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Copyright › Appeals › Prior Art

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Loeb & Loeb LLP

Sound and Color, LLC v. Samuel Smith

Loeb & Loeb LLP on

Ninth Circuit reverses summary judgment in favor of pop singer Sam Smith in music copyright dispute, holding in unpublished opinion that hook in plaintiff’s song may be protectable as unique selection and arrangement of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

Fenwick & West LLP

What Does “Prior Art” Mean in Copyright Law?

Fenwick & West LLP on

The traditional understanding in copyright law is that the concept of “prior art” is only applicable to patents and that the term is not relevant in assessing whether a defendant has infringed someone’s copyright. Patent law...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Two Key Takeaways from VidStream LLC v. Twitter

Rothwell, Figg, Ernst & Manbeck, P.C. on

In 2017, Twitter, Inc. (“Twitter”) filed two petitions requesting inter parties review (“IPR”) of U.S. Patent No. 9,083,997 (“the ’997 patent”), with the first petition directed to claims 1-19 and the second petition directed...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2020 #5

Schwabe, Williamson & Wyatt PC on

VidStream LLC v. Twitter, Inc., Appeal No. 2019-1734, -1735 (Fed. Cir. Nov. 25, 2020) - In the Federal Circuit’s only precedential case last week, the Court addressed the extent to which a book published before the...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Schwabe, Williamson & Wyatt PC on

Oracle America, Inc. v. Google LLC, Appeal No. 2017-1118, -1202 (Fed. Cir. 2018) - In an appeal from a jury trial, the Federal Circuit reversed the District Court’s decision denying Oracle’s motion for JMOL and remanded...more

Knobbe Martens

U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

Knobbe Martens on

The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...more

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