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Supreme Court to Consider Fraudulent Intent in Copyright Registration

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

Supreme Court to Weigh In on Google-Oracle Copyright Dispute

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

Supreme Court to Consider Abrogation of Sovereign Immunity Under Copyright Law

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

Failure to Comply with Local Rules Risks Entry of Default Judgment

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

Great Minds Don’t Always Think Alike: License Limitations Must Be Explicit

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

5/4/2018  /  Copyright , FedEx , Licensees

A Picture Is Worth a Thousand Words, but Owning a Piece of the Bundle Is Priceless.

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

“Everyday I’m Hustlin’” to Ensure Valid Registrations

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

SCOTUS Agrees that Cheerleading Uniform Designs Are Eligible for Copyright Protection

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

Yet Another Bite at this Apple: Damages in Design Patent Cases - Samsung Electronics Co., Ltd. v. Apple Inc.

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

Post-Alice Federal Circuit Finds Internet Advertising Method to Not Be Patent Eligible

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

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

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

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

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

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

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

“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

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

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