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Results: 1-10 of 418

Supreme Court Hears Oral Argument On Lost Profit Patent Damages In WesternGeco v. ION
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • April 16 2018

WesternGeco LLC v. Ion Geophysical Corp., No. 16-1011. The Supreme Court's decision in this case will determine whether United States patentees will


Oracle America, Inc. v. Google LLC
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • March 28 2018

On March 27, 2018, the Federal Circuit held in a precedential copyright decision that Google Inc.'s ("Google") use of Oracle America, Inc.'s


Second Circuit rejects fair-use defence for online service allowing users to watch Fox News content
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • March 26 2018

On February 27 2018 the US Court of Appeals for the Second Circuit in Fox News Network, LLC, v TVEyes, Inc (15-3885) held that certain aspects of


Federal Circuit identifies circumstances militating against early or summary Section 101 determinations
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • March 19 2018

A number of district court decisions have held patent claims to be ineligible under Section 101 during motions brought at the start of litigation or


Email Pilot Program for Protesting Fraudulent Trademark Specimens
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • March 16 2018

The USPTO recently announced an email pilot program to protest trademark specimens that are possibly fraudulent and not in actual use, such as altered


Second Circuit Rejects TVEyes’s Fair Use Defense For Online Service Allowing Users To Watch Fox News Content
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • February 27 2018

On February 27, 2018, the United States Court of Appeals for the Second Circuit in Fox News Network, LLC, v. TVEyes, Inc. (No. 15-3885) held that


'Repeat infringers' under Digital Millennium Copyright Act not repeat infringers as adjudged by court
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • February 26 2018

On February 1 2018 the US Court of Appeals for the Fourth Circuit in BMG Rights Management (US) LLC v Cox Communications, Incorporated (16-1972


Militating Against Early Or Summary 101 Determinations
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • February 19 2018

Two recent Federal Circuit decisions, Berkheimer v. HP Inc. (No. 2017-1437) and Aatrix Software, Inc. v. Green Shades Software, Inc. (No. 2017-1452


Federal Circuit clarifies that wilful infringement must be decided by jury
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • February 5 2018

On January 12 2018 the Federal Circuit handed down its decision in Exmark Mfg Co v Briggs & Stratton Power (2016-2197). It clarified that, in view of


Fourth Circuit Clarifies That “Repeat Infringers” In DMCA Safe Harbor Provision Are Not Repeat Infringers As Adjudged By A Court
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • February 1 2018

On February 1, 2018, the United States Court of Appeals for the Fourth Circuit, in BMG Rights Management (US) LLC v. Cox Communications, Incorporated