTUS ,
Standard Essential Patents ,
Standing ,
Trademarks
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship -
Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
4/30/2013
/ Affidavits ,
Claim Construction ,
Copyright ,
Copyright Infringement ,
Discovery ,
DMCA ,
Infringement ,
Patents ,
Prior Art ,
Safe Harbors ,
Trademarks ,
USPTO
In a decision that may significantly impact international production and distribution practices for copyrighted works, the Supreme Court of the United States on Tuesday found that the Copyright Act’s first sale doctrine was...more
In This Issue:
Patents -
..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions
..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more
12/28/2012
/ America Invents Act ,
Claim Construction ,
Competition ,
Copyright ,
Infringement ,
International Trade Commission (ITC) ,
Obviousness ,
Patent Assertion Entities ,
Patent Reform ,
Patents ,
Pay-For-Delay ,
Permanent Injunctions ,
Preliminary Injunctions ,
Reissue Patents ,
Restitution ,
Trade Secrets ,
Trademarks ,
Walker Process Claims