Intellectual Property Protection, Declaratory Judgments, Appeals

Carroll Shelby Licensing, Inc. v. Halicki

Loeb & Loeb LLP on 6/9/2025

Ninth Circuit holds that custom Ford Mustang called “Eleanor,” which appeared in four films from 1974 to 2000, is not entitled to character copyright protection under Towle test and that licensor of custom car design did not...more

Amazon’s Patent Evaluation Express (APEX) Program Has Declaratory Judgment Action Risks for Patent Owners

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/8/2024

Amazon’s Patent Evaluation Express (APEX) program provides an expedited and low-cost tool for patent owners to stop the sale of infringing products on Amazon’s platform. But low cost does not mean low risk. The U.S. Court of...more

Notice Letters and Communications May Form a Basis for Personal Jurisdiction

Knobbe Martens on 4/19/2022

APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL - Before Hughes, Mayer and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related...more

Enforcing a Patent Known to be Invalid Can Trigger Attorneys’ Fees

Knobbe Martens on 10/18/2021

ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC - Before Moore, Prost, and Stoll. Appeal from the U.S. District Court for the District of North Dakota. Summary: Enforcing a patent with knowledge that it is invalid can...more

Italian Film Composer “Scores” for Authors

Sheppard Mullin Richter & Hampton LLP on 8/30/2019

The Second Circuit issued a remarkable decision on termination rights under Sections 203 and 304(c) of the Copyright Act that seemingly, whether knowingly or otherwise, limits the Act’s extraterritorial reach. Ennio Morricone...more

Ninth Circuit Refuses to Vacate Lower Court’s Ruling After Settlement During Appeal

Snell & Wilmer on 2/19/2019

On Tuesday, the Ninth Circuit declined to vacate a district court’s ruling at the request of the parties after they reached a settlement of their trademark dispute. In Reserve Media, Inc. v. Efficient Frontiers, Inc.,...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Orrick, Herrington & Sutcliffe LLP on 11/25/2016

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more

ITC Section 337 Update – March 2016

King & Spalding on 3/4/2016

BriarTek IP, Inc. Petitions for Writ of Certiorari - On February 10, 2016, BriarTek IP, Inc. filed a petition for writ of certiorari to review a judgment of the United States Court of Appeals for the Federal Circuit that...more

Intellectual Property Protection › Declaratory Judgments › Appeals

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