Ninth Circuit Denies Rehearing En Banc in Quon v. Arch Wireless Text Message Privacy Case By Debbie Rosenbaum — Edited by Christina Hayes Quon v. Arch Wireless Operating Co. Ninth Circuit, No. 07-55282 Order denying rehearing en banc Opinion concurring in denial of rehearing en banc Opinion dissenting from denial of rehearing en banc On January 27, 2009, the Ninth Circuit denied rehearing en banc in Quon v. Arch Wireless, a case decided by a Ninth Circuit panel in June ... Read More...
RDR Books Withdraws Appeal in Harry Potter Lexicon Case RDR Books withdrew its appeal to the Second Circuit on Thursday, December 4th. The trial court, in an opinion by Judge Patterson, had permanently enjoined its publication of a Harry Potter Lexicon book, along with awarding statutory damages to plaintiffs Warner Brothers and J.K. Rowling. Anthony Falzone, of the Stanford Fair Use Project and counsel for the defendant, released a blog post entitled “Lexicon Resurrected,” noting that RDR plans to publish ... Read More...
President Bush Signs PRO-IP Act S. 3325 On Monday, October 14, President Bush signed into law the Prioritizing Resources and Organization for Intellectual Property Act, also known as the PRO-IP Act, S. 3325. The PRO-IP Act steepens penalties for IP infringement and increases resources to the DOJ to coordinate state and federal efforts against counterfeiting and piracy. Although opposed by the DOJ, the Act also provides for a “U.S. Intellectual Property Enforcement Coordinator” position within the Executive Office of the ... Read More...
Federal Circuit Affirms Award of Attorney Fees for Inequitable Conduct and Litigation Misconduct By Christina Hayes — Edited by Stephanie Weiner Nilssen v. Osram Sylvania, Inc. Federal Circuit, June 17, 2008, No. 2007-1198 Slip Opinion The Federal Circuit affirmed the judgment of the U.S. District Court for the Northern District of Illinois granting a motion for attorney fees to Osram Sylvania, Inc. and Osram Sylvania Products, Inc. (collectively, “Osram”) due to the inequitable conduct and litigation misconduct of the appellants ... Read More...
