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Archive for the ‘Jurisdiction’ Category

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...
Posted On Apr - 6 - 2011 Comments Off READ FULL POST
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...
Posted On Apr - 3 - 2011 1 Comment READ FULL POST
Federal Judge Rejects $125m Google Books Settlement By Philip Yen – Edited by Chinh Vo The Authors Guild, et al. v. Google Inc., No. 05 Civ. 8136 (S.D.N.Y. Mar. 22, 2011) Opinion hosted by The Authors Guild Circuit Judge Denny Chin, sitting for the United States District Court for the Southern District of New York, rejected the $125 million Google Books class action settlement agreement between the Internet giant and groups representing authors and publishers. The court said that the ... Read More...
Posted On Apr - 2 - 2011 Comments Off READ FULL POST
Federal Circuit Rules Federal Law Trumps State Law in Interpretation of Patent Ownership Rights By Flora Amwayi – Edited by Jonathan Allred Abraxis Bioscience, Inc. v. Navinta LLC, 2009-1539, 2011 WL 873298 (Fed. Cir. Mar. 14, 2011) Slip Opinion The Federal Circuit denied a petition for an en banc rehearing of a Federal Circuit panel order dismissing Abraxis’ patent infringement case against Navinta. The court dismissed the case on the grounds that Abraxis did not have standing to sue for ... Read More...
Posted On Mar - 28 - 2011 Comments Off READ FULL POST
By Nathan Lovejoy Lime Wire Damages Limited To One Statutory Damage Award Per Work Judge Kimba Wood ruled on March 10th that the statutory damages provision of the Copyright Act authorizes only one damage award per work infringed rather than one award for every infringement. Wood noted that had she adopted the record industry plaintiff’s interpretation the potential damages against the file-sharing software company would be “more money than the entire recording industry has made since Edison’s invention of the ... Read More...
Posted On Mar - 26 - 2011 Comments Off READ FULL POST
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