A US Court of Appeals for the Ninth Circuit panel vacated a grant of summary judgment in favor of the plaintiff, holding that the first sale doctrine applies when a trademarked product is incorporated into a new product....more
The US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of the defendant in a copyright case based on a “minimal usage” or de minimis use defense. Richard N. Bell v....more
The US Court of Appeals for the Sixth Circuit affirmed a district court’s grant of summary judgment in favor of the defendant, finding no current or future copyright infringement. OverDrive Inc. v. Open E-Book Forum dba...more
The US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment grant with respect to a copyright infringement claim related to technical drawings, and reversed the court’s summary judgment grant...more
The US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment, finding that the plaintiff had sufficiently pled trade secret misappropriation by identifying its trade secrets and how they...more
The US Court of Appeals for the Ninth Circuit revived a software owner’s copyright infringement suit because the district court erred in granting summary judgment of no infringement by failing to analyze whether the accused...more
Addressing issues of design patent infringement, copyright infringement, trade dress infringement and unfair competition, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment...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 an issue of damages, the US Court of Appeals for the Ninth Circuit vacated the district court’s grant of punitive damages in favor of the plaintiff, finding “passion and prejudice” mitigated finding of “malice”....more
11/12/2019
/ Ability-to-Repay ,
Breach of Contract ,
Compensatory Damages ,
Copyright ,
Copyright Litigation ,
Evidence ,
Jury Verdicts ,
Prejudice ,
Punitive Damages ,
Slander of Title ,
Summary Judgment ,
Tortious Interference
Addressing an issue of whether a letter exchange qualifies as a work for hire agreement under US copyright laws, the US Court of Appeals for the Second Circuit reversed and remanded the district court grant of summary...more
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 use of third-party photographs on a real estate listing website, the US Court of Appeals for the Ninth Circuit found no direct copyright infringement, notwithstanding the display of thousands of copyrighted...more
5/6/2019
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Fair Use ,
Intellectual Property Protection ,
Jury Verdicts ,
Photographs ,
Remand ,
Reversal ,
Summary Judgment ,
Transformative Use ,
Zillow