News & Analysis as of

Family of Jack Gibson, founder of the National Association of Radio Announcers for Black Radio DJs, enforces famous mark “Jack the...

Judge Thrash issued a ruling granting in part and denying in part the motion for summary judgment of plaintiffs (Jill Gibson Bell, et. al., hereinafter “Gibson Family”) against Billy Darren Foster (“Foster”) for trade mark...more

Summary Judgment Motion Denied Where Expert's Opinion Established a Triable Issue of Fact on Infringement

Geotag, Inc ("Geotag") filed a patent infringement action against Frontier Communications Corp. ("Frontier"). Frontier filed a motion for summary judgment of non-infringement, arguing that no triable issue of material fact...more

Damage Expert's Failure to Consider Non-Infringing Alternatives Justifies Summary Judgment of No Lost Profits

Protegrity Corporation ("Protegrity") filed a patent infringement action against Voltage Security, Inc. ("Voltage")over patents that allegedly cover methods, systems and apparatuses for encrypting electronic data. Protegrity...more

Summary Judgment Granted Where District Court Determined Patent Was Not Infringed Because Not All of Infringing Steps of Method...

Automatic Data Processing, Inc. ("ADP") filed a declaratory judgment action against Wellogix, Inc., and Wellogix Technology Licensing LLC ("Wellogix") for a determination that ADP does not infringe a Wellogix method patent on...more

Google Wins Summary Judgment in Books Case - Full Copying to Make Search Snippets Available to End-Users Held Fair Use

Round one of the long-fought Google Books case has ended in a summary judgment victory for defendant Google. The Federal District Court for the Southern District of New York held yesterday that Google’s copying, use,...more

Motion to Amend Infringement Contentions Denied Where Plaintiff Waited Too Long After Claim Construction Ruling

Plaintiff Power Integrations, Inc. ("Power Integrations" or "PI") filed a patent infringement action against Defendants Fairchild Semiconductor Int'l, Inc., Fairchild Semiconductor Corp. (collectively, "Fairchild") and System...more

BakerHostetler Patent Watch: Cheese Sys., Inc. v. Tetra Pak Cheese and Powder Sys., Inc.

Where a court holds a claim obvious without making findings of secondary considerations, the lack of specific consideration of secondary considerations ordinarily requires a remand....more

Experts In Patent Cases: Getting The Most Out Of Your Star Witness

In This Issue: - Introduction - Selecting the Right Expert(s) ..The Testifying Expert ..Non-Testifying “Supporting” Experts - Fed. R. Civ. 26 Rules Governing Interactions Between Counsel and Experts ...more

June 2013: Entertainment Litigation Update

California Appeals Court Decides for Defendants in Idea Theft Case. - While idea theft claims continue to proliferate in Hollywood, a recent decision from the California Court of Appeal bolsters defendants’ chances...more

Patent Watch: Baron Servs., Inc. v. Media Weather Innovations, LLC

On May 7, 2013, in Baron Servs., Inc. v. Media Weather Innovations, LLC, the U.S. Court of Appeals for the Federal Circuit (Dyk, Reyna, Prost*) vacated and remanded the district court's summary judgment that MWI did not...more

Patent Watch: Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech.

On March 13, 2013, in Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech., the U.S. Court of Appeals for the Federal Circuit (O'Malley,* Bryson, Linn) affirmed-in-part, vacated-in-part and remanded the district court's...more

Patent Watch: Brilliant Instruments, Inc. v. GuideTech, Inc.

On February 20, 2013, in Brilliant Instruments, Inc. v. GuideTech, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore,* Reyna) reversed and remanded the district court's summary judgment that Brilliant did...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 14, 2013

In This Issue: - Morawski v. Lightstorm Entertainment, USDC C.D. California, January 31, 2013 (unpublished opinion): District Court grants defendants’ motion for summary judgment on plaintiff’s claims of...more

10 Things You Should Know About IP Litigation

1. Can I infringe a patent if I am not aware of it? Yes. Lack of knowledge of a patent or a lack of intent to infringe the patent is not a defense to an allegation of patent infringement. Patent infringement occurs when...more

Music Law Weekly Case Update for Music Industry Executives -- February 1, 2013

In This Issue: - Morris v. Young, USDC C.D. California, January 28, 2013 District court grants in part and denies in part plaintiff photographer’s motion for summary judgment in copyright infringement action against...more

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

In This Issue: - Mattel v. MGA Entertainment: Ninth Circuit vacates jury verdict and related damages, fees and costs award in connection with MGA’s misappropriation of trade-secrets counterclaim, finding that that...more

Federal Circuit Review - Volume 3 | Issue 1 - January 2013

In This Issue: • Prior Litigation Precludes Lawsuit • Disclosure of Broad Genus Does Not Disclose Species • Preamble Limits Claims - Excerpt from Prior Litigation Precludes Lawsuit: In...more

Patent Watch: Allflex U.S.A., Inc. v. Avid Identification Sys., Inc.

[Where] the appellant has identified no relationship between the valuation placed on the appeal and the issues the appellant wishes to challenge, the parties have simply placed a "side bet" on the outcome of the appeal, which...more

The APP STORE Trademark Wars: New Year’s Installment

Amazon has recorded another success in its battle with Apple over use of the term APP STORE. The U.S. District Court in California has granted Amazon’s motion for summary judgment on Apple’s claim of false advertising...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 10, 2013

Table of Contents: - Harney v. Sony Pictures Television, USCA First Circuit, January 7, 2013: Circuit court affirms summary judgment in favor of defendants, on plaintiff photographer’s copyright infringement claim,...more

Batmobile: The Copyright Rises

Over the weekend, I saw an article in the Hollywood Reporter (which incidentally likes to quote our very own Catlan McCurdy, like here and here) discussing the copyright dispute over the 1966 Batmobile. Warner Brothers and...more

Patent Watch: Intel Corp. v. Negotiated Data Solutions, LLC

§ 251 suggests to a potential licensee that -- in the absence of contrary language in the licensing agreement -- a license under the patent that is not directed to any specific claims, field of use or other limited right will...more

Intellectual Property Bulletin - Fall 2012

In This Issue: - Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement - Free and Open-Source Software Diligence in Mergers, Acquisitions, and...more

Design Patent Case Digest: Telebrands Corp v. Del Laboratories, Inc.

Telebrands Corp v. Del Laboratories, Inc. - Decision Date: September 8, 2011 - Court: S.D. New York - Patents: D596,802 - Holding: Coty’s motion for summary judgment of invalidity denied - Opinion:...more

Is Your House Designer Creative Or A Copier? Judge Finds An Issue Of Fact Whether A House Design Infringed On A Previous...

In Bruemmer v. Reardon, Case No. 1:11-cv-988 (W.D. Mich.), Judge Bell denied the defendants' motion for summary judgment because he found that a genuine issue of material fact existed as to whether the defendants infringed on...more

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