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Willful Patent Infringement: Understanding and Preparing for Claims
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Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters
Patent Infringement: Successful Litigation Stays the "Course"
Copyright infringement filings continue to grow with 2023 seeing a 25% increase in cases according to year end federal court statistics. This surge is driven in large part by copyright assertion entities, or “copyright...more
Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those)....more
In the ever-evolving landscape of intellectual property law, one of the most pressing challenges is posed by the rapid advancement of artificial intelligence (AI). Particularly in the realm of photography and visual content,...more
A California jury has awarded a photographer reportedly the “largest maximum statutory damages verdict for photography infringement in U.S. history,” according to the photographer’s lawyer. The jury awarded $150,000 in...more
We have discussed New York-based lighting and furniture designer and manufacturer Hudson Furniture, Inc. in a previous post. While that case has since been terminated, Hudson recently won summary judgment—a finding that...more
In the latest appeal of a copyright infringement dispute, the US Court of Appeals for the Ninth Circuit upheld the lower court’s finding that the copyright owner’s photographs were not part of a single compilation for...more
If you are being sued (or pursued) for copyright infringement, you will likely get a demand letter from a copyright law firm informing you that you have "willfully infringed" their clients software. They might also point out...more
When does a copyright violation rise to the level of criminal copyright infringement? We address this issue below. Federal prosecutors have a number of statutory tools available to combat this common white-collar crime. In...more
This CLE paper explores criminal intellectual property violations. There are a wide range of potentially applicable statutory provisions. Part One broadly discusses criminal copyright infringement, focusing on 17 U.S.C....more
Please join us as three of Greenberg Glusker’s entertainment and media litigators present a round-up of notable intellectual property and entertainment cases from the past few months that you may have overlooked during the...more
The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more
There has been tremendous recent growth in the range of specialized insurance policies offered to protect against intellectual property (IP) claims. “Traditional” policies may cover a given IP claim, but specific IP policies...more
Recently, copyright owners suing in the jurisdiction of the United States Court of Appeals for the Fifth Circuit were given a new reason to seek statutory damages instead of actual damages under the Copyright Act. Failure to...more
Recently, the Ninth Circuit reinstated a $460,000 jury verdict against print-on-demand site Zazzle, Inc. (“Zazzle”) for willful copyright infringement, putting a final stamp (perhaps) on a long-running dispute that explored...more
The US Court of Appeals for the Sixth Circuit dismissed claims against a recording artist and music publishing company for, finding that the court lacked personal jurisdiction over one of the accused artists, a UK resident,...more
As any football fan knows, Carrie Underwood has performed the introductory song for Sunday Night Football since 2013. “Waitin’ All Day For Sunday Night” was the introductory song for the 2013 and 2014 seasons, and “Oh Sunday...more
The US Court of Appeals for the Ninth Circuit examined issues of vicarious and contributory infringement—along with willfulness—in connection with a copyright infringement case involving a real estate website that featured...more
In many instances, trademark and trade dress cases are directed to injunctive relief, with damages being almost an afterthought. Not sharply focusing in damages from the outset of a case may be a mistake, particularly given...more
On December 4, 2017 Galatea Jewelry (“Galatea” or “Plaintiff”) filed a copyright infringement suit in the District Court for the Central District of California against the well-known crystal jewelry producer and retailer...more
On December 7, a federal jury in Los Angeles awarded $846,720 in damages to Unicolors, Inc. in its suit against H&M Hennes & Mauritz, LP for copyright infringement of a textile design. Unicolors, Inc. v. H&M Hennes & Mauritz...more
On April 4, 2017, the Ninth Circuit ruled that Urban Outfitters and Century 21 (collectively “Urban”) were liable for willful infringement of a copyrighted fabric design owned by Unicolors Inc. Unicolors is a Los Angeles...more
Federal Circuit After Stryker/Halo - Why it matters: On June 13, 2016, the U.S. Supreme Court decided the consolidated cases of Stryker Corp. v. Zimmer, Inc. and Halo Electronics, Inc. v. Pulse Electronics, Inc. and, as...more
In a case stemming from a copyright dispute over photographs of the legendary hip hop group Run-DMC, the US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of a music...more
Copyright Opinions - Unauthorized Copying Not an Element of Prima Facie Infringement Case: Ali v. Final Call, Inc., No 15-2963 (7th Cir. Aug. 10, 2016) - Wood, J. In a suit alleging copyright infringement through...more
Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more