Court Battles over Digital Television Distribution
March 29, 2013
Aereo Inc.'s pitch is this: With one of its tiny antennas, no bigger than a dime, viewers can watch television through the Internet. But this is erupting into a litigation nightmare for broadcasters. The fight boils down to whether the broadcasters' copyrights for their shows give them control over how the shows are distributed.
Display in Musical of Clip from 'Ed Sullivan' Show Was Fair Use
March 29, 2013
In <i>SOFA Entertainment, Inc. v. Dodger Productions, Inc.</i>, the U.S. Court of Appeals for the Ninth Circuit considered whether it was "fair use" under the Copyright Act for the award-winning musical "<i>Jersey Boys</i>" to use a seven-second clip of Ed Sullivan's introduction of the Four Seasons rock band on "<i>The Ed Sullivan Show</i>" that aired in 1966.
Obviousness-Type Double Patenting Can Apply Without Common Ownership
March 29, 2013
In <i>In re Hubbell</i>, the Federal Circuit held that obviousness-type double patenting applies when conflicting patent applications share common inventors, even if they lack common ownership. That is, complete identity of inventors or common ownership is not required for the Patent Office to impose an obviousness-type double patenting rejection.
Major Differences In UK, U.S. Copyright Laws
February 28, 2013
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
IP News
February 28, 2013
Highlights of the latest intellectual property cases from around the country.
The Role of Supplemental Examination
February 28, 2013
Considering the provisions of supplemental examination and its contrasts with <i>ex parte</i> re-examination can help practitioners decide whether supplemental examination may benefit a particular patent.
Filmed Conversation with Celebrity
February 26, 2013
The U.S. Court of Appeals for the Seventh Circuit recently found that a woman who appears on camera for 16 seconds in an 82-minute documentary film about Joan Alexandra Molinsky Sanger Rosenberg (more commonly known as the comedian Joan Rivers), does not have a right to sue for invasion of privacy and misappropriation of her image under the Wisconsin Right of Privacy statute.
Patentable Software: Will We Know It When We See It?
February 26, 2013
As the pressure mounts and public concern rises, we await further clarification, by Supreme Court or congressional action, as to whether software is patent eligible. In the meantime, patent applicants should hedge against any potential outcome by drafting applications having claim sets that attempt to comply with future adoptable patent eligibility tests.
IP News
January 31, 2013
Highlights of the latest intellectual property cases from around the country.
Factors in Assessing Statutory Damages for Digital Copyright Infringement
January 31, 2013
A recent federal district court award of $6.6 million in statutory damages to music publishers for the unlicensed use of song lyrics by the website LiveUniverse and its operator was hailed as the first of its type for owners of song lyrics, and thus a significant milestone for content owners in the digital era.
