The US Court of Appeals for the Ninth Circuit found that a photo- and video-sharing social networking service could not be liable for secondary copyright infringement because embedding a photo does not “display a copy” of the...more
The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit that sought a declaratory judgment on the basis that a notice of termination of copyright assignment under 17 U.S.C. § 203 did not validly...more
The US Copyright Office Review Board (“Board”) rejected a request to register a computer-generated image of a landscape for copyright protection, explaining that a work must be created by a human being to obtain a copyright....more
The US Court of Appeals for the Federal Circuit affirmed the dismissal of a declaratory judgment complaint related to patent validity under the federal abstention doctrine because the issue had been decided in state court....more
The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a trademark dispute for lack of subject matter jurisdiction, noting that the dispute arose under contractual standing, which...more
The US Court of Appeals for the Sixth Circuit vacated the district court’s dismissal of trademark and false advertising claims and grant of summary judgment on a copyright claim. Evoqua Water Technologies, LLC v. M.W....more
12/6/2019
/ Appeals ,
Contract Interpretation ,
Copyright ,
Copyright Infringement ,
Copyright Ownership ,
Dismissals ,
False Advertising ,
Intellectual Property Protection ,
Know-How Directive ,
Proprietary Information ,
Summary Judgment ,
Trademark Infringement ,
Trademarks ,
Vacated
Addressing the issue of the functional requirements of design patents, the US Court of Appeals for the Federal Circuit refused to invalidate design patents on truck parts on the basis of aesthetic functionality. Automotive...more
9/12/2019
/ Appeals ,
Auto Parts ,
Automotive Industry ,
Design Patent ,
Dismissals ,
Ford Motor ,
Functionality ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Summary Judgment
Addressing the issue of standing in a patent infringement case, combined with the requirements of joinder under Fed. R. Civ. P. 19, the US Court of Appeals for the Federal Circuit vacated a dismissal based on lack of standing...more
7/3/2019
/ Appeals ,
Dismissals ,
FRCP 19 ,
Intellectual Property Protection ,
Joinder ,
License Agreements ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand ,
Standing ,
Vacated
Addressing challenges to the Federal Communication Commission’s (FCC’s) 2015 Open Internet Order, the US Court of Appeals for the District of Columbia Circuit concluded that the FCC acted with proper authority when it...more
8/5/2016
/ Administrative Authority ,
Broadband ,
Communications Act of 1934 ,
Constitutional Challenges ,
Dismissals ,
FCC ,
Free Speech ,
Internet ,
Internet Service Providers (ISPs) ,
Open Internet Rules ,
Telecommunications ,
Title II