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 …
By Steve Brachmann
4 days ago 0

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 …
By Gene Quinn
5 days ago 8

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 …
By Steve Brachmann
21 days ago 1

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 …
By Steve Brachmann
28 days ago 0

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 …
By Matthew Schutte
28 days ago 1

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 …
By Logan Murr
1 month ago 0

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. …
By Eileen McDermott
2 months ago 11

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 …
By Steve Brachmann
2 months ago 0

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 …
By Curtis Dodd & Chris Dubuc
2 months ago 0

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 …
By Eileen McDermott
2 months ago 0

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 …
By Logan Murr
2 months ago 1

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 …
By IPWatchdog
2 months ago 0

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 …
By Tomi Herold
2 months ago 0

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 …
By Eileen McDermott
2 months ago 0

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 …
By Steve Brachmann
3 months ago 0