Posts in Copyright

Uber is initiating a patent purchase program and is accepting submissions through May 23, 2017. British musician Ed Sheeran settles a copyright infringement suit that alleged “Photograph” was infringing. The Ninth Circuit deals a blow to websites that allow users to post photographs of celebrities, ruling that summary judgment was inappropriate and that agency theory is applicable under DMCA safe harbor provisions. The Andy Warhol Foundation preemptively files a DJ action against a photographer, the Federal Circuit denies rehearing in Unwired Planet v. Google, the ITC takes judicial notice of the PTAB refusing to institute IPR proceedings, and IBM teams with Teva Pharmaceuticals to apply cognitive tools to drug discovery.

The original lawsuit filed in December 2015 targeted The Big Bang Theory’s use of the song Soft Kitty, a song which the character Sheldon Cooper asks people to sing whenever he’s sick or needs mothering. The lyrics to that song were written in the 1930s by Edith Newlin, a published children’s author and mother of the two plaintiffs listed in the case. The lyrics were published by Willis Music Company in 1937 in a compilation where the song was titled Warm Kitty. Willis renewed the copyright registration covering the collection of nursery school songs in 1964. The plaintiffs alleged that this renewal served to register and renew Newlin’s rights to the Soft Kitty lyrics. This, the plaintiffs reasoned, required Willis to request permission from Newlin or her successors to license the song to Warner Bros. Entertainment, producers of The Big Bang Theory.

The ruling has wide implications for both the fashion apparel and home furnishings industry, both of which rely on distinctive, eye-catching designs to sell products. The upshot for clothing and furniture companies is that the Varsity Brands ruling gives product manufacturers an additional tool to combat knock-off designs. With that in mind, manufacturers should review their product line to ensure their copyright-eligible products are protected under this new standard.

Google tries to strike a “patent peace” with a new cross-licensing initiative for Android developers. The Federal Circuit is petitioned for review of a judgment in a patent case on the grounds that arbitration flouted public policy. A couple of Texas academic institutions square off in a patent battle over cancer treatments. Also, a House bill moves forward which would make the Register of Copyrights a Presidential appointee.

The licensing agreement, which covers patents directed at connected car technologies, is the latest partnership between these two companies seeking to increase entertainment and autonomous tech platforms within vehicles.,, In recent months, Microsoft has been ramping up licensing programs seeking to encourage the use of its patented technologies by auto manufacturers. At this year’s Consumer Electronics Show in Las Vegas, the company announced the Microsoft Connected Car Platform, a development platform for connected car technologies using the Azure cloud.

Authors who are making a wage that is at or below the poverty line create a burdensome charge for readers? Well when you put it that way what Justice Breyer wrote just sounds stupid… There is a cost associated with discovering whether there are previous copyrights and securing permission to copy? Is Justice Breyer really suggesting that the grant of rights to copyright holders is too onerous for copycats and plagiarists to bear? What about this radical idea Justice Breyer – don’t copy what you didn’t create! If you cannot acquire the rights then just don’t copy, period… There is a reason judges, and in particular Justices of the Supreme Court, are not supposed to say more than is necessary to decide a case. Without consideration of a multitude of important issues seemingly innocuous statements can easily be absurd in the broader context, not to mention set bad precedent.

The Supreme Court hears oral arguments in a case that could create venue limitations on patent infringement actions. A major Korean consumer tech firm files its first patent infringement suits it has ever filed in the U.S. Chinese courts overturn a ban on a major American-designed smartphone. President Trump taps Jared Kushner to lead a new innovation office within the White House. And Marvel wins a partial summary judgment in a copyright dispute relating to Iron Man and whether the company stole the familiar Iron Man suit from another comic book character.

