Posts in Circuit Courts of Appeal


Other Barks & Bites: New Register of Copyrights, Win for Qualcomm at ITC and Big Tech Up in Arms Over New EU Copyright Rules

This week in Other Barks & Bites: Karyn Temple is appointed Register of Copyrights; the International Trade Commission recommends excluding certain iPhone models for infringing Qualcomm patent claims; …
By IPWatchdog
21 days ago 0

Other Barks & Bites for Friday, March 22: Vanda Action at Supreme Court, Apple Has to Pay, and Senators Express Concerns Over Fourth Estate

This week in Other Barks & Bites: the Supreme Court asks for the U.S. Solicitor General’s view on whether patents that claim a method of medically …
By IPWatchdog
28 days ago 0

Why Huawei is Unlikely to Win Its Case Against the United States

In an expected move, Huawei filed a lawsuit against the United States in the U.S. District Court for the District of Texas on March 6. Huawei Technologies …
By Cameron Tousi
1 month ago 2

Rimini Street v. Oracle USA: Kavanaugh Frowns on Broad Interpretation of ‘Full Costs’ Under Copyright Act

On Monday, March 4, Justice Brett Kavanaugh issued the decision for a unanimous Supreme Court in Rimini Street, Inc. v. Oracle USA, Inc., which asked whether the meaning …
By Steve Brachmann
2 months ago 0

Other Barks & Bites for Friday, March 1

This week in Other Barks and Bites: the Senate Judiciary Committee plans to go after drug patents to promote access to generic medications; Apple faces another patent …
By IPWatchdog
2 months ago 0

Other Barks & Bites for Friday, February 8

This week in Other Barks & Bites: the Federal Circuit affirms a Section 101 invalidation of patent claims in favor of Mayo Collaborative Services; Apple wins an order to …
By IPWatchdog
2 months ago 0

No License No Cry: Ninth Circuit Nixes Jammin Java Appeal in Bob Marley Trademark Case

Early last month, the U.S. Court of Appeals for the Ninth Circuit issued a memorandum affirming the district court’s grant of partial summary judgment in …
By Steve Brachmann
3 months ago 2

Other Barks & Bites: IP News to Watch, February 1, 2019

This week in Other Barks & Bites: Huawei is in hot water with both the U.S. and UK governments, while Qualcomm has just completed a new patent …

ReDigi 2.0: The Legal Debates Regarding Digital Resale of Copyright Music Likely to Continue

Just after Capitol Records filed its complaint in this litigation, ReDigi launched a new service, called ReDigi 2.0. With ReDigi 2.0, customers would originally download iTunes music files directly …
By Lee Burgunder
4 months ago 2

Capitol Records v. ReDigi: No Fair Use or Lawful Resale of Music Files Under First Sale Doctrine

The Court of Appeals for the Second Circuit recently issued a decision in Capitol Records, LLC v. ReDigi Inc. affirming a previous finding out of the Southern …
By Steve Brachmann
4 months ago 3

‘Honey Badger Don’t Care’ But the Ninth Circuit Does, Finds Triable Issue of Fact in Gordon v. Drape Creative

Christopher Gordon, under the pseudonym “Randall,” released the Honey Badger movie in 2011 and the 3:20-long video has been viewed more than 89 million times. Gordon filed trademark applications …
By Steve Brachmann
5 months ago 1

Proprietary Techniques vs. Employee Rights: The struggle to balance competing interests

It’s football season, so of course we should be talking about beer. Specifically, beer secrets. For fourteen years James Clark had an enviable job at Anheuser-Busch, …
By James Pooley
5 months ago 1

Use of the Book of Wisdom in Reasonable Royalties

Courts consistently focus on the availability of non-infringing substitutes as of the date of the hypothetical negotiation. In most of the cases reviewed, the determination of available …
By Mark Pedigo
5 months ago 1

International Trademark Lessons from the Bayer-Belmora FLANAX Trademark Fight

A closely watched cross-border trademark case finally has been resolved, and the results of the case have implications for global trademark holders. A  U.S. District Court …
By Jennifer Itzkoff
5 months ago 4

Supreme Court to Determine if Bankruptcy Code Allows Debtor to Terminate Trademark License Rights

The U.S. Supreme Court has agreed to hear Mission Product Holdings Inc. v. Tempnology, LLC on appeal from the Court of Appeals for the First Circuit. …
By Steve Brachmann
5 months ago 2