Posts in Copyright Litigation
Other Barks & Bites, Friday, December 6: Lawmakers Concerned with Copyright Restatement, USPTO Pushed to Keep SEP Injunction Policy, Qualcomm Pushes Back on Koh at Ninth Circuit
This week in Other Barks & Bites: the U.S. Supreme Court hears oral arguments over copyright status of the Official Code of Georgia Annotated; the Federal Circuit …
Other Barks & Bites for Friday, November 29: China Pledges ‘Social Satisfaction’ on IP Protection and Nominates Candidate to Head WIPO
This week in Other Barks & Bites: the Federal Circuit issues precedential decisions regarding its authority to remand to the PTAB, patent prosecution history estoppel and expert testimony …
Other Barks & Bites: USPTO Updates AIA Trial Practice Guide, VoIP-Pal Beats Four Apple IPR Petitions, and China is Top Filer of Blockchain Patents
This week in Other Barks & Bites: the U.S. Patent and Trademark Office issues an updated AIA Trial Practice Guide following SAS Institute v. Iancu; the AM-FM …
High Court This Time Grants Google’s Petition on Copyright for Software Interfaces
The Supreme Court has agreed to hear Google’s petition for a writ of certiorari in its long-running case with Oracle. The High Court will decide: 1. Whether …
Other Barks & Bites, Friday, November 15: SCOTUS to Hear Booking.com Trademark Case, AG Barr Backs FCC Plan Against Huawei and ZTE, Copyright Office Eliminates Physical Material Submission Options
This week in Other Barks & Bites: the Federal Circuit strikes down a district court’s finding of design patent infringement on summary judgment; the USPTO advises trademark …
Eleventh Circuit Takes A Bite Out of Originality in Dentist Photographer Case
Ownership of a valid copyright requires that the work be independently created by the author and have some “minimal degree of creativity,” as required by Feist Publ’…
Oral Arguments in Allen v. Cooper Pit Court Precedent Against Rising Tide of State Copyright Infringement
The Supreme Court heard oral argument in Allen v. Cooper (Case No. 18-877) on Monday, November 5, 2019. Petitioner Allen claims that the State of North Carolina infringed his …
Other Barks & Bites, Friday, November 8: SCOTUS Hears Allen v. Cooper Copyright Case, U.S. Government Sues Gilead, Amici Submit Briefs to CAFC in Chrimar
This week in Other Barks & Bites: the Trump Administration sues Gilead for infringement over HIVE PrEP treatment patents; Senators Inhofe and Wicker ask President Trump to show …
Filling in the Holes: The CASE Act is Where Good Intention Meets Good Policy
While there are a number of falsehoods being spread about the CASE Act by those who philosophically oppose any legislation that will help the creative community, there …
The Case Act: Good Intentions but Bad Policy
On October 22, the U.S. House of Representatives passed, by a vote of 410-6, the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”). The Act proposes …
Other Barks & Bites for Friday, November 1: CAFC Arthrex Decision Makes PTAB Judges Inferior Officers, USPTO Seeks Comments on IP Protections for AI Inventions and Reports to Congress on SUCCESS Act
This week in Other Barks & Bites: the Federal Circuit hands out three precedential decisions; the USPTO sends its SUCCESS Act Report to Congress; the Copyright Royalty Board …
Other Barks & Bites, Friday, October 25: CASE Act Passes House, Inventor Rally at AIPLA Meeting, Veteran IP Leaders Launch Patent Collective
This week in Other Barks & Bites: new patent collective for video technology launched; inventor rally to be held during live IPR hearing at AIPLA meeting; the White …
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 …
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 …
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 …
