Posts in Circuit Courts of Appeal
Models’ Lawsuits Against Nightclubs Highlight SCOTUS Petition Challenging Elevation of ‘Public Prominence’ Factor in Lanham Act Cases
In mid-October, a pair of lawsuits were filed in the Eastern District of Virginia by different groups of professional models seeking damages and injunctive relief under the …
Judge Koh Responses on Antitrust-IP Intersection Promise More of the Same
On October 5, the Senate Judiciary Committee considered the nomination of Judge Lucy Koh, currently of the U.S. Federal District for the Northern District of California, to …
Second Circuit Copyright Ruling Affirms Independent Contractor Status for Friday the 13th Author
On September 30, the U.S. Court of Appeals for the Second Circuit issued a ruling in Horror Inc. v. Miller in which the appellate court affirmed a …
Epic Sports Petitions Fifth Circuit for Rehearing En Banc in Texas A&M ‘12th Man’ Copyright/ Takings Clause Case
On September 22, publishing company Canada Hockey L.L.C., doing business as Epic Sports, and Michael Bynum, a sportswriter and editor, filed a petition for rehearing en …
Third Circuit: Facebook Not Immune to Right of Publicity Claims Under IP Carve-Out of Section 230
On September 23, the U.S. Court of Appeals for the Third Circuit reversed in part a decision by the U.S. District Court for the Eastern District …
Third Circuit Joins Sister Courts in Ruling TTAB Decisions May Not Have Preclusive Effect
On September 17, the United States Court of Appeals for the Third Circuit issued a precedential decision that affirmed in part, reversed in part, and remanded a decision …
Judge Lucy Koh Tapped for Ninth Circuit Alongside Seven Other Biden Nominees to Federal Bench
President Joe Biden on Wednesday nominated eight new judges for federal courts, including Judge Lucy Koh for the U.S. Court of Appeals for the Ninth Circuit. …
Ninth Circuit Affirms Permanent Injunction Preventing Guest-Tek From Petitioning PTAB for Validity Challenges to Nomadix Patents
On September 3, the U.S. Court of Appeals for the Ninth Circuit issued a pair of decisions in Nomadix, Inc. v. Guest-Tek Interactive Entertainment Ltd. on appeal …
Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims
In a previous article, we discussed the difference between a reasonable royalty for patent infringement and a FRAND licensing rate, both in terms of their origins and …
Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations
The U.S. Court of Appeals for the Fifth Circuit today affirmed an Eastern District of Texas court’s judgment for Ericsson, finding no error in the …
Tenth Circuit Partially Affirms Decision Enforcing Lanham Act on Foreign Defendants Based on Extraterritorial Conduct
On August 24, the U.S. Court of Appeals for the Tenth Circuit affirmed in part, reversed in part and remanded a decision of the district court for …
Ninth Circuit Reverses Win for the Turtles’ Rights Owners Under California Law on Copyright for Public Performance
The U.S. Court of Appeals for the Ninth Circuit on Monday ruled that California common law on copyright protection does not include a right of public …
Second Circuit Rebukes District Court in Two-Decade Old Patsy’s Pizza Litigation
On August 17, in the case of I.O.B. Realty, Inc. v. Patsy's Brand, Inc., the United States Court of Appeals for the Second Circuit ordered that …
Eighth Circuit to Realty Companies: Try Fair Use Next Time to Legally Publish Floorplans
The U.S. Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate …
Eleventh Circuit Affirms Summary Judgment on Cybersquatting Claims Brought by Owner of ‘European Wax Center’ Mark
On August 6, the U.S. Court of Appeals for the Eleventh Circuit issued a decision in Boigris v. EWC P&T, LLC in which the appellate court …
