Intellectual Property

Recent Posts

Supreme Court Takes Up Patent Inventorship Dispute
Posted on 1 Nov 2010 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) Four months after inviting the views of the U.S. solicitor general, the U.S. Supreme Court on Nov. 1 agreed to hear a case that could better define the rights of federal contractor universities in patent disputes arising... Read More

Supreme Court Takes Up Patent Inventorship Dispute
Posted on 1 Nov 2010 by Melissa Ritti

WASHINGTON, D.C. - (Mealey's) Four months after inviting the views of the U.S. solicitor general, the U.S. Supreme Court on Nov. 1 agreed to hear a case that could better define the rights of federal contractor universities in patent disputes arising... Read More

Video Interview About Peer to Peer Sharing
Posted on 11 Jun 2010 by David Nimmer

This is the first in a series of short videos that will post over the next two weeks. I describe the basic issue behind the peer to peer debate and am curious to get your feedback. Where do you think this whole thing will go? Watch the video here... Read More

Jury Awards Oracle $1.3 Billion In Copyright Dispute
Posted on 24 Nov 2010 by Mark Rogers

OAKLAND, Calif. - (Mealey's) After an 11-day trial, a jury in the U.S. District Court for the Northern District of California on November 23 determined that Oracle USA Inc. was entitled to $1.3 billion in actual damages in the form of a fair market... Read More

Video Interview About Peer to Peer Sharing
Posted on 11 Jun 2010 by David Nimmer

This is the first in a series of short videos that will post over the next two weeks. I describe the basic issue behind the peer to peer debate and am curious to get your feedback. Where do you think this whole thing will go? Watch the video here . Read More

Nimmer on Copyright and Milgrim on Licensing Cited in 9th Circuit Decision
Posted on 31 Jul 2015 by LexisNexis Legal Newsroom Staff

The U.S. Court of Appeals for the 9 th Circuit cited both Nimmer on Copyright and Milgrim on Licensing in Minden Pictures v. John Wiley & Sons , 2015 U.S. App. LEXIS 13197, its July 29 decision addressing standing of a photography licensing agency... Read More

Mardi Gras –Costumes? Creations? Couture? A New Sort of Revelry
Posted on 29 Mar 2010 by Henry Z. Horbaczewski and Iris C. Geik

When is a costume, well, just not a costume? That would be Mardi Gras - New Orleans, some of the revelers claim. In a decision that has long had many raising their eyebrows (pasted on or real) costumes have long been considered not protectable under... Read More

The DMCA De-Fanged: Why Software Developers Need to Register Their Software With the Copyright Office
Posted on 29 Nov 2010 by Thomas Carey

In this Emerging Issues commentary, Thomas C. Carey, a partner at Sunstein Kann Murphy & Timbers LLP, discusses a recent federal court case, MGE UPS Sys. v. GE Consumer & Indus., 612 F.3d 760 (5th Cir. Tex. 2010) , and its revised opinion, MGE... Read More

Collins on Registration Requirements of 17 U.S.C. § 411(a): Reed Elsevier, Inc. v. Muchnick
Posted on 29 Mar 2010 by Catriona M. Collins

Before the Supreme Court’s decision in Reed Elsevier, Inc. v. Muchnick , 176 L. Ed. 2d 18 (U.S. 2010) , 17 USCS § 411 (a)’s registration requirement had been widely regarded as "jurisdictional." In Muchnick , the Supreme Court... Read More

Peer to Peer Sharing: The Best of Connected
Posted on 17 Jun 2010 by Martindale-Hubbell Connected

What is peer to peer sharing? In the post, The Dangers of Downloading , we said, "[p]eer to Peer sharing involves any distributed network composed of users that make a portion of their resources available to other users on that network." In... Read More

Video Interview About Peer to Peer Sharing
Posted on 11 Jun 2010 by David Nimmer

This is the first in a series of short videos that will post over the next two weeks. I describe the basic issue behind the peer to peer debate and am curious to get your feedback. Where do you think this whole thing will go? Watch the video here... Read More

Supreme Court Issues Split Ruling In Fair Use Copyright Dispute
Posted on 13 Dec 2010 by Melissa Ritti

WASHINGTON, D.C. -- (Mealey's) A divided U.S. Supreme Court on Dec. 13 allowed to stand a Ninth Circuit U.S. Court of Appeals ruling that the Copyright Act's first-sale doctrine does not apply to goods lawfully manufactured abroad and then sold... Read More

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 11 - 15
Posted on 21 Dec 2010 by Copyright & Trademark Law Community Staff

11. Toyota Motor Sales: Internet Shoppers Rarely Confused by Trademark Use in Domain Names In a lively opinion displaying unusual judicial sophistication regarding the Internet, the Ninth Circuit rules that domain names buy-a-lexus.com and buyorleaselexus... Read More

Westermeier on The Non-Assignability of Open Source Software Licenses
Posted on 22 Mar 2010 by J. (Jay) T. Westermeier

Open source software licenses are copyright licenses. The open source software is copyrightable subject matter, and the open source license specifies the extent to which "copying" is permitted and under what terms and conditions. In this Analysis... Read More

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 6 - 10
Posted on 22 Dec 2010 by Copyright & Trademark Law Community Staff

6. Alterations to the Design Piracy Prohibition Act: Innovative Design Protection and Piracy Prevention Act ("IDPPPA") Design piracy has long been considered a problem by some in the fashion industry and a boon by others. Other than trademarked... Read More