It's Becoming Harder and Harder to Protect Software Function with Copyright In SAS Institute, Inc. v. World Programming Limited, Case No. 2021-1542 (Fed. Cir. April 6, 2023) (opinion here), the general question raise is as to the scope of protection afforded to computer software and computer software function specifically. SAS offers a software product called the [...]
App Store Context and Epic Games' Plan for a Coup By every measure, the iPhone was a groundbreaking success from introduction. Despite the introduction being held together by shoestrings and duct tape, it turns out every human on earth wanted a handheld computer in their palm. Initially, the iPhone offered no ability to run any [...]
Service of process abroad was always presented to me as a difficult issue. And, it can be. The most recent, and important, discussion that bears on that process may be found in Water Splash, Inc. v. Menon, 2017 U.s. LEXIS 3212, Case No. 16-254 (2017) which resolved a circuit split regarding whether service by mail was [...]
Typefaces - the actual shapes of a group of letters - and fonts - the software used to create a particular typeface - are both protectable under U.S. intellectual property laws. Design Patents in Typefaces The Manual of Patent Examining Procedure (the "MPEP") is remarkably terse regarding typefaces (called Type Fonts just to add to [...]
On Monday, February 14, 2022 (Happy Valentine's Day!), SoCal IP Law Group partner Jonathan Pearce will present on several patent and trademark cases involving "exceptional case" determinations. Our firm has handled a few litigation matters involving potential or actual exceptional cases recently. As a result, we have some experience in these determinations and thought them [...]
On Monday, January 10, 2022 at 1:00 pm, Jonathan Pearce will re-present a recent presentation to the Video Game Bar Association made by himself and fellow practitioner Allison Rothman. Mr. Pearce and Ms. Rothman previously made this presentation during the VGBA's annual summit to provide its members with an update on the state of intellectual property [...]
Which Pizza has better ingredients and who is allowed to say so? Our two cases are Lanham Act court of appeals cases. The first, Pizza Hut, Inc. v. Papa John’s Int’l., 227 F.3d 489 (5th Cir 2000) (here), from the Fifth Circuit in 2000, relates to Pizza Hut’s claim the Papa John’s advertising using the phrase [...]
Sirius Gets a Win on CA State Copyright Claims In Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. 17-55844 (August 23, 2021) (available here), the panel reversed the district court’s grant of partial summary judgment to Flo & Eddie, Inc. in its action against Sirius XM satellite radio, seeking royalties for pre-1972 songs [...]
Real-Life Clash of Clans - Huge Verdicts are Alive and Well in the E.D. Tex. In Gree, Inc. v. Supercell Oy (E.D. Tex. 2019 and 2020), available here, here, here, here (judgment), here, here, here, and here (jury verdict). Gree, Inc. is (was?) a successful Japanese mobile game developer. Their games have been popular in Japan for at least [...]
Issue Preclusion, Claim Preclusion, and Expansion of the Kessler Doctrine Dismissal with prejudice generally gives rise to the application of two doctrines, issue preclusion and claim preclusion. Issue preclusion prevents a party from raising an issue that was or could have been brought in a previous lawsuit. So, a party who sues another party may [...]