Federal Circuit Clarifies Recovery for Lost Profits, Non-Exclusive Licensees: Parent Company Denied Recovery for Lost Profits of Subsidiary By Jeff Gritton — Edited by Joshua Gruenspecht Mars, Inc. v. Coin Acceptors, Inc. Federal Circuit, June 2, 2008, No. 2007-1409 Slip Opinion The Federal Circuit affirmed in part and vacated in part the District Court of New Jersey and remanded for recalculation of damages in a patent infringement suit. The court affirmed the district court’s holding precluding Mars Inc. (“Mars”) from ... Read More...
Archive for June, 2008
District Court Denies Yoko Ono Lennon’s Motion for Injunctive Relief By Nicola Carah — Edited by Evie Breithaupt Lennon v. Premise Media Corp. S.D.N.Y., June 2, 2008, No. 08cv03813 Slip Opinion The District Court for the Southern District of New York denied Yoko Ono Lennon’s motion for preliminary injunctive relief in a case involving Premise Media Corp.’s use of a fifteen-second clip of the song “Imagine” in Expelled, its controversial documentary about intelligent design. The court found that the plaintiffs ... Read More...
Supreme Court Leaves in Place Eighth Circuit Test Favoring First Amendment Protection for Fantasy Sports By Dmitriy Tishyevich — Edited by Evie Breithaupt Major League Baseball Advanced Media v. C.B.C. Distribution and Marketing 8th Circuit, Oct 16, 2007, cert. denied June 2, 2008 Eighth Circuit Opinion, Supreme Court Order On June 2, the Supreme Court denied petition for a writ of certiorari from Major League Baseball Advanced Media (“MLB”). MLB had sought to appeal the Eighth Circuit’s decision, which held ... Read More...
Second Circuit Holds First Amendment Claim Against School Regulation of Off-Campus Speech Unlikely to Succeed on the Merits By Jay Gill — Edited by Nicola Carah Doninger v. Niehoff Second Circuit, May 29, 2008, No. 07-3885 Slip Opinion The Second Circuit unanimously affirmed the Connecticut District Court’s decision to deny a motion for preliminary injunction in a case involving a high school’s alleged violation a student’s First Amendment rights. Ms. Doninger filed suit after the high school prohibited her daughter ... Read More...