On Tuesday, March 21st, the U.S. Supreme Court heard oral arguments in Impression Products, Inc. v. Lexmark International, Inc. The case surrounding the sale and resale of printer ink cartridges will require the Supreme Court to decide whether U.S. law surrounding patent exhaustion allows post-sale restrictions and if sales of a patented article outside of the U.S. exhausts the U.S. patent rights in that article… Arguing on behalf of petitioner Impression Products was Andrew Pincus who led off by noting that the first sale doctrine, in which an initial authorized sale of a patented item terminates all patent rights to that item, was a principle that goes all the way back to the 15th century… Appearing next in oral arguments was deputy U.S. solicitor general Malcolm L. Stewart supporting reversal in part and vacatur in part… Following Stewart was Constantine Trela, arguing on behalf of respondent Lexmark International. Trela agreed with the government in a limited sense in that the Federal Circuit properly looked to the statute to find origins and limits on the exhaustion doctrine.

On March 15th, an appeal filed in the U.S. Court of Appeals for the Ninth Circuit (9th Cir.) gave new life to a copyright battle that has been waged over arguably the most popular rock song of all time. Counsel representing Randy Wolfe, guitarist for the rock band Spirit, appealed an earlier decision from California district court, charging that the…

In Star Athletica Breyer laments that the majority is ignoring the statute, refers to copyrights as a monopoly, and explains that copyrights are a tax on consumers… These seemingly innocent comments demonstrate a breathtaking dishonesty, which is hardly a newsworthy conclusion, or even much of a revelation to anyone in the patent community. Still, over the past few days the drivel that has been sprinkled into Supreme Court opinions has been particularly nauseating. The ends justify the means for the Supreme Court. When it is convenient they defer to Congress and wax poetically about the importance of stare decisis, as they actually had the gall to do in Kimble v. Marvel Entertainment. When adhering to well-established rules and expectations of an entire industry is inconvenient, they create exceptions to statutes, ignore statutory schemes altogether, and overrule generations of well-established law.

On Wednesday, March 22nd, the U.S. Supreme Court handed down a decision in a copyright case, which clarifies federal copyright law surrounding whether features incorporated into the design of a useful article are eligible for copyright protection. In a 6-2 decision, the Supreme Court held in Star Athletica, LLC v. Varsity Brands, Inc. that such features are eligible for copyright protection if they can be perceived as a work of art separate from the useful article and would qualify as an protectable work if imagined separately from the useful article.

The highest federal court in the United States declines to hear an appeal from tech giants on applying common sense to patent validity challenge proceedings. A group of pharmaceutical giants duke it out in a patent battle over a topical ointment for treating acne. The capital’s district court hears arguments in a case about compulsory copyright licenses. Also, President Trump signs a bill authorizing billions in funding for the nation’s space agency.

On Tuesday, March 21st, the U.S. Supreme Court issued a decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, a case which looked at the issue of whether and to what extent the defense of laches may bar a claim for patent infringement brought within the six-year statutory limitations period, as defined by 35 U.S.C. Section 286. In a 7-1 vote, the Supreme Court decided that the equitable defense of laches cannot be invoked against claims for infringement occurring during the statutory period.

A well-known patent monetization firm jumps back into the brokered patent market in 2016’s fourth quarter. A federal judge in New York allows arguments over whether American movie star Marilyn Monroe has become too generic for any trademark rights to continue. Sony files a patent infringement lawsuit over set-top boxes. Forever 21 files a declaratory judgment action calling Adidas a trademark bully. Cher wins a copyright dismissal over claims her 2013 album cover was infringing. The Supreme Court gears up to hear oral arguments in a case that examines the limits of the patent exhaustion doctrine. Plus a very busy week on Capitol Hill.

A growing Chinese consumer electronics firm acquires a patent portfolio that makes them the fourth global producer of smartphones with the capacity to develop semiconductors in-house. The Supreme Court denies writ in a case, leaving in place a lower court’s decision on plaintiff standing in asserting foreign trademarks in the U.S. The Federal Circuit upholds patent invalidations levied against IP monetization firm Intellectual Ventures. Also, songwriter industry groups lobby the Copyright Office to adjust royalty fee structures in light of the growth of online streaming media.