Posts in Courts


Western Tennessee Judge Denies Spotify’s Motions to Dismiss Copyright Infringement Claims Brought by Bluewater Music

U.S. District Judge Jon McCalla of the Western District of Tennessee recently issued an order denying motions made by interactive streaming music provider Spotify to dismiss …
By Steve Brachmann
1 hour ago 0

Museum of Modern Art Wins Injunction Against MOMACHA On Merits of Trademark Infringement, Dilution Claims

U.S. District Judge Louis Stanton recently issued an opinion granting an injunction requested by New York City’s Museum of Modern Art (MoMA). The injunction prevents …
By Steve Brachmann
4 hours ago 0

A Realistic Perspective on post-Alice Software Patent Eligibility

Much of the havoc wrought in the software patent system by the landmark decision Alice v. CLS Bank International, 134 S. Ct. 2347 (2014) stems from the unworkable two-part patent …
By Babak Nouri
22 hours ago 1

Judge Denies Beyoncé Motion for Summary Judgment in Feyoncé Trademark Case

On Sunday, September 30th, U.S. District Judge Alison J. Nathan of the Southern District of New York signed a memorandum opinion and order that was officially …
By Steve Brachmann
2 days ago 0

Expansion of the Blocking Patent Doctrine: Trading Logic for Gremlins

Since Merck & Co. v. Teva Pharmaceuticals, blocking patent arguments have arisen in the Federal Circuit primarily in the pharmaceutical patent context, and until now have largely been …
By Melissa Brand & Hans Sauer
3 days ago 4

Conjecture and Speculation in Patent Obviousness: Trading Logic for Hindsight

Hindsight bias, the phenomenon that things seem more predictable and obvious after they have occurred, is one of the most widely-studied “decision traps” in psychology... Patent litigation …
By Hans Sauer & Melissa Brand
4 days ago 7

Supreme Court Asked to Consider Immoral or Scandalous Trademarks

On September 7, 2018, the government filed a petition for writ of certiorari in the case relating to Eric Brunetti’s clothing brand, called FUCT. Although Brunetti has marketed …
By Brian Iverson
4 days ago 1

Judge Rules That Script for “Friday the 13th” Was Not a Work For Hire, Allows Scriptwriter to Reclaim Copyright

District Judge Stefan Underhill of the District of Connecticut issued a ruling on cross-motions for summary judgment in a copyright case involving the cult horror film Friday …
By Steve Brachmann
4 days ago 0

Patent Infringement Lawsuit Against Comcast Highlights Attractiveness of Middle District of Florida for Patent Plaintiffs

On August 1st, Fort Myers, FL-based over-the-top (OTT) Internet television provider WhereverTV filed a suit alleging patent infringement against Philadephia, PA-based telecommunications conglomerate Comcast Corporation. Despite the …
By Steve Brachmann
5 days ago 0

Supreme Court to Hear Rimini Street v. Oracle to Decide if Copyright Act Authorizes Non-Taxable Costs

The U.S. Supreme Court has granted a petition for writ of certiorari to take up Rimini Street v. Oracle on appeal from the Court of Appeals …
By Steve Brachmann
6 days ago 0

Abstractness is not the malleable concept the Supreme Court thinks

If the claim is directed to an abstract idea, then abstractness is an essential property of the claimed subject matter as a whole. As such, a claim …
By Peter Kramer
7 days ago 54

The Evolution of Antibody Patents

As the pharmaceutical industry continues to shift toward biologic-based drugs, including monoclonal antibodies, protecting the underlying technology has been and continues to be a priority for companies. …

Federal Circuit Decision Erases $234 million Damages Awarded to WARF

The Federal Circuit recently issued a ruling reversing the district court’s denial of Apple Inc.’s (“Apple”) motion for judgment as a matter of law (“JMOL”) …

Ninth Circuit Vacates and Remands ‘Stairway to Heaven’ Copyright Case Over Erroneous and Prejudicial Jury Instructions

The Court of Appeals for the Ninth Circuit recently issued an opinion in Skidmore v. Led Zeppelin, which vacated-in-part a judgment out of the Central District of …
By Steve Brachmann
9 days ago 7

Service Starts § 315(b) Time-Bar Even If Complaint Involuntarily Dismissed Without Prejudice

In Bennett Regulator Guards, Inc. v. Atlanta Gas Light Co. the Federal Circuit ruled the time-bar for filing a petition for inter partes review in Section 315(b) …

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