Federal Circuit affirms collaboration is insufficient basis for joint infringement; partial disclosure can form basis for inequitable conduct By Leocadie Welling – Edited by Anthony Kammer Golden Hour Data System, Inc. v. emsCharts, Inc., No. 2009-1306, 1396 (Fed. Cir. Aug. 9, 2010) Slip Opinion On August 9, 2010, the Federal Circuit affirmed the decision of the United States District Court for the Eastern District of Texas, holding that emsCharts and Softtech had not jointly infringed Golden Hour’s patent for managing ... Read More...

Ninth Circuit Affirms Injunction Against Online Check-Issuer Qchex By Leocadie Welling – Edited by Chinh Vo Federal Trade Commission v. Neovi, Inc., No. 09-55093 (9th Cir. May 14, 2010) Slip Opinion On May 14, 2010, the Ninth Circuit affirmed a grant of summary judgment in favor of the Federal Trade Commission (FTC) and an injunction granted by the Southern District of California against appellant Neovi, Inc (“Neovi”). The FTC had brought claims alleging that Neovi, through its online Qchex service, ... Read More...

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...

S.D.N.Y. Determines Family Guy Parody Is Protected by Fair Use By Leocadie Welling – Edited by Joshua Gruenspecht Bourne Co. v. Twentieth Century Fox Film Corporation S.D.N.Y, March 16, 2009, 07 Civ. 8580 Opinion (hosted by Exclusive Rights) On March 16, 2009, Judge Batts of the Southern District of New York granted summary judgment for the defendants in a copyright infringement suit against the creators, producers and broadcasters of the television series Family Guy. Plaintiff Bourne Co. is the sole ... Read More...

District Court Judge Rules Evidence of Suicide Admissible in Lori Drew MySpace Case By Leocadie Welling – Edited by Nicola Carah United States v. Drew, 08-CR-582   On November 14, 2008, Judge George Wu of the District Court for the Central District of California indicated at hearing that he would admit evidence of 13-year-old Megan Meier’s suicide at the upcoming trial of Lori Drew.  Judge Wu further indicated that although he was admitting the evidence, he would issue a jury ... Read More...