- Volume 14, Issue #24
- High Court Asked To Decide If Nontaxable Costs Can Be Awarded Under Copyright Act
WASHINGTON, D.C. - In a May 31 petition for certiorari, a software support firm argues that a prevailing party can be awarded only taxable, not nontaxable costs, under the Copyright, asking the U.S. Supreme Court to resolve a difference of opinions among the circuit courts of appeal on the issue (Rimini Street Inc., et al. v. Oracle USA Inc., et al.., No. 17-1625, U.S. Sup.).
- News Service Seeks Review Of Copyright Registration Requirement For Litigation
WASHINGTON, D.C. - Responding to a U.S. government amicus curiae brief, a news organization in a June 5 supplemental brief to the U.S. Supreme Court maintains that its petition for certiorari should be granted to resolve a circuit split over whether a copyright applicant is entitled to sue for infringement prior to achieving registration (Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, et al., No. 17-571, U.S. Sup.).
- Amici Support Google's Rehearing Petition In Java Fair Use Dispute With Oracle
WASHINGTON, D.C. - Nonprofit organizations The Electronic Frontier Foundation (EFF) and Public Knowledge (PK) were among the interested parties that filed amicus curiae briefs with the Federal Circuit U.S. Court of Appeals on June 11 and 12 in support of Google LLC's petition for rehearing en banc, arguing that a panel ruling over Google's use of Java technology in its Android smartphone operating system ignored fair use case law and could have a detrimental impact on technological innovations (Oracle America Inc. v. Google LLC, Nos. 17-1118, -1202, Fed. Cir.).
- VidAngel To 9th Circuit: Studios' Conspiracy Against Filterers Plausibly Alleged
SAN FRANCISCO - Online video-filtering service provider VidAngel Inc. argues in a June 1 reply brief to the Ninth Circuit U.S. Court of Appeals that its antitrust counterclaims in a copyright dispute were wrongly dismissed because it plausibly alleged a conspiracy by the plaintiff movie studios to boycott filtering services despite public demand for such services (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 17-56665, 9th Cir.).
- Patent Owner Challenges Board Combination Of Handbooks With Prior Art
WASHINGTON, D.C. - In a May 30 reply brief, a patent owner argues against findings by the Patent Trial and Appeal Board that a patented technology used in oil and gas wells would have been obvious to a person of skill in the art, based upon a combination of teachings in three reference books with three primary art references (Enventure Global Technology Inc. v. Mohawk Energy Ltd., No. 18-1356, Fed. Cir.).
- Validity Of Vibration- Damping Device Debated Before Federal Circuit
WASHINGTON, D.C. - An inter partes review (IPR) petitioner is disputing a decision by the Patent Trial and Appeal Board to allow substitute claims based on unexpected results, according to a recently filed brief before the Federal Circuit U.S. Court of Appeals (Valeo North America, Inc. and Valeo Embrayages v. Schaeffler Technologies AG & CO KG, Nos. 2018-1196, -1228, Fed. Cir.).
- Parties Dispute Holdings In Consolidated Dispute Over Delzicol Capsule
WASHINGTON, D.C. - A Texas federal magistrate judge's sua sponte construction of "gelling agent" as excluding water was erroneous, the licensee and owner of a patent covering the ulcerative colitis drug Delzicol maintain in an appeal to the Federal Circuit U.S. Court of Appeals (Allergan Pharmaceuticals International Ltd., et al. v. Teva Pharmaceuticals USA Inc., et al., No. 18-1241, Fed. Cir.).