Controversial Ninth Circuit Ruling May Limit the Availability of the DMCA Safe Harbor for Websites Relying on Moderators

Comments Off on Controversial Ninth Circuit Ruling May Limit the Availability of the DMCA Safe Harbor for Websites Relying on Moderators Written by on April 13, 2017 | Posted in Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation

Print this postA controversial ruling by the Ninth Circuit Court of Appeals was issued last week, which has the potential to discourage websites from relying on moderators for user-generated content going forward. In the case of Mavrix Photographs LLC v. LiveJournal, Inc., No. 14-56596 (9th Cir. filed April 7, 2017), the Court ruled that agency […]

Supreme Court Rules Patent Invalidity is Not a Defense to Induced Patent Infringement Claim in Commil USA Case Against Cisco Systems

Comments Off on Supreme Court Rules Patent Invalidity is Not a Defense to Induced Patent Infringement Claim in Commil USA Case Against Cisco Systems Written by on May 26, 2015 | Posted in Patent Cases of Interest, Patent Infringement Litigation

supreme court, patent invalidity, induced infringement, induce to infringe, Justice Scalia, dissent, Cisco Systems, Commil, Commil USA, Silicon Valley

Lessons from the Copyright Infringement Verdict Against Robin Thicke and Pharrell Williams

Comments Off on Lessons from the Copyright Infringement Verdict Against Robin Thicke and Pharrell Williams Written by on March 12, 2015 | Posted in Commercialization of Intellectual Property, Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation, Music Licensing

Print this postA verdict was reached earlier this week in the copyright infringement case between Robin Thicke and Pharrell Williams and the children of Marvin Gaye, finding that the 2013 song “Blurred Lines” infringed on the copyright in Marvin Gaye’s 1977 song “Got to Give it Up.”  Tech Times reported that Gaye’s children have been […]

Successfully Managing Intellectual Property Disputes as an Early-Stage Start-up

Comments Off on Successfully Managing Intellectual Property Disputes as an Early-Stage Start-up Written by on September 11, 2014 | Posted in IP Licensing Litigation

Print this postTechCrunch posted an article this afternoon written by attorney David Soofian, which caught my attention, addressing the issue of what to do as a young start-up if you are sued for patent infringement.   In particular, the article addressed the challenges posed by so-called patent trolls, who use “weak patents to go after […]

Getty Images Copyright Dispute Against Microsoft to Challenge Legality of Recently Released Widget

Comments Off on Getty Images Copyright Dispute Against Microsoft to Challenge Legality of Recently Released Widget Written by on September 5, 2014 | Posted in Commercialization of Intellectual Property, Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation

Print this postGetty Images made news in the copyright world this week by filing a complaint against Microsoft Corporation in the Southern District of New York  for “infringing and facilitating the massive infringement of [its] copyrights” through its release of the new Bing Image Widget service.  To review the full complaint, click here. The case […]

Landmark Copyright Verdict Against Media Companies Serves as Cautionary Tale to All

Comments Off on Landmark Copyright Verdict Against Media Companies Serves as Cautionary Tale to All Written by on February 10, 2014 | Posted in Commercialization of Intellectual Property, Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation

Print this postIn case you missed the headlines late last year, freelance photographer Daniel Morel was awarded a $1.2 million damage verdict against Agence France-Presse (“AFP”) and Getty Images after it was found that they willfully infringed Mr. Morel’s photos of the 2010 earthquake in Haiti.   The verdict caught my attention given the fact so […]

Supreme Court to Hear Streaming TV Over the Internet Case

Comments Off on Supreme Court to Hear Streaming TV Over the Internet Case Written by on February 3, 2014 | Posted in Content Licensing, Copyright Infringement, IP Licensing Litigation

Print this postLike many cable and satellite TV consumers these days, I have been closely following the new options on the market for streaming TV service and hoping that the day will soon come when I can significantly reduce my monthly subscription costs without cutting off my access to live TV.   With the cost […]

Apple Trademark Dispute with Proview Becomes a Global Fight

Comments Off on Apple Trademark Dispute with Proview Becomes a Global Fight Written by on February 24, 2012 | Posted in IP Licensing Litigation, Trademark Litigation

Print this postApple’s trademark dispute with Proview is now being fought on two fronts: at the local level in China and here in Silicon Valley. The Wall Street Journal is reporting that Proview has filed a lawsuit in Santa Clara County Superior Court claiming that Apple committed fraud when it used a company called IP […]

Lessons for Silicon Valley Companies in Apple Trademark Dispute

Comments Off on Lessons for Silicon Valley Companies in Apple Trademark Dispute Written by on February 16, 2012 | Posted in IP Licensing Litigation, Trademark Filings, Trademark Licensing, Trademark Litigation

