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USA - September 28 2012
Addressing issues of copyright infringement between a struggling artist and a music mogul, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s determination that Vincent Peters failed to establish Kanye West’s song “Stronger” meets the 7th Circuit’s standard for establishing copyright infringement that not only requires a showing of defendant’s access to plaintiff’s copyrighted material, but also substantial similarity between the works of plaintiff and defendant.
USA - July 31 2012
Addressing issues of invalidity and non-infringement of patents asserted between direct competitors in the chewing gum market, the U.S. Court of Appeals for the Federal Circuit explained that in order to be entitled to rely on evidence of unexpected results commercial success or copying, the evidence of secondary translations must be tied to the claimed invention, i.e., the so-called nexus requirement.
USA - April 30 2012
Addressing the issue of whether a case or controversy exists in a declaratory judgment action in which the patentee alleged possible infringement during patent licensing discussions, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a district court’s determination that jurisdiction did not exist under the facts as alleged in the complaint.
