Supreme Court on Copyright Damages, Again, But Maybe More to Come

The US Supreme Court recently held that the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred. Warner Chappell Music, Inc. v. Nealy (May 9, 2024). This decision clarifies Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U. S. 663 (2014), and resolves a split in [...]

By |2024-06-02T14:06:49-07:00May 30th, 2024|Statute of Limitations, Copyright|0 Comments

Tips from Recent IP Cases

Tips from Recent IP Cases Please join us Monday, February 5, 2024 at noon where will discuss the importance of patent assignments stemming from Roku, Inc. v. International Trade Commission (Fed. Cir. 2024), the importance of timely filings in motion practice (or lack thereof) as seen in the trademark case Rolex Watch v. Beckertime (5th [...]

Emerging Themes in AI lawsuits

SoCal IP Law Institute MCLE meeting of January 29, 2024 - Emerging Themes in AI lawsuits Please join us Monday, January 29, 2024, where we will discuss emerging themes in the AI lawsuits against OpenAI, Microsoft, Meta, Stability AI, and others.  Specific case discussions will include: Kadrey v. Meta Platforms, Inc., 23-cv-03417 (N.D. Cal.) (Complaint)] [...]

The Curious Lawyer: Legal Lessons From the Remarkable James Bond Litigation History

Please join us at noon Monday, January 22, 2024 where we will view a video describing copyright issues surrounding the James Bond movies and books. video link here Guy Cumberbatch, of counsel to SoCalIP, will present. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to [...]

Taylor Swift’s masters controversy and the Copyright Law behind it

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists.  Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why.  She says she [...]

Andy Warhol, Prince, and Fair Use at the Supreme Court

Please join us on Monday, June 12, 2023 at noon for a discussion of the recent Supreme Court case Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith (May 18, 2023) In 1981 Newsweek commissioned professional photographer Lynn Goldsmith to photograph a then “up and coming” musician named Prince Rogers Nelson, which was published [...]

By |2023-06-05T11:15:02-07:00June 3rd, 2023|Fair Use, Infringement, Copyright|0 Comments

Software Copyright Protection and Drama Surrounding Judge Newman

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 [...]

By |2023-04-16T17:18:35-07:00April 16th, 2023|copyrightability, Copyright|0 Comments

Remedies for Patent, Trademark, and Copyright Infringementi

Remedies for Patent, Trademark, and Copyright Infringement Patent The remedy statute for patent infringement states, “Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest [...]

By |2023-03-15T09:42:11-07:00March 14th, 2023|Trademark, Patent, Copyright, Counterfeit, Damages|0 Comments

Emerging IP issues in Artificial Intelligence

SoCal IP Law Institute MCLE meeting of February 27, 2023 - Emerging IP issues in Artificial Intelligence Please join us Monday, February 27, 2023 where we will discuss emerging IP issues related to artificial intelligence.  Specific case discussions will include: Zarya of the Dawn copyright registration cancellation Thaler v. Vidal (AI inventor case) Andersen et [...]

By |2023-11-09T13:31:51-08:00February 26th, 2023|Patent, Authorship, Infringement, Copyright|0 Comments

Inherency of Negative Claim terms and Trade Dress in the 5th Circuit

Please join us on Monday, August 8, 2022 at 12:00 pm, where we will discuss the following: Novartis Pharm. Corp. v. Accord Healthcare, Inc., 38 F.4th 1013 (Fed. Cir. 2022) (rehearing decision here) - Novartis prevailed in the 5th Circuit on the validity of its claims under the Written Description Requirement based on a negative [...]

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