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McRo decision gives software/computer-based patents a big boost

On September 13, 2016, the US Court of Appeals for the Federal Circuit held as patent-eligible patent claims directed to automated lip-synching for animated characters. This holding builds upon the few decisions thus far...more

Bottom of the Ninth Disclosure of New Damages Theory Warrants More Discovery

In a recent opinion in a patent infringement case concerning a baseball pitching simulator, Judge Vanessa Bryant in the District of Connecticut issued an order to administratively close the case, pending further damages...more

Copyright and Trademark Case Review

Summaries of Recent Precedential and Informative Appellate Opinions - January 29 – February 26 Copyright Opinions - CBS Broadcasting Inc. v. FilmOn.com, Inc., No. 14-3123-cv (2d Cir. Feb 16, 2016): Second...more

Athletic Shoe Lawsuits are Off and Running

Sneakers have been around for a very long time – at least since the late 1800’s. The first patent for a rubber heel for shoes was granted in 1899, and the first patent for “athletic shoes” issued in 1921, although it related...more

Stealing Bases Okay; Stealing Data Not So Much

On January 8, 2016, Christopher Correa, the former director of Baseball Development for the St. Louis Cardinals, pleaded guilty to each count of a five-count criminal information, charging him with felony violations of...more

Three Point Shot - December 2015

Keep Off the (Patented) Grass - Maintaining a beautiful lawn usually requires a lot of work, unless you are friends with Edward Scissorhands or install a "Brady Bunch" lawn of artificial grass instead. Installing...more

Second Circuit Holds That the Google Digital Books Project Is Protected Under the Fair Use Doctrine

On October 16, the Second Circuit ruled that Google’s scanning of millions of books without the copyright holders’ permission, for use in its “Google Books” database, is permissible under the fair use doctrine. Google Books...more

Corporate Espionage: Not Your Typical Sports-“Gate”

Generally when one refers to “competitors” in the context of protecting trade secrets, it is in regard to business competitors, not competing sports teams. And usually when the talking heads on sports radio and television...more

IP Newsflash - June 2014 #4

George Clinton to Pay His Lawyers in Song - In a 9th Circuit opinion, the panel upheld a district court opinion which assigned four of Clinton’s sound recording copyrights to a receiver to satisfy judgments rendered...more

Boston Copyright Round Table on Policy, Creativity and Innovation

The Department of Commerce is holding a round table at Harvard Law School on June 25, 2014 to discuss the Internet Policy Task Force’s Green Paper on Copyright Policy, Creativity and Innovation in the Digital Economy,...more

IP & Technology Newsletter (Spring 2014)

In this issue: - Special Report: US Supreme Court Will Decide Key IP Cases in 2014 - Patent Litigation: Strategies to Battle NPEs: Lessons from the Front Lines - Design Patents: The Federal Circuit...more

World IP Day “Movie – A Global Passion” / Tackling online piracy

As part of the series of posts dedicated to movies and intellectual property for celebrating the upcoming World IP Day, we blogged about the recent Sky-SIAE case on fair compensation for authors of movies who have assigned...more

French Courts Ordered to Block and Delist 16 Streaming Websites

Last November, French courts have, for the first time, ordered to block entire video streaming websites based on specific laws against copyright infringement (Hadopi 2009 laws1). To some authors, this decision is questionable...more

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

Chad Elie v. Ifrah Law PLLC [Professional Negligence Claims]

PROPOSED JOINT DISCOVERY PLAN AND SCHEDULING ORDER SUBMITTED IN COMPLIANCE WITH FED. R. CIV. P.26(f) AND LOCAL RULE 26-1(E )Nevada

PROPOSED Joint Discovery Plan / Scheduling Order filed by Plaintiff Chad Elie, Defendants Alain Jeffery Ifrah, Ifrah PLLC . (Chattah, Sigal) (Entered: 10/17/2013) [Clerk Notes.] ...more

Langone v. FanDuel, Inc. (Fantasy Sports)

MEMORANDUM OPINION AND ORDER re Dismissal of Civil ActionIllinois

United States District Court for the Northern District of Illinois, Eastern Division (Judge Thomas M. Durkin); MEMORANDUM OPINION AND ORDER re Dismissal of Civil Action based upon the Illinois Loss Recovery Act, 720 ILCS...more

Private or Public? The Developing Circuit Split on Internet TV Retransmission

It appears that a Circuit split is developing on the issue of whether Internet services that transmit network television programs are engaged in a transmission to the public in violation of the networks’ copyrights. The...more

Notice to US Full Tilt Poker Player Victims re Fund Remission Protocols

Electronic Notice by Claims Administrator Garden City Group to US Full Tilt Poker Player Victims re Fund Remission Process, Protocols, and Procedure. --- On September 16th, 2013 the Full Tilt Poker Claims...more

Seltzer v. Green Day, Inc.

US Court of Appeal (9th Cir.) Opinion re Fair Use of Video Backdrop for Stage Show California

SUMMARY -- Copyright / Fair Use The panel affirmed the district court’s summary judgment in favor of the defendants but vacated the district court’s award of attorneys’ fees in an artist’s action alleging violations of the...more

High Court confirms that operators of a live sports indexing website infringe FAPL’s copyright

Following high-profile injunctions awarded last year against the major ISPs requiring them to block access to peer-to-peer (P2P) file sharing sites Newzbin2 and The Pirate Bay, in a new site blocking decision delivered on 16...more

Chad Elie v. Ifrah Law PLLC [Professional Negligence Claims]

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS’ REPLY IN SUPPORT OF MOTION TO DISMISS (FIRST REQUEST)Nevada

STIPULATION FOR EXTENSION OF TIME (First Request) for Defendants' Reply in Support of MOTION to Dismiss by Defendants Alain Jeffery Ifrah, Ifrah PLLC. (Terry, Brian) (Entered: 07/22/2013) [Clerk's Notes] ...more

US v. Pokerstars, et. al. (Absolute Poker)

STIPULATION AND ORDER OF SETTLEMENT WITH RESPECT TO ABSOLUTE POKERNew York

STIPULATION AND ORDER OF SETTLEMENT WITH RESPECT TO ABSOLUTE POKER: IT IS HEREBY STIPULATED, ORDERED AND AGREED, by and between Plaintiff United States of America, by its attorney Preet Bharara, United States Attorney,...more

Game Developer’s Conduct Justified Granting Publisher a Permanent Royalty-Free License

On April 9, the U.S. Court of Appeals for the 5th Circuit issued an order upholding an arbitration award against a video game developer and granting a publisher a perpetual license in the developer’s game due to the...more

US v. Pokerstars, et. al. (Christopher Ferguson)

SDNY Hon. Judge Kimba M. Wood executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSONNew York

Approved and Executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON: Ferguson agrees to forfeit to the United States all funds in the Ferguson Account (the "Ferguson Account Funds") for disposition...more

US v. Pokerstars, et. al. (Christopher Ferguson)

LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin dated 02/19/2013New York

LETTER addressed to Judge Kimba M. Wood from AUSA Sharon Cohen Levin dated 02/19/2013 re Christopher Ferguson Settlement Stipulation. ...more

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