Posts in Copyright Litigation


The Changing Landscape of Copyrights Part II: The Warhol Case Continues Trend in Favor of Fair Use

In my previous post, I explored how times have changed for photographers who once appeared to have the upper hand in copyright infringement disputes with appropriation artists …
By Lee Burgunder
7 days ago 1

The Changing Landscape of Copyrights: Hope Shifts from Photographers to Users

Copyrights protect original works of authorship fixed in a tangible medium of expression. When photographers take pictures of individuals, there are substantial questions regarding the elements that …
By Lee Burgunder
8 days ago 3

Other Barks & Bites, Friday, October 11: IPWatchdog Celebrates, USPTO Meets Pendency Goals, SCOTUS Denies IP Cases and ACLU Opposes CASE Act

This past week in Other Barks & Bites: the Federal Circuit issued precedential decisions affirming the invalidation of patent claims covering osteoarthritis treatments and a costs award to …
By IPWatchdog
12 days ago 1

Other Barks & Bites, October 5: USPTO Rulemaking Updates, Federal Circuit Weighs in on 101, and DOJ Tells SCOTUS to Deny Google Appeal

This past week in Other Barks & Bites: the USPTO delays the effective date for mandating electronic trademark application submissions and issues a proposed rulemaking on Patent Term …
By IPWatchdog
18 days ago 0

Peter v. NantKwest to Kick Off Busy IP Term for Supreme Court

Next week, the Supreme Court will hear the first of six IP cases granted cert last term. On Monday, the Court will hear Peter v. NantKwest, in …
By IPWatchdog
21 days ago 7

Other Barks & Bites, Friday, September 27: CAFC Partially Vacates PTAB Decision, Colarulli Appointed to Head LESI, and Copyright Office Seeks Comments on Music Modernization Act

This week in Other Barks & Bites: the Federal Circuit issued a precedential decision reversing the PTAB regarding proper primary reference and CBM review findings; USPTO Director Iancu …
By IPWatchdog
26 days ago 0

Other Barks & Bites, Friday, September 20: CAFC Issues Precedential Decisions on Patent Term Adjustment, DOJ Announces Trade Secret Charges, USPTO Urges CAFC Deference to POP

This week in Other Barks & Bites: the Federal Circuit issued a pair of precedential opinions affirming the USPTO’s determinations on patent term adjustment; Chuck Yeager filed …
By IPWatchdog
1 month ago 1

Other Barks & Bites, Friday, September 13: CASE Act Moves Out of Committee, Iancu Discusses SEPs and PTAB Designates Two Decisions as Precedential

This week in Other Barks & Bites: the Federal Circuit issued precedential decisions regarding secondary considerations of non-obviousness, limits to design patents and collateral estoppel of antitrust claims …
By IPWatchdog
1 month ago 0

Other Barks & Bites, Friday, September 6: CAFC Says State Sovereignty Doesn’t Authorize Suit in Improper Venue; USPTO Revises Guidance on U.S.-Licensed Attorney Requirement for Trademark Applicants

This week in Other Barks & Bites: the Chinese government announces stricter punitive measures in its IP system; the Federal Circuit says state sovereignty principles do not allow …
By IPWatchdog
2 months ago 0

Presumption of Guilt: How Microsoft Won a Protracted Battle on Unlicensed Software in Ukraine

In June 2019, five-years of legal proceedings between Microsoft and Zhytomyrgas PJSC in the Ukrainian courts came to an end. The parties began their battle in the context …
By Ivan Nikitchenko
2 months ago 0

Other Barks & Bites, Friday August 30: CAFC Dismisses Appeals of PTAB Institution Denials, Levandowski Indicted on Trade Secrets Theft

This week in Other Barks & Bites: the PTAB institutes IPRs despite arguments that the Chinese government was an unnamed real party-in-interest; the Federal Circuit dismisses appeals of …
By IPWatchdog
2 months ago 0

The Katy Perry Verdict Proves Our Music Copyright Laws Need a Tune Up

Our music copyright law is out of tune in several ways. The recent multi-million-dollar jury verdict this summer against Katy Perry and Capitol Records illustrates a lack …
By J. Michael Keyes
2 months ago 6

Other Barks & Bites, Friday, August 23: POP Issues Key Ruling, Gilead Challenges PrEP Patents, Qualcomm and LG Enter Licensing Agreement

This week in Other Barks & Bites: the USPTO’s Precedential Opinion Panel delivers a key ruling for inventors; the Second Circuit rules that a series of six …
By IPWatchdog
2 months ago 0

SCOTUS to Consider if State Legal Texts May Be Copyrighted in Georgia v. Public.Resource.Org

That an open government is inseparable from a free society is one of the basic tenets supporting American democracy. If people are to be ruled by laws, …
By Kristin Lamb
2 months ago 0

Other Barks & Bites, Friday, August 16: Iancu to Brief CAFC on Precedential Opinion Panel Deference, China to Regulate Patent Agencies, and FCC Approves T-Mobile/Sprint Merger

This week in Other Barks & Bites: The Federal Circuit has asked USPTO Director Andrei Iancu to brief the appellate court on deference that should be paid to …
By IPWatchdog
2 months ago 1