TiVo Wins Five Year Battle Over Patent Infringement with EchoStar By Katy Yang – Edited by Kassity Liu TiVo Inc. v. EchoStar Corp., No. 2009-1374 (E.D. Tex., March 4, 2010) Slip Opinion The United States Court of Appeals for the Federal Circuit affirmed a decision by the United States District Court for the Eastern District of Texas, which had found EchoStar in contempt of a permanent injunction order that was issued by the court in an earlier judgment in which ... Read More...
Archive for March, 2010
Supreme Court Holds That Federal Courts Have Jurisdiction over Unregistered Copyright Claims By Debbie Rosenbaum – Edited by Gary Pong Reed Elsevier v. Muchnick, No. 08–103 (U.S. Mar. 2, 2010) Slip Opinion In a unanimous 8-0 decision, the United States Supreme Court overturned a Second Circuit Court of Appeals decision which held that the district court lacked jurisdiction to certify either the class or the settlement in a case involving holders of unregistered copyrights. The Court of Appeals for the ... Read More...
By Tyler Lacey RealNetworks Won’t Appeal Decision Declaring Its DVD Copying Software in Violation of DMCA On March 4, Wired reported that RealNetworks plans to cease litigation of a lawsuit filed by the Motion Picture Association of America (“MPAA”) alleging that its DVD copying software, RealDVD, violates the Digital Millennium Copyright Act (“DMCA”). RealNetworks had initially planned to appeal a California district court’s decision that the software illegally circumvented the DVD encryption technology, Content Scramble System. However, after two years ... Read More...
Court Excludes Litigation Fees from Calculation of Damages under DMCA § 512(f). By Debbie Rosenbaum – Edited by Gary Pong Lenz v. Universal Music Corp., Case No. 5:07-cv-03783-JF (N.D. Cal., Feb. 25, 2010) Slip Opinion (Hosted by the Citizen Media Law Project) On February 25, 2010, Judge Fogel for the Northern District of California held that a plaintiff suing over a wrongful Digital Millennium Copyright Act (“DMCA”) takedown notice can only recover for damages that were proximately caused by said ... Read More...
For in rem Jurisdiction, Ninth Circuit Holds That Domain Names Are Located Where the Registry is Located By Elizabeth Akerman – Edited by Gary Pong Office Depot, Inc. v. Zuccarini, Case No. 07-16788 (9th Cir., Feb. 26, 2010) Slip Opinion The U.S. Court of Appeals for the Ninth Circuit affirmed the decision by the District Court for the Northern District of California to grant DS Holdings’ motion to appoint a receiver to auction off Zuccarini’s domain names and use the ... Read More...
