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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Baker Donelson

The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools

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Introduction - The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists...more

BakerHostetler

What Goldsmith Means to AI Trainers

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The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether...more

Foster Garvey PC

Navigating Copyright Boundaries: Insights from the Supreme Court Decision in Warhol v. Goldsmith

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The recent copyright infringement court decision involving artist Andy Warhol and photographer Lynn Goldsmith has sparked significant discussions about the impact on artists. This case, which revolved around the fair use of a...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

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With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Farella Braun + Martel LLP

[Webinar] SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways - July 27th, 10:00 am - 11:00 am PT

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After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of the United States finally put an end to the copyright infringement case Oracle brought against Google. The case was about...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Troutman Pepper

Supreme Court Leaves as Many Questions as It Answers in 'Google v. Oracle'

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The Court cleared Google of copyright infringement in terminating a 16-year long dispute as to whether Google’s Android mobile platform had infringed Oracle’s Java programming language’s copyright. However, the Court did not...more

Locke Lord LLP

Google LLC v. Oracle America, Inc.

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On April 5, 2021, the United States Supreme Court held that Google did not infringe on Oracle’s copyrights by copying 11,500 lines of Oracle’s Java SE API code....more

Dorsey & Whitney LLP

Google v. Oracle: What We Learned from Oral Argument

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On October 7, 2020, the Supreme Court heard arguments in Google v. Oracle, a decade-long battle challenging Oracle’s claim to own copyrights in certain aspects of its Java software platform that Google implemented in Android...more

Sunstein LLP

The Supreme Court Ponders These Questions in Google v. Oracle: Is the Sky Falling? Is JAVA like the QWERTY Keyboard?

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The Supreme Court heard oral arguments on October 7 in Google v. Oracle, which involves a Federal Circuit decision that we have discussed here. The primary question is whether the code of application programming interfaces...more

Dorsey & Whitney LLP

Google v. Oracle: SCOTUS Grants Cert In The “Copyright Lawsuit of the Decade” - Now What?

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On November 15, 2019, the Supreme Court granted cert in Google LLC v. Oracle America Inc. For many observers, this was a long time coming; the parties have been litigating the underlying case since August 2010, and from its...more

Jaburg Wilk

Copyright Update: Copyright Owners MUST Obtain Copyright Registration Before Filing Infringement Lawsuits

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The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement. The decision resolves a conflict between certain federal appeals courts that held copyright...more

Dorsey & Whitney LLP

BREAKING NEWS: The Supreme Court Rules that You Need a Copyright Registration to Sue for Copyright Infringement in Federal Court

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This morning, the Supreme Court resolved a longstanding circuit split about whether a copyright infringement plaintiff must first obtain a registration from the Copyright Office for the work upon which its claim is based...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act

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On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act. In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more

Dorsey & Whitney LLP

Will the Supreme Court Finally Let Trademarks Join their Intellectual Property Brethren In the Protection Provided Under the...

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Earlier this year, we wrote about the First Circuit’s decision in In re Tempnology, LLC, a bankruptcy case in which the First Circuit cemented a circuit split over whether a trademark licensee could retain its trademark...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

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On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - July 2017

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SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting...more

Ward and Smith, P.A.

Supreme Court Announces Broad Separability Test in Applying Copyright Law to Useful Articles

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This article continues the discussion in an earlier article addressing the scope of copyright protection as it applies to useful goods under copyright law. At the time the first article was written, Varsity Brands, Inc. v....more

McNees Wallace & Nurick LLC

A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

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Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring...more

Fenwick & West LLP

Litigation Alert: Supreme Court Clarifies Copyright Eligibility for Useful Articles

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While much of the legal press may be speculating about the future of the Supreme Court’s Chevron test, yesterday the Court considered a very different kind of “chevron”—a design on a cheerleader uniform. In Star Athletica LLC...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Farella Braun + Martel LLP

IP Law December Developments: What to Expect in the Future

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December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

Fenwick & West LLP

Advanced Copyright Issues on the Internet

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During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

Dorsey & Whitney LLP

Comic-Con, Costumes, and Copyright Concerns

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Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog...more

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