News & Analysis as of

Copyright Infringement En Banc Review

Pillsbury Winthrop Shaw Pittman LLP

Virginia Supreme Court Strengthens Protection Against Computer Crimes

The decision creates an additional tool for protecting corporate information and trade secrets. The Virginia Supreme Court affirmed the trial court’s conviction of Taylor Amil Wallace for computer fraud, with three judges...more

ArentFox Schiff

A Blow to Pop Art: Andy Warhol’s Prince Series Not a 'Fair Use' of Lynn Goldsmith’s Photograph

ArentFox Schiff on

The Second Circuit recently held that artist Andy Warhol’s use of Lynn Goldsmith’s photograph of the musician Prince (the “Goldsmith Photograph”) to create fifteen new unauthorized silkscreen and pencil artworks (the “Prince...more

McDermott Will & Emery

Ninth Circuit Shows Led Zeppelin a Whole Lotta Love in ‘Stairway’ Copyright Win

Ruling en banc, the US Court of Appeals for the Ninth Circuit reinstated a 2016 jury verdict, finding that the rock band Led Zeppelin and the opening notes of its hit song “Stairway to Heaven” did not infringe the 1967 song...more

WilmerHale

Ninth Circuit Watch: En Banc Court Overturns Rule That a High Degree Of Access to Copyrighted Material Reduces Plaintiff's Burden...

WilmerHale on

On March 9, 2020, the en banc U.S. Court of Appeals for the Ninth Circuit unanimously held in Skidmore v. Led Zeppelin that a copyright defendant’s “high degree of access” to a copyrighted work does not lower the plaintiff’s...more

Dorsey & Whitney LLP

9th Circuit Resurrects King Solomon’s Claim to “Empire”

Dorsey & Whitney LLP on

In three separate opinions, a panel of the Ninth Circuit revived a pro se plaintiff’s claim that defendants’ television series “Empire” infringed upon his copyrighted “treatment” for a television series entitled “King...more

Davis Wright Tremaine LLP

Fourth Circuit Denies BMG request for Panel and En Banc Rehearing

The Fourth Circuit Tuesday denied BMG’s Petition for Rehearing by the panel and the full court. The panel’s opinion, issued February 1, reversed BMG’s $25 million contributory infringement verdict. ...more

King & Spalding

ITC Section 337 Update – February 2016

King & Spalding on

Commission and Align Technology Petition for Rehearing En Banc in ClearCorrect - On January 27, 2016, the U.S. International Trade Commission (“Commission”) and Align Technology, Inc. petitioned for rehearing en banc in...more

Weintraub Tobin

Patent Owners Beware: Don’t Sleep on Your Rights!

Weintraub Tobin on

Laches, a judicially created defense based on the plaintiff’s delay and prejudice to the defendant, is a proper defense to the recovery of damages in a patent infringement suit, even though the Supreme Court ruled in 2014...more

Foley & Lardner LLP

En Banc Federal Circuit Preserves The Patent Laches Defense Over Dissent

Foley & Lardner LLP on

In a divided en banc decision in SCA Hygiene Products v. First Quality Baby Products, the Federal Circuit preserved the defense of laches for patent cases even though the Supreme Court eliminated that defense in copyright...more

Snell & Wilmer

Laches Remains a Defense to Legal Relief in Patent Infringement Cases After Petrella

Snell & Wilmer on

Laches remains applicable in the patent context to bar pre-suit damages after an en banc Federal Circuit ruling late last week in SCA Hygiene Products Aktiebolag v. First Quality Baby Products. Last year in the “Raging Bull”...more

Kelley Drye & Warren LLP

En Banc Federal Circuit Maintains Laches Defense With Post-Suit Twist (SCA V. First Quality)

Today, in SCA v. First Quality, the Federal Circuit sitting en banc ruled that the equitable doctrine of laches remains a valid defense in patent infringement actions notwithstanding the Supreme Court’s recent decision in...more

King & Spalding

ITC Section 337 Update – August 2015

King & Spalding on

En Banc Federal Circuit Upholds The Commission’s Position In Suprema – On August 10, 2015, in an en banc Opinion written by Circuit Judge Reyna, the Federal Circuit upheld the Commission’s position in Suprema, Inc. v....more

Nossaman LLP

Garcia v. Google: Ninth Circuit En Banc Denies Actor’s Copyright Claim In Her Performance

Nossaman LLP on

This blog previously discussed the Ninth Circuit Court of Appeals opinion in Garcia v. Google, Inc., (9th Cir. 2014) 766 F.3d 929, reversing a decision of the district court. On Monday, the Ninth Circuit, en banc, in Garcia...more

Nossaman LLP

On December 15, 2014, The Ninth Circuit En Banc Will Hear Garcia v. Google, Inc./Actors And Producers Await The Result

Nossaman LLP on

On Monday, December 15, 2014, the Ninth Circuit en banc will hear argument in Garcia v. Google, Inc. 766 F3d 929 (9th Cir. 2014), amending 743 F.3d 1258 (9th Cir. 2014). A three judge panel of the Ninth Circuit previously...more

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