District Court Denies Preliminary Injunction Against File Sharing Service By Leocadie Welling – Edited by Ryan Ward Perfect 10, Inc. v. Rapidshare, No. 09-CV-2596 (S.D. Cal. May 18, 2010) Opinion On May 18, the District Court for the Southern District of California denied plaintiff Perfect 10’s motion for a preliminary injunction against RapidShare, a file sharing service. The court held that Perfect 10 failed to show a likelihood of success on the merits of their direct and contributory copyright infringement ... Read More...
Archive for the ‘Jurisdiction’ Category
Another Win for the Record Companies in an Inducement Claim Against Lime Wire By Sharona Hakimi – Edited By Ryan Ward Arista Records LLC v. Lime Group LLC, No. 06 CV 5936 (KMW) (S.D.N.Y. May 11, 2010) Slip Opinion On May 11, 2010, the Southern District Court of New York granted summary judgment against Lime Wire for inducing copyright infringement of Arista Records’ music, but denied summary judgment for either side on Arista’s contributory infringement claim. The court held that ... Read More...
By Emily Hoort Federal Circuit to Re-Consider TIVO Patent-Infringement Case Bloomberg BusinessWeek reports that the U.S. Court of Appeals for the Federal Circuit will be taking a second look at a previous panel decision holding that Dish and EchoStar were violating TiVo’s digital-video recording patent. The court will consider whether it was error not to give Dish a chance to prove that changes made to Dish software remedied the prior infringement upon TiVo’s patent on “time warp” technology, which allows ... Read More...
By Caity Ross Edited by Abby Lauer Editorial Policy In 2004, Fiona Murray and Kyle Jensen published a prominent article in the journal Science. They reported that the USPTO had issued 4,270 human gene patents for 4,382 distinct human genes. Approximately one-fifth of known human genes were claimed in a U.S. patent.[1] Beyond human genes, there are approximately 20,000 patents covering a wide range of naturally occurring DNA sequences.[2] Gene patents include “[n]ine patents [that] have been applied for on the genes which determine your eyeball, 40 on ... Read More...
Court Orders District Court to Reconsider Preliminary Injunction on “Catcher in the Rye” Sequel By Katy Yang – Edited by Kassity Liu Salinger v. Colting, No. 09-2878-cv (2d Cir. April 30, 2010) Slip Opinion The United States Court of Appeals for the Second Circuit vacated and remanded the judgment of the United States District Court for the Southern District of New York, which had granted Salinger’s motion for a preliminary injunction for copyright infringement and unfair competition. The Second Circuit ... Read More...
