Category Archives: Copyrights

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Design Patents and Copyrights for Designs on Useful Articles

Two recent cases illustrate the potential benefits of protecting intellectual property rights with both design patents and copyrights, particularly for an article that has both utility and a design, including because a design patent infringement analysis may sometimes be more straightforward to apply. In a design patent case, Columbia Sportswear North America, Inc. v. Seirus … Continue reading this entry

The Supreme Court's Aereo Ruling: Is the Sky Falling for Cloud Computing?

With the Supreme Court’s Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services, particularly with regard to cloud computing. However, the Supreme Court narrowly tailored the Aereo decision to services that closely resemble cable TV. Thus, suggestions that “the sky is falling” for cloud computing or other … Continue reading this entry

Responding to Unsolicited Ideas While Avoiding Claims of IP Theft

A company’s receipt of unsolicited ideas for new products or product modifications can create significant risks. The receiving company may have similar products or improvements under development or may undertake these efforts in the future without any actual knowledge that the unsolicited idea was sent or received. In such a situation, the receiving company going … Continue reading this entry

Should You Pay to See the Law You Must Obey?

Earlier this month, the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet resumed hearings on copyright reform. One of the three topics discussed at the January 14, 2014 hearing was whether model codes and technical standards developed by private standards developing organizations (“SDOs”) and subsequently enacted into federal, state or municipal laws should … Continue reading this entry

DMCA Deadlines May Not Trump Registration Requirement for Copyright Infringement

Before bringing an action for Copyright infringement in Federal Court, a Copyright holder must first register their Copyright with the U.S. Copyright Office. See 17 U.S.C. § 411. This is true even though a Copyrighted work is automatically entitled to Copyright protection upon creation. See 17 U.S.C. § 102(a). However, whether registration has occurred for the … Continue reading this entry

Good Faith Belief of Invalidity May Be Defense to Induced Infringement and Opinion Letters May Become Increasingly Important

The Federal Circuit recently denied a request for rehearing en banc in the matter of Commil USA, LLC v. Cisco Sys., Inc., in a 6-5 vote of the participating judges.  2013 U.S. App. LEXIS 21713 (Fed. Cir. Oct. 25, 2013) (“Commil II”).  The result is that evidence of a good faith belief of invalidity of … Continue reading this entry

Fair Use Revisited - What's Transformative?

Last month, photographer Peter Cariou petitioned the Supreme Court to overturn the Second Circuit ruling in Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013), a copyright infringement case, in which the Second Circuit held that twenty five artworks created by the appropriation artist Richard Prince–which incorporated Cariou’s original photographs–were fair use and non-infringing. At center in … Continue reading this entry

Federal Circuit Decision Highlights Seldom-Used Doctrine of Equivalents Analysis

The Federal Circuit’s August 27, 2013 decision in Applied Medical Resources Corp. v. Tyco Healthcare Group LP (Case No. 2012-1412) (nonprecedential) relied on the seldom-used “difference in kind” test in analyzing infringement under the doctrine of equivalents, considering whether an accused product was different in kind – rather than just degree – from the claimed invention. … Continue reading this entry