Congress passed the Consumer Review Fairness Act, Pub. Law 114-258, which prohibits and makes invalid, as a matter of public policy, contracts which prohibit or restrict the ability of a party to review, assess performance, or provide a similar analysis of goods, services, or … [Read more...]
Yoga Sequence Not Copyright Protectable
In Bikram’s Yoga College of India, L.P. v. Evolation Yoga, LLC, NO. 13-55763 (9th Cir. 2015), the United States Court of Appeals for the Ninth Circuit held that the Bikram Yoga Sequence is not a proper subject of copyright protection. The Court premised its decision on the fact … [Read more...]
Liability For Inducing Patent Infringement Arises Only With Proof Of Direct Infringement
The U.S. Supreme Court held in Limelight Networks Inc. v. Akamai Technologies Inc., Case No. 12-786 (June 2, 2014) (available here) that a defendant can only be held liable for inducing infringement of a patent under 35 U. S. C. §271(b) when another is found to have directly … [Read more...]
Supreme Court Lowers Bar For Prevailing Party In Patent Litigation To Collect Attorneys Fees
The U.S. Supreme Court, in Octane Fitness LLC. v. Icon Health & Fitness Inc., case no. 12-1184 (Apr. 29, 2014) (available here), overturned a decade of Federal Circuit law by redefining when a case is exceptional under the Patent Act. A prevailing party in patent litigation … [Read more...]
Copyrightability and Fair Use of the Google Android Operating System – Oracle v Google
In a lengthy decision covering historical computer copyright case law, the Court of Appeals for the Federal Circuit ruled on the copyright dispute over the Android smart phone operating system in Oracle America Inc. v. Google Inc., Fed. Cir. Case No. 2013-1021 (May 9, 2014) … [Read more...]
Copyright Plaintiffs Recovery Limited To Three Years – U.S. Supreme Court
The U.S. Supreme Court has capped all copyright infringement damages by limiting those damages to a three year period prior to the filing of suit. Petrella v. Metro-Goldwyn-Mayer, Inc., case no. 12-1315 (May 19, 2014) (available here). Moreover, the doctrine of estoppel may bar … [Read more...]
Looseleaf Booklet With Sheets of Photographs Showing Sculpture is Sufficient to Register Copyright
The Seventh Circuit Court of Appeals concluded that loose photographs of a sculpture, stuck in a book, were sufficient to be classified as a copyrightable “collection.” Neri v. Monroe, et al., Case No. 12-3204 (7th Cir. August 12, 2013) (available here). Plaintiff Quincy Neri … [Read more...]
User Comments On A Public Interest Website Do Not Violate Website’s User Agreement
The Appeals Court for the Fourth District Court of Appeals in California affirmed the special motion to strike a plaintiff’s complaint for being barred under the anti-SLAAP statute. Hupp v. Freedom Communications, Inc., Case No. #-57390 (Cal. 4th DCA, November 7, 2013) … [Read more...]
Trademark Infringement, Likelihood Of Confusion and Concurrent Use Not Properly Summary Judgment For 100 Year Hotel Name
The First Circuit Court of Appeals vacated a summary judgment order, finding that there were genuine issues of material fact regarding the likelihood of confusion for two hotels using similar marks. Dorpan S.L. v. Hotel Meliá, Inc., Case No. 12-1679 (1st Cir. August 28, 2013) … [Read more...]
Articles Copied Without Authorization In Patent Applications Is Copyright Fair Use
A Magistrate Judge for the District Court of Minnesota recommended that the District Court grant a defendant’s motion for summary judgment, finding that the defendant was entitled to fair use protection under the Copyright Act for using portions of scientific articles in patent … [Read more...]
