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Archive for the ‘Jurisdiction’ Category

By June Nam – Edited by Ding Ding

The heirs of William Abbott and Lou Costello filed suit against the creators of a Broadway play, Hand to God for using—verbatim—a portion of the iconic comedy routine, Who’s on First?. The Second Circuit affirmed the judgment but rejected the reasoning of the district court, which dismissed allegations of copyright infringement. The Circuit Judge, Reena Raggi, held that the use of the routine in the play was not a fair use under the Copyright Act of 1976. However, the heirs did not have a valid copyright to allege any copyright infringement.


Posted On Oct - 23 - 2016 Add Comments READ FULL POST

Sixth Circuit Finds Privacy Interest in Mugshots under FOIA

By Filippo Raso – Edited by Ariane Moss

A split en banc Sixth Circuit reversed the lower courts’ ruling, holding individuals have a privacy interest in their booking photos for the purposes of Exemption 7(C) of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. In so doing, the Court overruled Circuit precedent established two decades ago. The case was remanded with instructions to balance the public interests against the individual’s privacy interest.


Posted On Aug - 4 - 2016 Add Comments READ FULL POST

Second Circuit Prohibits Extraterritorial Application of Stored Communication Act’s Warrant Provision

The Second Circuit reversed a U.S. Magistrate Judge’s warrant ordering Microsoft to produce customer content stored in Ireland. The Second Circuit held that the warrant provisions in § 2703 of the Stored Communications Act, 18 USC §§2701-2712 (1986) (“SCA”), cannot be used to compel a service provider to disclose user e-mail content stored exclusively on a foreign server.


Posted On Jul - 25 - 2016 Add Comments READ FULL POST

U.S. District Court Denied TC Heartland’s Writ of Mandamus to Transfer Patent Infringement Suit


In April 2016, the Federal Circuit denied TC Heartland LLC’s writ of mandamus. Hartland requested the court order the U.S. District Court for the District of Delaware to dismiss or transfer the patent infringement suit initiated by Kraft Foods Group Brands LLC. In rejecting Hartland’s request, the court explained that a writ of mandamus is an “extraordinary remedy appropriate only in exceptional circumstances” and Hartland did not meet this bar.


Posted On Jul - 25 - 2016 Add Comments READ FULL POST

Federal Circuit Flash Digest


By Frederick Ding — Edited by Jaehwan Park


Patent Assertion Entity Not a “Patentee” By Itself


Induced Infringement Verdict Not Defeated by Defendant’s Unreasonable Belief in Noninfringement


Continuations Can Be Filed on Same Day as Earlier Application’s Issuance


Posted On Jul - 15 - 2016 Add Comments READ FULL POST
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Federal Circuit Cour

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Flash Digest: News i

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Second Circuit Holds

June Nam - Edited by Ding Ding TCA Television Corp. v. ...

Fed. Cir. Flash Digest

Flash Digest: News i

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Federal Circuit Flas

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