Federal Circuit Hears Oral Arguments for Myriad Gene Patent Case By Elina Saviharju – Edited by Esther Kang Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (Fed. Cir. Apr. 4, 2011) Oral Argument Recording The Court of Appeals for the Federal Circuit heard oral arguments on April 4, 2011, for Ass’n for Molecular Pathology v. USPTO. The court focused on the issues of jurisdiction and patent-eligible subject matter under 35 U.S.C. §101, although it also briefly addressed the nature of ... Read More...
Archive for the ‘Jurisdiction’ Category
By Emily Hootkins Federal Judge Overturns $625.5 Million Judgment against Apple On Monday, U.S. District Judge Leonard Davis reversed an October 2010 decision requiring Apple to pay over $625.5 million in patent infringement damages, CNET news and PC Magazine report. This reversal is the latest decision in a three-year battle between Mirror Worlds and Apple. Last October, a jury handed found Apple liable for infringing Mirror Worlds’ patents with its Cover Flow, Spotlight, and Time Machine software. Judge Davis reversed this ... Read More...
Federal Court Upholds Subpoenas Compelling ISP to Identify Over 1000 Alleged File-Sharers By Paul Cathcart – Edited by Jad Mills Call of the Wild Movie, LLC v. Does 1-1,062, 2011 U.S. Dist. LEXIS 29153 (D.D.C. March 22, 2011) Memorandum Opinion hosted by Scribd.com In two copyright cases, Judge Beryl A. Howell of the United States District Court for the District of Columbia denied Time Warner Cable’s (“TWC’s”) motions to quash subpoenas compelling the identification of subscribers associated with allegedly infringing ... Read More...
Federal Judge Rules Instant Message Modified Contract By Andrew Crocker – Edited by Jad Mills CX Digital Media, Inc. v. Smoking Everywhere, Inc., No. 09-62020-Civ (S.D. Fla. Mar 23, 2011) Slip opinion hosted by Scribd.com Last month, the United States District Court for the Southern District of Florida ruled in favor of plaintiff CX Digital Media, Inc. in a contract dispute with Smoking Everywhere, Inc. The district court found that an instant message conversation between an employee of CX Digital, ... Read More...
Appropriation artist found to have infringed copyrights after failing to show transformative use By Matthew Becker – Edited by Chinh Vo Cariou v. Prince, No. 08 Civ. 11327 (DAB) (S.D.N.Y. March 18, 2011) Slip Opinion hosted by Scribd In a closely watched copyright case, the United States District Court for the Southern District of New York granted summary judgment for the plaintiff, Patrick Cariou, ruling that the appropriation artist Richard Prince, in conjunction with the Gagosian Gallery, infringed Cariou’s copyrighted ... Read More...
