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2nd Circuit Reverses, Says Court Applied Wrong Fair Use Standard
NEW YORK - A New York federal judge erred in rejecting a fair use defense to copyright infringement allegations levied against a famous artist by a French photographer, the Second Circuit U.S. Court of...
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Pennsylvania Federal Judge Denies Summary Judgment In Copyright, Trademark Case
HARRISBURG, Pa. - A dispute over the allegedly illicit reproduction of images from copyrighted journals will proceed to trial, a Pennsylvania federal judge ruled April 10 (Elsevier Inc., et al. v....
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Trade Dress Claims Not Preempted By Copyright Act, Tennessee Judge Says
NASHVILLE, Tenn. - A defendant was denied dismissal of federal trademark and trade dress infringement allegations on April 25, when a Tennessee federal judge found that neither claim is preempted by...
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IBM Denied Summary Judgment In New York Copyright Case
NEW YORK - An effort by International Business Machines Corp. (IBM) to obtain dismissal of breach of contract counterclaims was thwarted April 25 by a New York federal judge (International Business...
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N.Y. Panel Finds No Safe Harbor For Pre-1972 Works In Grooveshark Copyright Case
NEW YORK - A New York appellate panel on April 23 found that the safe harbor from copyright infringement afforded to online service providers by the Digital Millennium Copyright Act (DMCA) does not...
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YouTube Protected By Safe Harbor In Viacom Suit, New York Federal Judge Rules
NEW YORK - A group of copyright holders, headed by Viacom International Inc., failed to establish that YouTube Inc. violated the provisions of the Digital Millennium Copyright Act (DMCA) related to...
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Theme Similarity Is Not Copyright Infringement, Elton John Says Of Hit 'Nikita'
Case: Guy Hobbs v. Elton John, et al., No. 12-3652, 7th Cir....(read more)
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File-Sharer's Actions Support Damages Award, Record Companies, U.S. Say
Case: Sony BMG Music Entertainment, et al. v. Joel Tenenbaum, No. 12-2146, 1st Cir.; See February 2013, Page 22....(read more)
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Textbook Publisher Says Infringement Damages For Photos Awarded In Error
Case: Louis Psihoyos v. John Wiley & Sons, Inc., No. 12-5069, 2nd Cir....(read more)
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Adobe: Ruling On Copyright, Trademark Defenses Was Incorrect
Case: Adobe Systems Incorporated v. Joshua Christenson, et al., No. 12-17371, 9th Cir....(read more)
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Supreme Court Hears Oral Arguments In Gene Patent Dispute
WASHINGTON, D.C. - The U.S. Supreme Court on April 15 appeared skeptical of claims that native DNA is patentable during oral arguments in a case closely watched by the medical community and biotech...
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North Carolina Federal Judge Issues Injunction In Patent Dispute
GREENSBORO, N.C. - After upholding the validity of a patent on the eyelash-growth drug Latisse, a North Carolina federal judge on April 23 enjoined four defendants from marketing and selling a generic...
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Federal Circuit Affirms Construction, Finding Of Disclaimer In Patent Case
WASHINGTON, D.C. - A California federal judge properly construed a disputed patent term as narrowed by the doctrine of prosecution history disclaimer, a divided panel of the Federal Circuit U.S. Court...
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Federal Circuit Affirms Noninfringement Finding In Favor of Walmart
WASHINGTON, D.C. - A California federal judge did not err in granting Walmart.com USA LLC a summary judgment of noninfringement, the Federal Circuit U.S. Court of Appeals ruled April 16 in a dispute...
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Federal Circuit Denies Mandamus Petition In Patent Dispute
WASHINGTON, D.C. - An effort by Broadcom Corp., Qualcomm Inc. and Qualcomm Atheros Inc. (Broadcom, collectively) to obtain dismissal or transfer of a patent infringement case was thwarted April 23 by...
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Federal Circuit Reverses Dismissal Of Patent Claims Against Time Warner
WASHINGTON, D.C. - A California federal judge applied an incorrect standard in dismissing claims of patent infringement levied against Time Warner Cable Inc. (TWC) and DirectTV, the Federal Circuit...
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Federal Circuit Vacates Invalidity Judgment, Dismissal Request
WASHINGTON, D.C. - A New York federal judge erred in granting a Federal Rule of Civil Procedure Rule 60(b) motion in a patent dispute over a method for laser inscription on gemstones, the Federal...
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Federal Circuit: Claim Not Invalid For Indefiniteness
WASHINGTON, D.C. - A New York federal judge erred in granting a defendant's motion for summary judgment of patent invalidity, the Federal Circuit U.S. Court of Appeals ruled April 26 in a dispute over...
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Federal Circuit Partly Reverses In Ophthalmic Drug Patent Dispute
WASHINGTON, D.C. - Although a Texas federal judge erred in finding certain claims of a combination ophthalmic drug treatment patent not invalid, several generic drug makers failed to prove by clear and...
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Judge Stays Patent Case Pursuant To America Invents Act
CLEVELAND - A pending Covered Business Method (CBM) review by the Patent Trial and Appeal Board (PTAB) should be allowed to proceed before infringement litigation, an Ohio federal judge ruled April 17...
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