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Archive for the ‘Jurisdiction’ Category

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
Federal Circuit Requires Pleading with Particularity in False Marking Lawsuit By Raquel Acosta – Edited by Jonathan Allred In re BP Lubricants USA Inc., No. 960 (Fed. Cir. March 15, 2011) Slip Opinion The U.S. Court of Appeals for the Federal Circuit granted in part the petition for a writ of mandamus filed by BP Lubricants USA Inc. (“BP”), reversing in part the District Court for the Northern District of Illinois, which had denied BP’s motion to dismiss on the ... Read More...
Posted On Mar - 23 - 2011 Comments Off READ FULL POST
Ninth Circuit Vacates Injunction in Keyword Advertising Case By Kaethin Prizer – Edited by Kassity Liu Network Automation, Inc. v. Advanced Systems Concepts, Inc., No. 10-55840 (9th Cir. Mar. 8, 2011) Slip Opinion The Ninth Circuit vacated the preliminary injunction granted by the district court to Advance Systems Concepts (“Systems”) in a trademark infringement case involving the use of keyword advertising. The court found that the lower court erred in its analysis of whether Network Automation’s keyword advertising, which targeted ... Read More...
Posted On Mar - 15 - 2011 1 Comment READ FULL POST
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
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Federal Circuit Flas

By Steven Wilfong Multimedia car system patents ruled as unenforceable based ...

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Flash Digest: News i

By Viviana Ruiz Converse attempts to protect iconic Chuck Taylor All ...

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Silk Road Founder Lo

By Travis West — Edited by Mengyi Wang Order, United States ...

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Trademark Infringeme

By Yunnan Jiang – Edited by Paulius Jurcys Brief for the ...

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Twitter goes to cour

By Jens Frankenreiter – Edited by Michael Shammas Twitter, Inc. vs. ...