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World IP Day “Movie – A Global Passion” / Fair compensation for authors of movies

Next 26 April – as every year – the World Intellectual Property Organization (WIPO) celebrates the World IP Day. 26 April is the day on which the WIPO Convention came into force in 1970 and it has become an opportunity for...more

Tarantino’s “Hateful” Revenge: Director Pursues Copyright Claim Over Hyperlink To Leaked Script

Quentin Tarantino probably wasn’t offended when the Hollywood gossip website Defamer, owned by Gawker Media LLC, compared him to a petulant child and accused him of throwing a “temper tantrum.” After all, the colorful...more

University of Pittsburgh v. Varian Medical Systems, Inc. (Fed. Cir. 2014)

The Federal Circuit used its decision that the District Court erred in certain of its claim construction determinations to reverse a jury award of greater than $100 million, but left intact large portions of the District...more

Garcia v. Google, Inc. - USCA Ninth Circuit, February 26, 2014

Garcia v. Google, Inc. - USCA Ninth Circuit, February 26, 2014 - In Depth - Ninth Circuit panel rules that Google must remove Innocence of Muslims video from YouTube, concluding that plaintiff actress,...more

Ninth Circuit Recognizes Copyright Interest in Actor’s Performance in Response to Fatwa to Justify Takedown of Video

The Ninth Circuit became the first federal appellate court to hold that an actor has a copyright interest in her performance, holding that a district court abused its discretion in denying a motion for preliminary...more

Unanimous Supreme Court: Burden of Proof on Infringement Always on Patentee

In terms of the question presented, the Supreme Court of the United States answered that when a licensee seeks declaratory judgment against a patentee, asserting that its products do not infringe the licensed patent, “the...more

Federal Circuit Upholds RevitaLash Unfair Competition Violation

In Allergan, Inc. v. Athena Cosmetics, Inc., the Federal Circuit decided an appeal that did not present any patent issues, finding that the allegations of patent infringement in the underlying complaint gave it exclusive...more

Activision TV: District Court Expresses Concern over Nebraska Attorney General's Cease and Desist Order and Grants Preliminary...

In the ongoing battle between Activision TV, Inc. ("Activision") and the Attorney General for the State of Nebraska, Activision filed a preliminary injunction motion seeking to bar the Attorney General from enforcing a cease...more

Amici Submit Brief in Support of Ambry Genetics and Gene by Gene

Last week, the American Civil Liberties Union (ACLU), ACLU of Utah Foundation, Inc., Public Patent Foundation (PUBPAT), Association for Molecular Pathology (AMP), Breast Cancer Action, and AARP submitted an amici curiae brief...more

What You Should Know About Electronic Subscriptions and Copyright Law: A Best Practices Guide

Increasingly, printed matter is being made available via the Internet in electronic form, and both publishers and readers alike are starting to prefer an online format over the printed hardcopy format. One example is...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- July 12, 2013

Sony BMG Music Entertainment v. Tenenbaum, USCA, First Circuit, June 25, 2013 - First Circuit affirms judgment in favor of recording companies, holding that statutory damage award of $675,000 for willfully infringing...more

I Am… Other — How Trademark Owners Can Avoid Declaratory Judgments Actions

Singer-songwriter Pharrell Williams recently filed a declaratory judgment suit in the Southern District of New York against will.i.am of the music group The Black Eyed Peas. will.i.am owns the trademarks I AM and WILL.I.AM...more

Copyright Infringement Damages Upheld in File Sharing Case

The Tenebaum copyright infringement file sharing case, about which we first reported in an earlier blog, reached another milestone this week when the First Circuit upheld the jury’s $675, 000 damages award. Tenenbaum had been...more

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

First Circuit Affirms $675,000 Award Against Joel Tenenbaum: Gore Test Does not Apply to Statutory Damages under Copyright Act

This week, the First Circuit affirmed a $675,0000 statutory damages award against college student Joel Tenenbaum for copyright infringement. The Court held that the damages award, based on Tenenbaum’s illegal downloading and...more

Federal Circuit Has Appellate Jurisdiction Even Where Damages, Willfulness Have Not Been Determined

Although the U.S. Court of Appeals for the Federal Circuit did not take a position on the propriety of bifurcating damages and willfulness, to the extent those issues are separate from infringement, a party will now be able...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- June 6, 2013

Fortres Grand Corp. v. Warner Bros. Entertainment Inc., U.S.D.C., N.D. Indiana, May 16, 2013 - District court dismisses computer software company’s trademark claims against Warner Bros. based on references in Batman...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 31, 2013

Hart v. Electronic Arts, Inc., U.S.C.A., Third Circuit, May 21, 2013 - Third Circuit reverses district court’s grant of summary judgment dismissing claim of plaintiff, former college football player, for violating his...more

Federal Circuit Potential for Indirect Infringement Liability Provides a Justiciable Controversy for Declaratory Judgment...

In Arkema Inc. v. Honeywell Int’l, Inc., the Federal Circuit reversed a District Court’s finding of no justiciable controversy under Article III for a declaratory judgment suit over indirect infringement liability. Arkema...more

Will the Supreme Court Review Copyright Damages in Music Downloading Case?

Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading...more

Direct Purchasers Can Bring Walker Process Claims

In Ritz Camera & Image v. SanDisk Corp., No. 2012-1183 (Fed. Cir. Nov. 20, 2012), the Federal Circuit held that direct purchasers have antitrust standing to bring Walker Process claims....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 21, 2012

Table of Contents: Alexander v. Murdoch, USCA Second Circuit, November 14, 2012 - Second Circuit affirms dismissal of plaintiff’s copyright infringement and other claims against defendants, creators and producers...more

Music Law Weekly Case Update for Music Industry Executives -- September 13, 2012

Table of Contents: Capitol Records Inc. v. Thomas-Rasset - Circuit court reinstates $222,000 statutory damages award against defendant, individual, for willful infringement related to her downloading and making...more

Update: $675,000 Jury Verdict Against Music File-Sharer Upheld

As previously discussed on this blog, last year the First Circuit held that the jury verdict for $675,000 in statutory damages against graduate student and file sharer Joel Tenenbaum should not have been reduced to $67,500 by...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- July 19, 2012

Table of Contents: - American Broadcasting Cos., Inc. v. Aereo, Inc. - District court denies motion of plaintiffs, producers, marketers, and distributors of broadcast television, to enjoin Aereo from continuing...more

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