In a closely watched case about damages and the statute of limitations under the Copyright Act, the U.S. Supreme Court held yesterday in a 6-3 decision that, so long as claims are timely, the “Copyright Act contains no...more
5/13/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery Rule ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
The Copyright Act prescribes a three-year statute of limitations (17 U.S.C. § 507(b)), and the default “incident of injury” rule dictates that the three-year clock starts running when the infringement occurs. However, when a...more
In This Issue -
Transformative Fair Use: Does Andy Warhol Qualify?
On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more
8/9/2022
/ Abandonment ,
Appeals ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Misappropriation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
The Copyright Act ,
Trade Secrets ,
Trademark Expiration ,
Trademark Litigation ,
Trademarks ,
Transformative Use
On July 6, 2021, a federal court ordered that Mars, Inc.’s trade secret lawsuit against its former executive must be resolved in arbitration. Mars v. Szarzynski is a cautionary example of broad judicial interpretation of...more
In This Issue -
Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions?
In Minerva v. Hologic, the Supreme Court recently upheld the patent-law doctrine of assignor estoppel—which bars the...more
8/26/2021
/ Anti-Competitive ,
Antitrust Division ,
Appeals ,
Arbitration ,
Artificial Intelligence ,
Assignor Estoppel ,
Best Practices ,
Copyright ,
Employer Liability Issues ,
EU ,
Federal Trade Commission (FTC) ,
Final Written Decisions ,
General Data Protection Regulation (GDPR) ,
Inter Partes Review (IPR) Proceeding ,
Inventions ,
Inventors ,
Life Sciences ,
Music Modernization Act ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Royalties ,
Trade Secrets