Great stories about patents and other IP
It’s Tricky! Statutory Damage Awards and the Copyright Act
Sep05

It’s Tricky! Statutory Damage Awards and the Copyright Act

Photographers will welcome a ruling by the Ninth Circuit, which found that companies can’t ignore their copyright and focus only on receiving permission from the people depicted in a picture. The case focused on images taken by Glen Friedman of the hip-hop trio Run DMC; some of the pictures had been used by Live Nation Merchandise, a division of the concert organizer Live Nation. The company had sought Run DMC’s permission to use the...

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Stairway to Hefty Costs: Led Zeppelin to Carry Cost of Successful Defense
Aug26

Stairway to Hefty Costs: Led Zeppelin to Carry Cost of Successful Defense

Successfully defending a copyright infringement suit can come at a hefty cost, as the members of the rock band Led Zeppelin recently discovered. A California District Court has refused to award attorney’s fees and associated costs, even though they won the infringement dispute Skidmore v. Led Zeppelin over the rights to the band’s famous song “Stairway to Heaven.” The court found that the lawsuit brought was neither frivolous nor...

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Alice strikes again: Amazon gets Appistry’s Patents Ruled Invalid
Aug22

Alice strikes again: Amazon gets Appistry’s Patents Ruled Invalid

The crackdown in US courts on software and process patents that try to secure intellectual property rights on very common ideas and concepts continues. The Western District Court of Washington recently agreed with Amazon.com’s demand that an IP infringement case brought against the retailer should be dismissed, because the patents underpinning the claim are invalid according. The Court found that the patents asserted by the plaintiff,...

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IP Summaries Of Recent Precedential And Informative Appellate Opinions – January 2016
Feb04

IP Summaries Of Recent Precedential And Informative Appellate Opinions – January 2016

WilmerHale compiles lists of precedential and informative opinions that raise copyright and trademark law issues. The following is a consolidated list of those opinions with brief summaries designed to showcase the latest developments in intellectual property law. Certiorari Granted Supap Kirtsaeng v. John Wiley & Sons, Inc. , No. 15-375 (Jan. 15, 2016) The US Supreme Court granted certiorari without comment. The question...

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Intellectual Property: Fall 2015 case law review
Nov30

Intellectual Property: Fall 2015 case law review

I. B&B Hardware, Inc. v. Hargis Industries, Inc., 135 S. Ct. 1293 (2015) In B&B Hardware, Inc. v. Hargis Industries, Inc., the Supreme Court held that the standard used to determine whether a likelihood of confusion exists for purposes off trademark registration in disputes before the Trademark Trial and Appeal Board (TTAB) is the same standard used for purposes of infringement in district court litigation. According,...

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Activision patents social networking for AI characters, online harassment prevention
Nov22

Activision patents social networking for AI characters, online harassment prevention

Activision Blizzard, Inc. (NASDAQ:ATVI) of Santa Monica, CA, is an American publisher of video games which has made some big business moves in recent weeks. First, Activision made a huge splash in mobile app gaming, which is increasingly becoming a bigger sector within the entire video game industry , for its $5.9 billion acquisition of Ireland-based King Digital Entertainment ( NYSE:KING), the creator of wildly successful gaming apps...

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USA IP: Pleading Patent Infringement Without Form 18
Nov06

USA IP: Pleading Patent Infringement Without Form 18

On December 1, 2015, changes recommended by the Judicial Conference Advisory Committee on the Federal Rules of Civil Procedure and adopted by the Supreme Court will take effect.[1] Among these changes is elimination of the Appendix of Forms and related Rule 84, which states that the forms “suffice under these rules.” [2] Eliminating the Appendix of Forms will abrogate Form 18. This rule change will affect patent litigators by leading...

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