Paul Devinsky

Paul Devinsky

McDermott Will & Emery

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Per Second Circuit: Full Text Searchable Database Is Fair Use

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

8/18/2014 - Copyright Copyright Infringement Databases Fair Use

Supreme Court Keeps Raging Bull Copyright Suit in the Ring

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

5/21/2014 - Copyright Copyright Infringement Corporate Counsel MGM Petrella v. MGM SCOTUS Statute of Limitations The Copyright Act

Stock Photo Agency Need Not List All Photographs in Its Compilation

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

5/19/2014 - Copyright Copyright Infringement Copyright Office Photographs

IP Update, Vol. 16, No. 10, October 2013

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Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory judgment...more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

IP Update, Vol. 16, No. 5, May 2013

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 Self-Replicating Inventions Standards-Essential Patents Standing Trademarks

IP Update, Vol. 16, No. 4, April 2013

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

“First Sale” Doctrine Applies to Works Lawfully Made Abroad and Imported to the United States

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

3/21/2013 - Copyright Exports First Sale Doctrine Grey Market Imports Kirtsaeng v. John Wiley & Sons SCOTUS

IP Update, Vol. 15, No. 12, December 2012

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 ITC Obviousness Patent Assertion Entities Patent Reform Patents Pay-For-Delay Permanent Injunctions Preliminary Injunctions Reissue Patents Restitution Trade Secrets Trademarks Walker Process Claims

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