Civil Remedies, Intellectual Property, Constitutional Law

Supreme Court Refuses to Hear File-Sharing Appeal

by Michele Bowman | Lawyers.com on 3/26/2013

Jammie Thomas-Rasset, the woman whom the recording industry martyred with a $222,000 damages award after several trials for stealing music online, has reached the end of her legal rope. The U.S. Supreme Court on Mar. 18...more

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

by Kevin Bell, Scott Chambers, B. Dell Chism, Richard Oparil | Patton Boggs LLP on 2/11/2013

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?

by Michael P. Boudett | Foley Hoag LLP - Trademark, Copyright &... on 12/24/2012

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

by Howard Ullman on 12/6/2012

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

by Jonathan Zavin | Loeb & Loeb LLP on 11/26/2012

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

by Loeb & Loeb LLP on 9/14/2012

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

$222K Verdict in File-Sharing Case Headed for Supreme Court

by Lawyers.com on 9/13/2012

You might remember KaZaA, a file-sharing site that allowed users to share music. Jammie Thomas-Rasset likely remembers it, and vividly. She was the first person to challenge the recording industry when it began coming after...more

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

by Foley Hoag LLP - Trademark, Copyright &... on 8/28/2012

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

by Loeb & Loeb LLP on 7/19/2012

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

Three Point Shot - June 2012

by Proskauer Rose LLP on 6/28/2012

In This Issue: - Floyd Mayweather, Jr. Says “Yep” to Copyright Infringement Suit...1 - Former Gold Medalist Can’t Clear Olympic Ad Hurdle...2 - Delay of Game in Former Coach’s NCAA Lawsuit...3...more

Warner Bros. Dropkicks Louis Vuitton’s Lawsuit Over The Hangover: Part II

by Greenberg Glusker Fields Claman & Machtinger... on 6/21/2012

Louis Vuitton has been busy practicing all kinds of legal kung fu in court lately. First, it unleashed a Chuck Norris-like flurry of legal roundhouse kicks to the dome upon hundreds of counterfeiters in the form of...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- June 20, 2012

by Loeb & Loeb LLP on 6/20/2012

Table of Contents: *Louis Vuitton Mallatier S.A. v. Warner Bros. Entertainment Inc. Louis Vuitton Mallatier S.A. v. Warner Bros. Entertainment Inc., USDC S.D. New York, June 15, 2012 District court grants...more

"Suggestion" of Mootness or, alternatively, Motion for Remand in AMP v. USPTO

by McDonnell Boehnen Hulbert & Berghoff LLP on 5/31/2012

One of the interesting and unresolved issues in the Association for Molecular Pathology v. U.S. Patent and Trademark Office case ("Myriad") involves whether the Federal Circuit, or any U.S. court, has jurisdiction to hear the...more

My Fellow Californians - Our Long National Nightmare is Over

by Sheppard Mullin Richter & Hampton LLP on 5/23/2012

In the same era Gerald Ford advised his fellow Americans that “our long national nightmare is over,” as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale...more

IP Update, Vol. 15, No. 1, January 2012

by McDermott Will & Emery on 2/1/2012

Supreme Court Restoration of Copyright in Foreign Works Passes Constitution Muster Patents No Declaratory Judgment Jurisdiction over Non-Asserted Claims; Injunction Affirmed Preliminary Injunctions...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 20, 2012

by Loeb & Loeb LLP on 1/23/2012

Table of Contents: •Golan v. Holder U.S. Supreme Court affirms decision of Tenth Circuit holding that federal law restoring copyright protection to foreign works previously in the public domain does not violate...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - December 14, 2011

by Loeb & Loeb LLP on 12/15/2011

Table of Contents: •New Sensations, Inc. v. Does 1-1,474 •Sarver v. Summit Entertainment LLC New Sensations, Inc. v. Does 1-1,474, USDC N.D. California, December 7, 2011 •District court grants motion of...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - November 3, 2011

by Loeb & Loeb LLP on 11/4/2011

Table of Contents: •Bethesda Softworks, L.L.C. v. Interplay Entertainment Corp. •Tiwari v. NBC Universal, Inc. Bethesda Softworks, L.L.C. v. Interplay Entertainment Corp., USCA Fourth Circuit, October 26,...more

IP Academy Newsletter- October 2011

by Morgan Lewis on 10/19/2011

Federal Circuit Reverses District Court Decision and Rules that Isolated DNA Sequences Are Patent-Eligible Subject Matter In a recent decision, Ass’n for Molecular Pathology v. U.S. Patent and Trademark Office et al.,...more

Music Lover on the Hook to the Tune of $675K

by Lawyers.com on 9/23/2011

In case you didn't know, practically anything you read, listen to or watch at the movie theater is protected by US copyright laws. Breaking those laws by copying those items or using them without permission can lead to big...more

Music Law Weekly Case Update For Music Industry Executives - September 21, 2011

by Loeb & Loeb LLP on 9/23/2011

Table of Contents: •Sony BMG Music Entertainment, et al. v. Tenenbaum Sony BMG Music Entertainment, et al. v. Tenenbaum, USCA First Circuit, September 16, 2011 •First Circuit holds district court committed...more

Advertising Law - September 12, 2011

by Manatt, Phelps & Phillips, LLP on 9/15/2011

In This Issue: Suit Challenging LEED Certification Dismissed; Second Circuit Upholds $1.9 Million Judgment Against Marketer Of Weight Loss Products; CVS Reaches $2 Million Settlement With California DAs; Google, DOJ...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - September 1, 2011

by Loeb & Loeb LLP on 9/2/2011

Table of Contents: •Arenas v. Shed Media US Inc. •Capitol Records, Inc. v. MP3tunes, LLC •Shropshire v. Canning •Muller v. Twentieth Century Fox Film Corp. Arenas v. Shed Media US Inc., USDC C.D....more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - August 17, 2011

by Loeb & Loeb LLP on 8/18/2011

Table of Contents: •Doe v. Gangland Productions, Inc., et al. •Goldberg v. Cameron •Mattel, Inc. v. MGA Entertainment, Inc. Doe v. Gangland Productions, Inc., et al., USDC C.D. California, August 1,...more

Last Month at the Federal Circuit - June 2011

by Finnegan on 6/30/2011

In this issue: Reissue Claims Rejected for Impermissibly Recapturing Subject Matter Surrendered During Prosecution of Original Patent Application; Evidence of Secondary Considerations Can Be Commensurate with the Scope of the...more

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Civil Remedies › Intellectual Property › Constitutional Law