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News Flash – Oracle v. Google Copyright Case

In its brief filed on May 26, 2015, the US Solicitor General (SG) advised the US Supreme Court to not hear Google’s appeal of a decision, from the Court of Appeals for the Federal Circuit, holding that copyright protection...more

TV Catchup and Section 73 – (Nearly) The End of the Road?

The Court of Appeal in England has recently made a second reference to the Court of Justice of the European Union (CJEU) in the case brought by UK free-to-air broadcasters ITV, Channel 4 and Channel 5 against the Internet...more

Garcia v. Google Inc. - USCA, Ninth Circuit, May 18, 2015

Ninth Circuit sitting en banc reverses 2-1 panel decision that required Google to remove anti-Islam video from YouTube based on actor’s claim of copyright in her five-second appearance, holding that “a weak copyright claim...more

Supreme Court Holds That "Good Faith" Belief in Patent Invalidity is No Defense to Induced Infringement

The U.S. Supreme Court today in Commil USA, LLC v. Cisco Systems, Inc. ruled that a "good faith" belief that a patent is invalid was not a defense to a claim of induced infringement. Reversing the Federal Circuit, the Court...more

Apple v. Samsung: Trade Dress Functionality and Total Profits without Apportionment

The highly publicized Apple v. Samsung litigation saga began in April 2011 when Samsung alleged various infringements of patents and trade dress related to Apple’s iPhone. A jury awarded more than $1 billion in damages. In a...more

Skype and Sky trademark: does the ruling of the General Court of the EU really end the dispute?

Recently, the General Court of the European Union dismissed Skype action against the decision of the Office for Harmonization in the Internal Market (OHIM) confirming that there is a likelihood of confusion between the...more

The Judge Next Door

Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al., 5:14-cv-03750 (Magistrate Paul Grewal) (May 13, 2015) - It is common to have discovery disputes in patent litigation, and parties often resolve such...more

Apple-Samsung Trade Dress Case Demonstrates Potential Value of Design Patents

A jury awarded Apple more than $1 billion in damages after finding that smartphones sold by Samsung diluted Apple's trade dress and infringed Apple's design and utility patents. After a partial retrial limited to determining...more

Intellectual Property Alert: Apple v. Samsung: The Federal Circuit Clarifies Design Patent Principles Law

In a much anticipated opinion issued by the U.S. Court of Appeals for the Federal Circuit in Apple v. Samsung on May 18, the design patent law with respect to remedies and the infringement test remains robust. Notably, and...more

US House of Representatives Holds Hearing on the .SUCKS New gTLD and ICANN Accountability and Stakeholder Trust

On May 13, 2015, the US House of Representatives Judiciary Committee's Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on "Stakeholder Perspectives on ICANN: The .SUCKS Domain and Essential...more

E-Commerce's Hidden Legal Issues

Less than 25 years ago, e-commerce was something not far removed from the stuff of science fiction. Today, it annually accounts for trillions of dollars in global sales. But, you should know, e-commerce presents legal issues...more

First Look at False Marking Under the AIA

In Sukumar v. Nautilus, Inc., the Federal Circuit took its first look at the standing requirements to bring a false marking case under the American Invents Act (AIA). The court rejected Nautilus’ arguments that only “market...more

Manatt Digital Media - May 2015

In the last two months, Virtual Reality (VR) has become the featured event in the media and in industry events, creating great buzz and excitement around the possibilities for transforming user experiences across all domains....more

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. ...more

Who Exactly Is a ‘User’ under the DMCA Safe Harbor?

The DMCA was enacted in 1998 to preserve “strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in a digital networked environment.” As part...more

Copyright: Europe Explores Its Boundaries - EU Expands Principle of Pan-European Jurisdiction over Copyright to Online Materials

One focus of the European Union’s Digital Agenda is to break down barriers to cross-border exploitation of intellectual property rights. Consistent with this goal, the European Court of Justice (ECJ) has recently dismantled...more

IP Newsflash - May 2015 #2

SUPREME COURT CASES - U.S. Supreme Court Remands Case to Federal Circuit to Review Patent Under Teva - On April 20, 2015, the U.S. Supreme Court remanded a case back to the U.S. Court of Appeal for the Federal...more

Snowden Strikes Back: Mass Collection of Telephony Metadata Struck Down By the Second Circuit

As post-Snowden America well knows, for some years now the National Security Agency (NSA) has been collecting bulk telephone metadata under the authority of Section 215 of the PATRIOT Act and aggregating it into data banks...more

Does there need to be patent reform?

Regular readers know I am a fan of Last Week Tonight with John Oliver. The show has done multiple segments relevant to our topics of discussion. They recently did a segment on patent reform....more

Live Streaming Apps Raise New/Old Copyright Concerns

Periscope (owned by Twitter) and Meerkat are two new “live streaming” apps which allow users to live stream videos from their phones. These applications could potentially change the way live sporting or music events are...more

Entertainment Industry Agent Rightscorp Seeks Personally Identifiable Information of Thousands of Internet Users

In the past two years, Rightscorp, Inc. has sought the identity of thousands of Internet subscribers across the country, in order to obtain settlements for alleged violations of its clients’ copyrights. ...more

Sports, Media and Entertainment Intelligence - May 2015 (Global)

COPYRIGHT - Belgium: Even a world famous painter needs to respect copyright - It has been held that the well-known Belgian painter Luc Tuymans breached professional photographer Katrijn Van Giel's copyright through his...more

The European Commission’s digital single market strategy: Challenges ahead for the media industries

After being elected as President of the European Commission (EC) in June last year, Jean-Claude Juncker made the realisation of a European ‘digital single market’ (DSM) a top priority. The EC’s much-anticipated white paper...more

YourBrand.sucks — Unless You Act Now!

As the INTA Annual Meeting winds down, one memory for me that certainly stuck out was an on-site ad campaign revolving around the new “.sucks” top-level domain (“TLD”). Depending on whom you ask, it’s either ingenious or...more

European Commission Announces a Digital Single Market Strategy for Europe

Content creators and content exploiters will need to review their licensing regimes and agreements if changes proposed by the European Commission are adopted. On 6 May 2015 the European Commission published its digital...more

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