SoCal IP Institute :: June 19, 2017 ::The Supreme Court on Patent Exhaustion; Housing Design Copyright Trolls

For our weekly SoCal IP Institute meeting on Monday, June 19, 2017, we will discuss the following cases:
Impression Products, Inc. v. Lexmark International, Inc. (Supreme Court, May 30, 2017) (available here). Lexmark makes and sells certain printer toner cartridges. To prevent third parties from reselling used toner cartridges, Lexmark instituted a “buyback” program. Customers received […]

SoCal IP Institute :: February 8, 2016 :: TTAB rules no fraudulent intent regarding false claim of use in citable decision; Hip Hop Artist’s copyright lawsuit dismissed by 2nd Cir. as Time-Barred

Our weekly SoCal IP Institute meeting on Monday, February 8, 2016, will be a discussion of the following:
Embarcadero Tech. v. Delphix Corp, (TTAB 1/21/16) (available here). At issue was a motion for summary judgment brought by Delphix on Embarcadero’s claim that Delphix fraudulently proclaimed use in commerce of its DELPHIX mark. Embarcadero also filed a motion to amend its petition for cancellation to […]

By |February 1st, 2016|Copyright, Damages, Fraud, Ownership, Trademark, TTAB, Use in Commerce|0 Comments

SoCal IP Institute :: January 18, 2015 :: First sale defense for copyright infringement and Patent ineligible abstract ideas

Our weekly SoCal IP Institute meeting on Monday, January 18, 2016, will be a discussion of the following:
Adobe Systems, Inc. v. Christiansen, (9th. Cir. December 30, 2015) (available here).   Adobe Systems sued Christiansen for copyright infringement as a result of selling Adobe software that defendant had purchased from a third party. Defendant Christiansen asserted that there […]

By |January 15th, 2016|Copyright, Ownership, Patent|0 Comments

SoCal IP Institute :: December 14, 2015 :: Damages in Patent Infringement and ‘Santa Claus Is Coming to Town’ Rights Passed to Author’s Family

Our weekly SoCal IP Institute meeting on Monday, December 14, 2015, will be a discussion of the following:
Commonwealth Scientific and Industrial Research Organization v. Cisco Systems, Inc., (Fed. Cir. December 3, 2015) (available here).   In a challenge to the district court’s award of damages in a patent infringement action, the judgment is vacated and remanded […]

By |December 10th, 2015|Copyright, Ownership, Patent|0 Comments

SoCal IP Institute :: July 6, 2015 :: Copyright Interests in Film Contributions & Kickstarter Prevails in Patent Case under Alice

Our weekly SoCal IP Institute meeting on Monday, July 6, 2015 will be a discussion of the following cases:
Kickstarter, Inc. v. Fan Funded,  11 Civ. 6909, S.D.N.Y, Decided June 29, 2015 (available here).  Kickstarter brought a declaratory relief action against Fan Funded and ArtistShare that U.S. Patent No. 7,885,887 for “Method and apparatuses for financing and marketing a creative work” is invalid […]

SoCal IP Institute :: September 22, 2014 :: A Glance at Current Copyright Happenings

Our weekly SoCal IP Institute meeting on Monday, September 22, 2014 will be a discussion of recent copyright cases. Brief synopses of the cases we will discuss appear below.

Princeton Payment Solutions, LLC v. ACI Worldwide, Inc. et al, No. 1:13-vc-852 (ED Va. August 15, 2014) (available here). In this computer software copyright case, the Court granted summary judgment […]

By |September 20th, 2014|Copyright, Infringement, Ownership|0 Comments

SoCal IP Institute :: July 14, 2014 :: Liens on IP do not Create Federal Questions and Receivership Over Some George Clinton Recordings Affirmed

Our weekly SoCal IP Institute meeting on Monday, July 14, 2014 will be a discussion of one 4th Circuit case regarding federal subject matter jurisdiction for liens enforced on intellectual property and a 9th Circuit decision on the appointment of a receiver and that receiver’s rights over IP held by an individual. Brief synopses of […]

By |July 13th, 2014|Copyright, Ownership|0 Comments

SoCal IP Institute :: June 16, 2014 :: Supreme Court on Indefiniteness and Copyright

Our weekly SoCal IP Institute meeting on Monday, June 16, 2014 will be a discussion of two Supreme Court cases.  The first deals with indefiniteness and the second deals with copyright ownership. Brief synopses of the cases appear below.

Nautilus, Inc. v. Biosig Instrum., Inc. 110 U.S.P.Q.2d 1688, 572 U.S.___  June 2, 2014) (available here). In Nautilus, […]

By |June 16th, 2014|Copyright, indefiniteness, Ownership, Patent|0 Comments

SoCal IP Institute :: April 14, 2014 :: eBook held not to be a new derivative work under Copyright Law; Fed Cir. upholds Rejection of Stone Lion Capitol Trademark.

Our weekly SoCal IP Institute meeting on Monday, April 14, 2014 will be a discussion of a recent copyright and trademark case:  Brief synopses appear below.

Peter Mayer Publishers, Inc. v. Shilovskaya, Case No. 12 Civ. 8867 (PGG)  (S.D.N. Y 3/31/14, ) (available here).  The issue was whether an eBook version of a commissioned English translation of a Russian novel The […]

By |April 12th, 2014|Copyright, Infringement, Ownership, Trademark, TTAB|0 Comments

SoCal IP Institute :: March 24, 2014 :: 9th Circuit Reverses Denial of Preliminary Injunction in a Copyright Case; A jury in the Northern District of California has Criminalized the Theft of Trade Secrets

Our weekly SoCal IP Institute meeting on Monday, March 24, 2014 will be a discussion of a recent 9th circuit decision and a criminal trade secret jury trial.  Brief synopses appear below.

Garcia v. Google et. al., Case No. 12-57301 (9th Cir. Feb. 26, 2014) (available here.).  Here, the panel reversed the district court’s denial of a preliminary injunction.  […]