News & Analysis as of

Copyright Infringement Supreme Court of the United States

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Fenwick & West LLP

Supreme Court's Petrella Decision Eliminates the Laches Defense as an Absolute Bar to Copyright Claims

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In the coming months, authors of copyrighted materials may begin resurrecting long buried works and asserting infringement claims against current users. The doctrine of laches — a plaintiff’s unreasonable delay in bringing...more

McNees Wallace & Nurick LLC

Supreme Court Clarifies Standing Requirements in False Advertising Lawsuits

On March 25, the U.S. Supreme Court clarified who has the right to assert a federal claim for false advertising. In a unanimous ruling, the Court established that one company can sue another under the Lanham Act, the federal...more

Bennett Jones LLP

Defining Copyright Infringement

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The Supreme Court recently addressed the approach to assessment of copyright infringement in the case of Cinar Corporation v Robinson, 2013 SCC 73, and thereby provided some important guidance to courts facing similar...more

Proskauer Rose LLP

Three Point Shot

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Sports and Hollywood have long been inextricably linked – many athletes want to be and even become actors, countless actors have lived out their athletic fantasies on the silver screen, and it is no secret that athletes and...more

Foley Hoag LLP - Trademark, Copyright &...

Rolling with the Punches: A Blow-by-Blow Account of the Supreme Court’s Copyright Laches Case

At some point, a legal claim is just so old and stale that it’s unfair to allow the plaintiff to bring it. The statute of limitations and the doctrine of laches are two different solutions to this same problem. The former...more

McDermott Will & Emery

IP Update, Vol. 16, No. 9, September 2013

McDermott Will & Emery on

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

Knobbe Martens

Copyright exhaustion in the US: what the Kirtsaeng and ReDigi decisions tell us about the future of the first sale doctrine and...

Knobbe Martens on

The concept of copyright ‘exhaustion’, or the ‘first sale’ doctrine, refers to the principle that once a copyright owner places a copyrighted item in the stream of commerce by selling it, they have exhausted their exclusive...more

McDermott Will & Emery

IP Update, Vol. 16, No. 6, June 2013

McDermott Will & Emery on

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

McDermott Will & Emery

IP Update, Vol. 16, No. 5, May 2013

McDermott Will & Emery on

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

BakerHostetler

Cars Lawsuit Runs Out of Gas

BakerHostetler on

The United States Supreme Court recently brought final resolution to Mandeville-Anthony v. Walt Disney Co., a dispute over the ownership of Disney and Pixar’s animated movies “Cars” and “Cars 2,” and the spin-off television...more

King & Spalding

Intellectual Property Newsletter - March 2013

King & Spalding on

*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

Foley Hoag LLP - Trademark, Copyright &...

Copyright Owners Left Legally Jet Lagged? – The Supreme Court Embraces the International Exhaustion Doctrine

A multi-year legal drama over the proper scope of certain sections of the U.S. Copyright Act, as applied to goods made and first sold outside the United States, has finally come to an end. In a 6-3 decision issued yesterday,...more

Baker Donelson

Supreme Court Strengthens Copyright First Sale Doctrine

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The U.S. Supreme Court today issued its decision in Kirtsaeng v. John Wiley & Sons, Inc. In a 6-3 ruling, the Supreme Court held that the first sale doctrine, which protects the owner of a lawful copy of a copyrighted work,...more

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