Posts Tagged: "U.S. Court of Appeals for the Eighth Circuit"

Eighth Circuit Overturns Injunction for Harassment Allegedly Inspired by Patent Troll Rhetoric

On March 4, the U.S. Court of Appeals for the Eighth Circuit issued a ruling in Tumey v. Mycroft AI, Inc. in which the appellate court overturned the Western District of Missouri’s grant of injunctive relief to Tumey, a patent attorney representing a plaintiff asserting patent claims against Mycroft. The Eighth Circuit found that Tumey had not met the requisite standard of proof to show that Mycroft had engaged in cyber attacks and harassing phone calls targeting Tumey and his family to support injunctive relief. The appellate court also remanded the case with instructions to reassign the case to a different district court judge.

Steve Brachmann

March 10, 2022

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 companies relating to copyright infringement claims brought by an architect over floorplans. While the appeals court said that another defense might well be available to the companies, the text of the statute, the broader statutory context, and the legislative history all suggest that “floorplans” were not intended to be encompassed by Section 120(a) of the U.S. Copyright Act.

Eileen McDermott

August 17, 2021

Eighth Circuit Affirms Holding That Disclosure of Source Code Was Authorized Under the Parties’ Agreement

On August 14, the United States Court of Appeals for the Eighth Circuit affirmed in part and vacated in part a district court decision in MPAY Inc. v. Erie Custom Computer Applications, Inc, et. al. In particular, the Circuit Court affirmed the district court’s conclusion that MPAY had not shown a likelihood of success on the merits of its copyright infringement or trade secret misappropriation claims. The Circuit court also affirmed the district court’s decision to deny preliminary injunctive relief for MPAY’s source-code claim, but vacated in part the district court’s Order and Judgment denying that relief and remanded for the district court to consider whether a preliminary injunction against Erie Custom Computer Applications and Payroll World is appropriate.

Rebecca Tapscott

August 20, 2020