For our weekly SoCal IP Institute meeting on Monday, January 15, 2018, we will discuss the following cases:
Capital Security Systems, Inc. v. NCR Corp , (N.D. Ga. January 5, 2018) (available here). Capital Security sued NCR for patent infringement on four different patents. NCR successfully defended itself against all four asserting theories of invalidity and lack of enablement. NCR then moved for attorney fees arguing the case was exceptional because the claims on their face were baseless, and Capital’s attorneys had engaged in egregious conduct. Although the court was empathetic to NCR’s position, they found NCR presented no concrete evidence that Capital acted in an unreasonable manner during litigation, and declined to award fees.
Roberts v. Gordy, (11th Cir., December 15, 2018) (available here). The trial court dismissed a dispute over the rights to a rap song because the copyright registration had an error in it, the 11th circuit reversed and remanded. The 11th circuit found it was improper for the tiral court to raise the issue of an invalid registration if neither litigant had raised the issue.
All are invited to join us on January 15, 2017, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.