For our weekly SoCal IP Institute meeting on Monday, December 17, 2018, we will discuss the following cases:

Laerdal Medical Corp. v. ITC (CAFC December 7th, 2018 here). Laerdal appealed from a U.S. International Trade Commission’s final determination denying Laerdal relief based on claims of trade dress infringement against defaulting respondents. The ITC investigated the defaulting parties, but the Commission concluded that Laerdal’s trade dress allegations had not been adequately pleaded and therefore did not give a remedy. The CAFC disagreed with the Commission, holding the ITC erred in reassessing the sufficiency of Laerdal’s complaint against defaulting respondents post-institution and in failing to assess the appropriate remedy to impose under the circumstances. The CAFC reversed the ITC’s determination as to Laerdal’s trade dress claims and vacated and remanded for the ITC to determine the proper remedy.

Capitol Records v. ReDigi (2nd Cir. 2018 here) Defendant ReDigi, Inc. appealed from a judgment in the United States District Court for the Southern District of New York in favor of three record company Plaintiffs, finding copyright infringement. Defendants created an Internet platform designed to enable the lawful resale, under the first sale doctrine, of lawfully purchased digital music files, and had hosted resales of such files on its platform. The district court concluded that, notwithstanding the first sale doctrine ReDigi’s Internet platform infringed Plaintiffs’ copyrights by enabling the resale of such digital files containing sound recordings of Plaintiffs’ copyrighted music. The Second Circuit affirmed.

All are invited to join us on Monday December 17, 2018, 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.