In Maloney v. T3Media, Inc. d/b/a Paya.com, No. 15-55630 (9th Cir. April 5, 2017) (Available Here), the Court of Appeals for the Ninth Circuit held that plaintiff’s state law claims were preempted by section 301 of the federal Copyright Act because plaintiffs sought to hold … [Read more...] about Right of Publicity Preempted by Copyright Law
Computer Program is Patent Eligible Subject Matter With Sequences, Timings and Weighted Sets
The Court of Appeals for the Federal Circuit has approved, for only the third time since the Alice Corp decision in June 2014, a computer program as being patent eligible subject matter under 35 U.S.C. § 101 because the invention was an ordered combination of claimed steps for … [Read more...] about Computer Program is Patent Eligible Subject Matter With Sequences, Timings and Weighted Sets
Trademark Claims Preempted by Copyright Act
A federal district court dismissed plaintiff’s trademark infringement claims over an ad campaign using the phrase “Nobody Puts Baby in a Corner” because the Copyright Act preempted all aspects of the trademark claim. In Lions Gate Entertainment, Inc. v. TD Ameritrade Services … [Read more...] about Trademark Claims Preempted by Copyright Act
NFL Players Right-of-Publicity Claims in NFL Films Preempted by Copyright Act
In Dryer, Bethea and White v. The National Football League, 14-3428 (8th Cir. February 26, 2016) (Available here), the Eighth Circuit affirmed the district court’s grant of summary judgment to the National Football League (“NFL”) on the appellant’s right-of-publicity and Lanham … [Read more...] about NFL Players Right-of-Publicity Claims in NFL Films Preempted by Copyright Act
Software Source Code Access Not Enough For CFAA And Copyright Act Preempts Common Law Unfair Competition
The Northern District of California dismissed two claims stemming from alleged unauthorized use and reproduction of a copyrighted computer software. Metabyte, Inc. v. NVIDIA Corp., et al., Case No. 12-0044 (N.D. Cal. April 22, 2013) (available here). Metabyte sued NVIDIA and … [Read more...] about Software Source Code Access Not Enough For CFAA And Copyright Act Preempts Common Law Unfair Competition
Computer Trading Platform with Trusted Third Party is Valid Patentable Subject
The Federal Circuit Court of Appeals has held that Alice’s patents that cover a computerized trading platform for exchanging obligations wherein a trusted third party settles obligations between a first and second party so as to eliminate "settlement risk," define patentable … [Read more...] about Computer Trading Platform with Trusted Third Party is Valid Patentable Subject
