Eighth Circuit Holds that Use of Public Domain Material Infringes Film Copyright By Michael Hoven – Edited by Esther Kang Warner Bros. Entm’t v. X One X Productions, No. 10-1743 (8th Cir. July 5, 2011) Slip Opinion The Eighth Circuit unanimously affirmed in part and reversed in part a decision by the Eastern District of Missouri, which had granted summary judgment to Warner Bros. on its copyright infringement claim and issued a permanent injunction prohibiting defendants (collectively “AVELA”) from licensing ... Read More...
Archive for the ‘Jurisdiction’ Category
Third Circuit holds that vulgar MySpace profile created off school grounds did not cause “substantial disruption” at the school to justify student’s ten-day suspension By Michael Adelman – Edited by Abby Lauer J.S. v. Blue Mountain School District, No. 08-4138 (3d Cir. June 13, 2011) Slip Opinion The Third Circuit, sitting en banc, reversed and remanded the Middle District of Pennsylvania’s ruling that suspension was an appropriate punishment for a student who created a fake MySpace account that made fun ... Read More...
by Marina Shvarts Cameras Coming to Federal District Courts The Wall Street Journal Law Blog reports that on July 18, 14 federal district courts around the country will launch a pilot program utilizing cameras in court. The project, however, is taking small steps, subject to several restrictions. Cameras will only be allowed in civil proceedings with the consent of both parties. There will be no live broadcasts, and the trial judge will have non-reviewable discretion over which cases will be ... Read More...
Federal Circuit Heightens Standard for Inequitable Conduct By Marina Shvarts – Edited by Dorothy Du Therasense, Inc. v. Becton, Dickinson and Co., 2008-1511, -1512, -1513, -1514, -1595 (Fed. Cir. May 25, 2011) (en banc) Slip Opinion The Court of Appeals for the Federal Circuit vacated and remanded the decision of the United States District Court for the Northern District of California, which found U.S. Patent No. 5,820,551 (“the ’551 patent”) unenforceable due to inequitable conduct. The Federal Circuit heightened the ... Read More...
Federal Circuit Provides Guidance for Obviousness Determinations by the PTO and the Board of Patent Appeals and Interferences By Abby Lauer – Edited by Dorothy Du In re Kao, 2010-1307 (Fed. Cir. May 13, 2011) Slip Opinion The Federal Circuit vacated and remanded a decision of the Board of Patent Appeals and Interferences (“Board”), which had rejected patent application 11/680,432 (“the ‘432 application”) for obviousness. The Federal Circuit also affirmed findings of obviousness by the Board regarding patent applications 12/167,859 ... Read More...
