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Results: 1-10 of 241

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


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


Overbroad arbitration awards are no laughing matter
  • McDermott Will & Emery
  • USA
  • February 26 2009

The U.S. Court of Appeals for the Ninth Circuit recently vacated in part an arbitrator’s award in a dispute over a breached trademark licensing agreement, holding the arbitrator acted with manifest disregard of the law by upholding an overly restrictive covenant not to compete and acted beyond his scope of authority in issuing a permanent injunction against non-parties to the license agreement


Only musical recordings eligible for copyright first sale exception
  • McDermott Will & Emery
  • USA
  • February 28 2007

Addressing for the first time the issue of whether the record rental exception to the copyright first sale doctrine applies to all sound recordings or only musical sound recordings, the U.S. Court of Appeals for the Sixth Circuit upheld the district court, holding that only musical sound recordings are subject to the exception


Likelihood of confusion too heavy to weigh at summary judgment stage
  • McDermott Will & Emery
  • USA
  • October 31 2008

In vacating an award of summary judgment (based on a Lanham Act claim) to the estate of a legendary football announcer (John Facenda), the U.S. Court of Appeals for the Third Circuit held that it was not appropriate to weight the likelihood of confusion factors, which are largely fact dependent, at the summary judgment stage


Identical use of permissible copyrighted work privileged in collective work
  • McDermott Will & Emery
  • USA
  • August 31 2008

The U.S. Court of Appeals for the Eleventh Circuit, in a case destined to be widely cited, held that copyrighted work can be reproduced in a collective work if it is a work that collectively uses material originally published with permission it and uses the identical selection, coordination and arrangement of the work as in the original work


A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial
  • McDermott Will & Emery
  • USA
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1


Sanctions may be awarded for violation of injunction, despite good faith attempt to redesign
  • McDermott Will & Emery
  • USA
  • March 31 2010

Affirming a district court’s contempt ruling, the U.S. Court of Appeals for the Federal Circuit found that good faith attempts to design around cannot save an infringer from a finding of contempt when the product is not “more than colorably different.”


But I didn’t know I was infringing
  • McDermott Will & Emery
  • USA
  • March 31 2010

In a strategic victory for the recording industry, the U.S. Court of Appeals for the Fifth Circuit reversed a denial of a motion for summary judgment finding that notwithstanding an alleged infringer’s ignorance of the law, the “innocent infringer” defense under 17 U.S.C. 504(c)(2), typically is not available as a matter of law if copyrighted materials are properly marked


Plaintiff’s choice to file in a “centralized venue” will not defeat a motion to transfer venue if the evidence is primarily in a different forum
  • McDermott Will & Emery
  • USA
  • January 30 2010

The U.S. Court of Appeals for the Federal Circuit recently granted Nintendo’s petition for a writ of mandamus to transfer a patent infringement suit from the U.S. District Court for the Eastern District of Texas to the U.S. District Court for the Western District of Washington, finding that the district court abused its discretion in denying transfer of venue under 28 U.S.C. 1404(a