Restoration of Copyright in Foreign Works Passes Constitution Muster
No Declaratory Judgment Jurisdiction over Non-Asserted Claims; Injunction Affirmed
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Exceptional Case Fee Award Appropriate if Patent Owner’s Litigation Conduct Is Deemed Vexatious
Transfer of Ownership Requires a Written Assignment
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Excerpt from Restoration of Copyright in Foreign Works Passes Constitution Muster
by Paul Devinsky and Rita Weeks
In a 6-2 decision, the Supreme Court of the United States affirmed a decision by the United States Court of Appeals for the Tenth Circuit upholding a federal law that restored copyright protection to foreign works that had entered the public domain in the U.S. Golan v. Holder, Case No. 10-545 (Supr. Ct., Jan. 18, 2012) (Ginsburg, Justice) (Breyer, Justice, dissenting, joined by Alito, Justice).
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