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Williams Mullen | USA | 6 Feb 2012

Adobe Systems Inc v. Hoops Enterprise LLC - "first sale defense" is not applicable to copyright infringement cases where OEM software was licensed, not sold

The U. S. District Court for the Northern District of California granted partial summary judgment, on February 1, 2012, to rule that the “first sale defense” was inapplicable as a defense to the plaintiff’s copyright infringement claim in Adobe Systems Incorporated v. Hoops Enterprise LLC, No. C 10-2769 (N. D. Cal. 02012012).


Williams Mullen | USA | 13 Dec 2011

Hanover Architectural Service, P.A. v. Christian Testimony-Morris, N.P. architectural firm defeats former client’s claim of “implied license” to use plans for church conversion project

On November 29, 2011, in Hanover Architectural Service, P.A. v. Christian Testimony-Morris, N.P., No. 10-cv-05455 (D.N.J., 11-29-2011), the U. S. District Court for the District of New Jersey ruled against a copyright infringement defendant’s motion to dismiss for failure to state a claim, in a case providing a useful reminder on the limits of implied licenses to use copyrighted architectural plans.


Williams Mullen | USA | 15 Sep 2011

The joinder provision in the Patent Reform Act: leveling the playing field against multi-defendant NPE suits

A new season is under way and some of the rules have changed.


Williams Mullen | USA | 21 Aug 2011

John Wiley & Sons, Inc. v. Kirtsaeng Second Circuit holds that “first sale doctrine” does not apply to books manufactured outside of the United States

On August 15, 2011, the U. S. Court of Appeals for the Second Circuit decided a case of first impression for that Circuit, holding that the Copyright Act’s “first sale doctrine” does not apply to books manufactured outside of the United States.


Williams Mullen | USA | 28 Jul 2011

Zynga v. Vostu: Is copying another game’s user interface copyright infringement?

Recently, social media game developers have been filing copyright infringement suits faster than a round of crops can grow on FarmVille.


Williams Mullen | USA | 16 Jun 2011

EDVA dismisses patent infringement complaint and counterclaim sua sponte for failure to comply with TwomblyIqbal

This week, the Eastern District of Virginia, Richmond Division, dismissed a patent complaint, and counterclaims, sua sponte, for both parties' failure to meet the requirements of Twombly and Iqbal.


Williams Mullen | USA, China | 3 Jan 2011

ITC issues report on IPR infringement and indigenous innovation policies in China

The U.S. International Trade Commission (ITC) issued the first of two reports on intellectual property rights (IPR) infringement in China and Chinese indigenous innovation policies.


Williams Mullen | USA | 5 Oct 2010

Licensing requirements in Virginia and North Carolina: a prerequisite to payment

Construction is complete.


Williams Mullen | USA | 23 Aug 2010

Retailers line up behind Costco at the Supreme Court

In its 2008 decision in Omega v. Costco, the Ninth Circuit held that the “first-sale” doctrine of copyright law does not apply to goods manufactured and first sold abroad.


Williams Mullen | USA | 23 Aug 2010

Fourth Circuit affirms: ornate furniture more than just a chair to sit in

The Fourth Circuit affirms the district court's decision in a six-year battle in Universal Furniture International, Incorporated("Universal") v. Collezione Europa USA, Incorporated ("Collezione"), Nos. 07-2180, 09-1437 (4th Cir. 2010).

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