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Internet specimens of use need not include pictures of the goods to show bona fide use in commerce

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 30 2010

The U.S. Court of Appeals for the Federal Circuit recently reversed a Trademark Trial and Appeal Board (TTAB) decision requiring that webpage specimens of use must include a picture of the goods

Internet advertising method found to be patent-eligible

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2011

The U.S. Court of Appeals for the Federal Circuit held that a method for distributing online media to consumers by having the consumer first watch a paid advertisement constitutes patent-eligible subject matter under 35 U.S.C. 101

Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2011

Employing the standard set out by the New York Court of Appeals in internet copyright infringement cases, the U.S. Court of Appeals for the Second Circuit has revived a copyright infringement suit brought by a New York resident against a non-resident based upon defendant’s alleged uploading of copyrighted materials onto the internet

DMCA safe harbor analysis now the same in both Ninth and Second Circuits

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium

“Hot news” cannot be enjoined under misappropriation claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 31 2011

In a case that attracted significant amici attention, the U.S. Court of Appeals for the Second Circuit, invoking the copyright law principal of preemption, vacated an injunction against an internet news service that was based on a tort claim of misappropriation

KSR based renewed motion on obviousness is a winner

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 26 2009

The U.S. Court of Appeals for the Federal Circuit affirmed a district court grant of a post-KSR renewed summary judgment on obviousness (after denying a pre-KSR motion

Constitutional challenge to (file sharing) damage award rebuffed

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2011

The U. S. Court of Appeals for the First Circuit was less sympathetic than the district court to a Boston College graduate student who was found to have used file sharing software to distribute copyrighted music, concluding that the district court erred in reducing the damage award based on due process concerns

Web-linking is not necessarily copying

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 28 2012

The U.S. Court of Appeals for the Seventh Circuit has determined that an entity that provides a link to copyrighted material should not be held liable as a contributory copyright infringer if users of the site bookmarked, but did not upload, the copyrighted material to the site servers

Vicarious copyright infringement requires a showing of supervision or control

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2013

In an opinion that elaborates on the degree of third-party supervision required in order to attach vicarious copyright infringement liability, the U.S

KSR obviousness and BMC joint infringement revisited

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 30 2008

Taking the opportunity to speak to a pair of patent doctrines that were the subject of “disruptive” opinions last year (and that are still in the process of being fully fleshed out), a panel of the U.S. Court of Appeals for the Federal Circuit reversed a jury verdict finding infringement and validity, rejecting the theory of joint infringement absent a single party exercising “control or direction” over the infringement and found claims directed to a method of using the internet to conduct a bond auction to be obvious under KSR