The Supreme Court heard oral arguments in Vidal v. Elster this week, which asks whether refusing to register a trademark that criticizes President Trump violates the Free Speech Clause of the First Amendment. It seems the...more
On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more
10/12/2023
/ Cause of Action Accrual ,
Certiorari ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Ownership ,
Damages ,
Discovery ,
Music ,
Music Industry ,
SCOTUS ,
Sound Recording Copyrights ,
Split of Authority ,
Statute of Limitations ,
The Copyright Act
On April 5, 2021, the Supreme Court issued its decision in Google v. Oracle, ruling 6-2 in Google’s favor on the issue of fair use. So ends a decade-plus battle between two tech giants that many viewed as having the potential...more
4/19/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Google ,
Intellectual Property Litigation ,
Java ,
Oracle ,
Oracle v Google ,
SCOTUS ,
Transformative Use
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
10/22/2020
/ Certiorari ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Fair Use ,
Google LLC v Oracle America Inc ,
Java ,
Popular ,
SCOTUS ,
Software ,
Source Code
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
12/23/2019
/ Android ,
Appeals ,
Certiorari ,
Copyright ,
Fair Use ,
Functionality ,
Google ,
Oracle ,
Popular ,
Remand ,
Reversal ,
SCOTUS ,
Smartphones ,
Software ,
Source Code ,
The Copyright Act ,
Transformative Use