1. Brayton
Purcell LLP v. Recordon & Recordon, No. 07-15383, UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT, 606 F.3d 1124; 2010 U.S. App. LEXIS 10928; 94
U.S.P.Q.2D (BNA) 1808, October 21, 2008, Argued and Submitted, San Francisco,
California, May 28, 2010, Filed
OVERVIEW:
Where plaintiff
Northern California law firm alleged that defendant San Diego law firm engaged
in copyright infringement by making commercial use of plaintiff's website to
compete for clients, plaintiff satisfied the "purposeful direction"
prong for personal jurisdiction in the Northern District of California pursuant
to 28 U.S.C.S. § 1404(a).
CORE
TERMS: website,
venue, elder, aiming, personal jurisdiction, targeting, beaches, passive,
intentional act, aimed ...
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2. Berry
v. Deutsche Bank Trust Co. Ams., No. 08-5882-cv, UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT, 2010 U.S. App. LEXIS 10712, May 26, 2010,
Decided, PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1
GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
CORE
TERMS: summary
judgment, copyright infringement, Copyright Act, res judicata, failure to state
a claim, de novo, defendant-appellee, contributory, quotation, infringer
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3. Cosmetic
Ideas, Inc. v. IAC/InteractiveCorp, No. 08-56079, UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT, 606 F.3d 612; 2010 U.S. App. LEXIS 10555; 94
U.S.P.Q.2D (BNA) 1735; Copy. L. Rep. (CCH) P29,935, April 27, 2010,
Resubmitted, Pasadena, California, May 25, 2010, Filed
OVERVIEW:
A plaintiff who
applied to register a copyright, then sued an alleged infringer before the
Copyright Office (CO) accepted the registration, stated the essential elements
of an infringement claim because, under the application approach, receipt by
the CO of a complete application satisfied the registration requirement in 17
U.S.C.S. § 411(a).
CORE
TERMS: registration,
register, certificate, infringement, registration requirement, necklace,
subject-matter, formality, deposit, notice ...
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4. Carter
v. ALK Holdings, Inc., 2008-1168, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 605 F.3d 1319; 2010 U.S. App. LEXIS 10456; 94 U.S.P.Q.2D (BNA)
1769, May 24, 2010, Decided
OVERVIEW:
Determination of
patent attorney's compliance with Manual of Patent Examination Procedure (MPEP)
and Code of Federal Regulations (CFR) was a necessary element of the
malpractice claim. Count VIII, which alleged violation of fiduciary duty,
involved a substantial question of federal patent law and, as to Fed. R. Civ.
P. 11, was not frivolous.
CORE
TERMS: patent,
inventor's, frivolous, patent law, practitioner, trademark, invention,
fiduciary duty, malpractice, federal law ...
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5. R.C.
Olmstead, Inc. v. CU Interface, LLC, No. 09-3428, UNITED STATES COURT OF
APPEALS FOR THE SIXTH CIRCUIT, 10a0148p.06;, 606 F.3d 262; 2010 U.S. App.
LEXIS 10172; 2010 FED App. 0148P (6th Cir.), April 28, 2010, Argued, May 19,
2010, Decided, May 19, 2010, Filed, As Amended May 24, 2010.Rehearing, en
banc, denied by Olmstead v. Cu, 2010 U.S. App. LEXIS 13117 (6th Cir., June 23,
2010)
OVERVIEW:
Because a software
developer's expert's report failed under Fed. R. Civ. P. 26(a)(2)(B)(i) for not
discussing the basis for concluding a competitor's software's similarities were
the result of copying, exclusion under Fed. R. Civ. P. 37(c)(1) was proper, and
absent evidence of copying, summary judgment on copyright infringement claim
was affirmed.
CORE
TERMS: software,
credit union, interface, trade secret, summary judgment, copying, similarity,
discovery, deposition, spoliation ...
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6. Miller
v. Holtzbrinck Publrs., L.L.C., 09-0919-cv, UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT, 2010 U.S. App. LEXIS 9893; Copy. L. Rep. (CCH) P29,926,
May 14, 2010, Decided, PLEASE REFER TO FEDERAL RULES OF APPELLATE
PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
OVERVIEW:
Dismissal of
plaintiff's complaint was affirmed because the federal Copyright Act preempted
plaintiff's claims of tortious interference or that the manuscript created by
plaintiff was improperly converted because of an unauthorized publication.
Plaintiff had not stated an actionable claim for fraud against an individual.
CORE
TERMS: Copyright
Act, fraud claim, law claim, preempted, preempt, promised, copyright
infringement, exclusive rights, tortious interference, cause of action ...
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7. Thomas
M. Gilbert Architects, P.C. v. Accent Builders & Developers, LLC, No.
08-2103, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 2010 U.S. App.
LEXIS 9299; Copy. L. Rep. (CCH) P29,927, October 28, 2009, Argued, May 6, 2010,
Decided, PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1
GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
OVERVIEW:
Court affirmed
summary judgment for plaintiff on defendants' fair use defense in a copyright
action because defendants' use of the architectural plans at issue was entirely
commercial and substantial, and plaintiff regularly charged for the kind of
changes that were made.
CORE
TERMS: license,
operating expenses, townhouse, summary judgment, infringer, misuse, implied
license, fair use, gross revenues, infringing ...
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8. Bauer
v. Yellen, No. 08-2838-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND
CIRCUIT, 2010 U.S. App. LEXIS 9068; Copy. L. Rep. (CCH) P29,924, May 3, 2010,
Decided, PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1
GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
OVERVIEW:
In a writer's
pro se copyright infringement suit, an award of attorney's fees pursuant to the
Copyright Act, 17 U.S.C.S. § 505, was not an abuse of discretion because her
claims were unreasonable given the lack of similarities between her script and
the allegedly infringing script; fees incurred to make ad hominem attacks had
to be deleted.
CORE
TERMS: award
of attorney's fees, attorneys' fees, script, pro se, fee award, quotation marks
omitted, notice of appeal, copyright infringement, ad hominem attacks,
finalizing ...
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9. Frank
Betz Assocs. v. J.O. Clark Constr., L.L.C., Civil Action No. 3:08-cv-00159,
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE, NASHVILLE
DIVISION, 2010 U.S. Dist. LEXIS 53437, May 30, 2010, Filed, Motion denied by
Frank Betz Assocs. v. J.O. Clark Constr., 2010 U.S. Dist. LEXIS 55193 (M.D.
Tenn., June 4, 2010)
CORE
TERMS: summary
judgment, derivative, registration, architectural, drawing, infringement,
copyrighted, infringing, copyright infringement, discovery ...
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Betz Assocs. v. J.O. Clark Constr., L.L.C.
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10. Harshaw
v. Bethany Christian Servs., Case No. 1:08-cv-104, UNITED STATES DISTRICT
COURT FOR THE WESTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION, 2010 U.S. Dist.
LEXIS 53121, May 28, 2010, Decided, May 28, 2010, Filed
CORE
TERMS: disclose,
summary judgment, medical records, misrepresentation, adoption agency,
concealment, russia, adoptive parents, negligent failure, disorder' ...
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