The long-held rule in the Ninth Circuit was that a plaintiff, in a copyright infringement claim, is presumed to have suffered irreparable harm upon a showing of likelihood of success.
In Perfect 10 v. Google, No. 10-56316, D.C. No. 2:04-cv-09484-AHM-SH (9th Cir. Aug. 3, 2011), the Ninth Circuit conclusively jettisoned the presumption of irreparable harm upon a showing of copyright infringement.
On October 13, 2008, the PRO-IP Act created the position of Intellectual Property Enforcement Coordinator ("IPEC") to coordinate the federal government's enforcement of IP laws, both in the United States and abroad, including in particular "matters relating to combating counterfeit and infringing goods."
The "patent marking statute," 35 USC 287(a), states that notice may be given to the public of the patented nature of an article by affixing the word "patent" or "pat" and the related patent number to the article or to its packaging.
A New York Federal Court Order granted summary judgment in favor of Google, and its subsidiary YouTube, demonstrating the potency of the "safe harbor" protection given to websites by the Digital Millennium Copyright Act ("DMCA").
In the next few months, there will be new legislation (or, failing that, continued antitrust agency enforcement efforts) to restrict the use of litigation settlement agreements to resolve disputes between pharmaceutical industry IP rights holders and generic drug companies.
Ninth Circuit affirms jury award of statutory damages for $1,312,500 for willful copyright infringement, rejecting defendants’ argument that statutory damages should be measured in relation to the fair market value of the infringed works.
Judge Sonia Sotomayor’s recent nomination to the United States Supreme Court has attracted substantial attention in the business community.
In 1976 Congress placed in the Copyright Act a 'presumptive' privilege to republish individual creative works that narrowly limited the circumstances of republication.
Congress is considering several bills purporting to strengthen the rights and remedies available to copyright and trademark holders, and make it easier to prosecute repeat offenders by creating a new federal agency to oversee intellectual property enforcement.