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Archive for the ‘District Courts’ Category

By Andrew Crocker Supreme Court to Hear “Major Test of Copyright Power” SCOTUSblog reports that the Supreme Court has granted certiorari in Golan v. Holder to consider a challenge to the federal law that restored U.S. copyrights to certain foreign works that had previously been in the public domain. The petitioners are “orchestra conductors, educators, performers, film archivists, and motion picture distributors” who claim to have relied upon the formerly public domain works. The petitioners have twice appealed to, and ... Read More...
Posted On Mar - 13 - 2011 Comments Off READ FULL POST
District Court Holds Unconstiutional Qui Tam Provisions of False Marking Statute By Nathan Lovejoy – Edited by Chinh Vo Unique Prod. Solutions, Ltd. v. Hy-Grade Valve, Inc., No. 5:10-CV-1912 (N.D. Ohio Feb. 23, 2011) Slip opinion hosted by Inventive Step The U.S. District Court for the Northern District of Ohio granted defendant Hy-Grade’s motion to dismiss on the grounds that the qui tam provision of the Patent Act’s False Marking statute, 35 U.S.C. § 292, is unconstitutional. The district court held ... Read More...
Posted On Mar - 6 - 2011 Comments Off READ FULL POST
Plaintiff’s Lanham Act false association claims against Google AdWords program survive motion to dismiss By Abby Lauer – Edited by Matt Gelfand Jurin v. Google, No. 2:09-cv-03065-MCE-KJM (E.D. Cal. Feb. 14, 2011) Slip Opinion hosted by Scribd.com The U.S. District Court for the Eastern District of California denied in part and granted in part Google’s motion to dismiss in a case involving trademark infringement and breach of contract claims against the search engine. While granting Google’s motion to dismiss plaintiff’s ... Read More...
Posted On Feb - 28 - 2011 Comments Off READ FULL POST
Following Bilski, court upholds validity of patents that meet a “meaningful limits” test By Irina Oberman – Edited by Avis Bohlen H&R Block Tax Services, Inc. v. Jackson Hewitt Tax Service, Inc., No. 608cv37 (E.D. Tex. Feb. 2, 2011) Slip Opinion hosted by 271 Patent Blog Magistrate Judge Love, sitting in the United States District Court for the Eastern District of Texas, reconsidered a previous Report and Recommendation in this case, which recommended invalidating two of the plaintiff’s three asserted ... Read More...
Posted On Feb - 20 - 2011 Comments Off READ FULL POST
Federal District Court Denies Motion to Dismiss Contributory Cybersquatting and Contributory Dilution Claims By Elina Saviharju – Edited by Jonathan Allred Microsoft Corp. v. Shah, et al., No. C10-0653 (W.D. Wash. Jan. 12, 2011) Slip opinion hosted by WSJ.com The U.S. District Court for the Western District of Washington denied defendants’ motion to dismiss plaintiff Microsoft’s claims for contributory cybersquatting and contributory dilution as unrecognized by law. Cybersquatting is the practice of registering a domain name similar to a well-known ... Read More...
Posted On Feb - 14 - 2011 1 Comment READ FULL POST
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