Intellectual Property News and Reports

With that side note accounted for, we can turn to the first inquiry: Is there a “concrete factual context” concerning a dispute that is “likely to come to pass”? Warshak, 532 F.3d at 525. Or does it turn on “contingent... Read more →

The panel affirmed in part, reversed in part, and vacated a judgment in favor of the plaintiff and remanded for further proceedings in a copyright infringement action. The district court held, on summary judgment, that plaintiff, a fabric supplier, owned... Read more →

The panel reversed the district court’s summary judgment in favor of defendants on a copyright infringement claim and affirmed the district court’s dismissal and grant of summary judgment in favor of defendants on a trademark claim concerning the book Oh,... Read more →

This is a copyright dispute over the use of software code and technical drawings for an industrial control system related to plastic injection molding. The district court held that Plaintiff-Appellant RJ Control Consultants, Inc. and its sole shareholder, Paul Rogers,... Read more →

Appellant Clockwork IP, LLC intervened in this copyright case to claim that it—not the plaintiff and registered copyright holder Hiller, LLC— owned the allegedly-infringed work, a customer-service training guide for HVAC technicians (the Guide). The jury rejected Clockwork’s sole request... Read more →

A local jazz musician, Paul Batiste, sued an internationally famous hiphop duo for copyright infringement. He says the group digitally sampled his songs. Finding no evidence of copying, the district court granted summary judgment for the defendants and then ordered... Read more →

Affirming the district court’s judgment after a jury trial in favor of defendants, the panel held that the musical Jersey Boys did not infringe plaintiff’s copyright in an autobiography of Tommy DeVito, a member of the band the Four Seasons.... Read more →

Carrier and ECIMOS once had a long-standing business relationship that has now deteriorated. Carrier is a leading manufacturer of residential Heating, Ventilation, and Air Conditioning (“HVAC”) systems and ECIMOS once produced the qualitycontrol system that tested completed HVAC units at... Read more →

The case raises the question of what copyright royalty rate must be paid by Music Choice for transmissions of digital music over the internet. Pursuant to the Digital Millennium Copyright Act (“DMCA”), a lower grandfathered royalty rate is paid by... Read more →

The panel affirmed in part and reversed in part the district court’s grant of summary judgment in favor of Hewlett Packard Enterprise Co. in a copyright infringement action brought by Oracle America, Inc., and Oracle International Co. Oracle, owner of... Read more →