Print this postIn case you have not been following the story, Apple has found itself in the middle of a trademark dispute in China over the use of its mark “iPad,” as MSNBC reported on its website yesterday. You might wonder how in the world this happened, given Apple’s large, IP savvy legal department and […]

Seventh Circuit Court of Appeals Issues Ruling Which Affirms Rights in an Exclusive License to Joint Intellectual Property

Print this postI just spent about five hours on the phone with multiple clients over the last few weeks explaining to them the ins and outs of exclusively licensing joint intellectual property, so I was pleased to see the decision of the Seventh Circuit Court of Appeals in the Wisconsin Alumni Research Foundation v. Xenon […]

Supreme Court Agrees to Hear Bilski Case: Decision to Have Broad Implications for Silicon Valley Companies

Comments Off on Supreme Court Agrees to Hear Bilski Case: Decision to Have Broad Implications for Silicon Valley Companies Written by on June 5, 2009 | Posted in Patent Cases of Interest

Print this postThe Supreme Court agreed this week to hear the Bilski Case. Given the issues at the heart of Bilski, this case will be closely watched by the Silicon Valley business community, since any decision could have a far-reaching impact on the patentability of intellectual property developed by Silicon Valley businesses. What are the […]

Decision Reached in Case that Challenged Patent Rulemaking Authority by USPTO

Comments Off on Decision Reached in Case that Challenged Patent Rulemaking Authority by USPTO Written by on March 25, 2009 | Posted in IP Licensing Litigation, Patent Cases of Interest

Print this postThe Federal Circuit has reached a decision in Tafas v. Doll, which is a case that challenged the rulemaking authority of the USPTO. As I explained at the California Biotech Law Blog, the particular patent rules at issue are Rules 75, 78, 114, and 265, which are as follows: Final Rule 78: This […]

Anticipating Likely Copyright Battle, Amazon Backs Down Over Kindle 2 Audio Feature

Print this postAnticipating a likely copyright battle over its new Kindle 2 audio feature, Amazon has backed down on its previous position and announced that publishers and authors will be able to decide whether to enable the feature. The Author’s Guild first signaled that a fight was brewing when it issued a February 12th alert […]

Associated Press Alleging Artist Stephen Fairey Infringed President Obama Photograph

1 Comments Written by on February 5, 2009 | Posted in IP Licensing Litigation

Print this postDid artist Stephen Fairey commit copyright infringement when he painted the image of President Obama and based that painting on a photo owned by the Associated Press? The Associated Press has approached Mr. Fairey and is claiming that he has in fact infringed their copyrighted photo. A photo of course is generally protected […]

Should Your Business Conduct an IP Licensing Audit?

Comments Off on Should Your Business Conduct an IP Licensing Audit? Written by on November 14, 2008 | Posted in IP Licensing Litigation

Print this postEntrepreneur.com ran an article this month, which advised business owners to practice “preventive lawyering” or “litigation avoidance” by conducting audits in some key areas of the business such as contracts and intellectual property. I agree with the advice in this article. Regardless of their size, businesses need to conduct a periodic review of […]

Copyright Reform: Is it Time to Take Patent Reform Off the Table and Work on Copyright Reform?

Comments Off on Copyright Reform: Is it Time to Take Patent Reform Off the Table and Work on Copyright Reform? Written by on November 12, 2008 | Posted in IP Legislation, IP Licensing Litigation, IP Licensing News, Music Licensing

Print this postGiven where we are on the patent reform debate, is it time to move patent reform off the table and work on copyright reform? If you haven’t heard many calls for this lately, you are not alone, but according to Wired, Judge Miriam Hall Patel, who presided over the Napster case has had […]

Retired NFL Players Win Verdict Against Union For Failing to Include Them in Licensing Deals

Comments Off on Retired NFL Players Win Verdict Against Union For Failing to Include Them in Licensing Deals Written by on November 12, 2008 | Posted in IP Licensing Litigation

Print this postA verdict was reached yesterday in an interesting case filed by retired NFL players against the players union for failing to include them in lucrative licensing deals involving video games and other sports products. NFL Gridiron Gab reported on the verdict as follows: NFL Players Association was ordered by a jury on Monday […]

Supreme Court to Consider Fantasy Baseball Case: Do Players’ Names and Statistics Constitute Major League Baseball Intellectual Property?

1 Comments Written by on June 1, 2008 | Posted in IP Licensing Litigation

Print this postThe Supreme Court is considering whether to take a case which would address the issue of whether major league baseball players’ names and statistics constitute the intellectual property of Major League Baseball, requiring the payment of a royalty fee. Fox News reported on the case as follows: St. Louis-based company called CBC Distribution […]

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