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Results: 11-20 of 108

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

No honor among “insatiable” porn purveyors

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

The U.S. Court of Appeals for the Second Circuit, in a case decided on pre-emption, affirmed the dismissal of the basis of copyright complaint for unauthorized publication, tortious interference and conversion brought by an author against three book publishers and adult film star

Circumstantial evidence does not create a triable issue of material fact

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 28 2007

The U.S. Court of Appeals for the Sixth Circuit upheld the district court’s grant of summary judgment in favor of defendant-appellee Universal-MCA Music Publishing (Universal), agreeing that plaintiff-appellant Bridgeport Music, Inc. (Bridgeport) had failed to set forth specific facts showing a triable issue of material fact

Ninth Circuit adopts lower court’s use of its own "blades of chaos" to filter out the unprotectable elements of a plaintiff’s copyright infringement claim

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

The U.S. Court of Appeals for the Ninth Circuit adopted and affirmed the trial court’s decision that no reasonable juror could conclude that Sony’s God of War videogame contained substantially similar ideas and expression to any of the protectable elements contained in the plaintiffs’ works

Exotic dancing attire may be inherently distinctive, but the Chippendales "Cuffs & Collar" costume is not

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 28 2010

Addressing whether the well-known Chippendales "Cuffs & Collar" costume is inherently distinctive for adult entertainment services, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark, finding that the costume was not inherently distinctive, but is a "mere variant or refinement" of the Playboy Bunny costume

Broad but definite license agreement on Eminem masters means $$

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 28 2010

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court decision, held that Eminem’s record label improperly calculated royalties in connection with the exploitation of Eminem’s sound recordings as digital downloads and ringtones

First-sale doctrine protects sale of promotional CDs

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

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court holding that a defendant’s resale of promotional music compact discs was permissible under the first-sale doctrine and did not constitute copyright infringement

The registration requirement bars claims based on unregistered copyrights

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 28 2007

The US Court of Appeals for the Second Circuit reversed the certification of a class of plaintiffs consisting of freelance authors (and the trade groups representing the authors) and subsequent approval of a settlement of these plaintiffs’ copyright infringement claims arising out of the unauthorized electronic reproduction of their works

No compulsory license for internet streaming

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2012

In an appeal of a preliminary injunction against ivi, Inc., the U.S. Court of Appeals for the Second Circuit found that internet streaming services are not entitled to compulsory licenses under 17 U.S.C. 111 of the Copyright Act for broadcast TV retransmissions