Jodi Benassi
Subscribe to Jodi Benassi's PostsJodi Benassi focuses her practice on litigation and investigations. Jodi has experience in federal court district actions in California, Texas, Florida and Michigan and actions before the US Trademark Trial and Appeal Board (TTAB) of the US Patent and Trademark Office (USPTO). She has also conducted internal investigations on behalf of audit committees from high profile Fortune 500 organizations to Silicon Valley start-ups. Jodi Benassi's full bio.
Message to Judge Albright: Venue Motions Are First Order of Business
By Jodi Benassi on Nov 17, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a scheduling order from the US District Court for the Western District of Texas and directed the court to postpone fact discovery and other substantive proceedings until it considered a motion for transfer. In re: Apple Inc., Case No. 22-162 (Fed. Cir. Nov. 8, 2022)...
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Seeing Starz: No Damages Bar in Copyright Discovery Rule Case
By Jodi Benassi on Aug 4, 2022
Posted In Copyrights
The US Court of Appeal for the Ninth Circuit affirmed a district court’s denial of a motion to dismiss copyright infringement claims as barred by the statute of limitations, affirming the copyright owner’s right to sue even though more than three years had passed since the alleged infringement occurred. Starz Entertainment, LLC v. MGM Domestic...
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No Winners Here: A Case Can Have No Prevailing Party
By Jodi Benassi on Jul 21, 2022
Posted In Trademarks
In a matter of first impression, the US Court of Appeals for the Eleventh Circuit found that there may be no prevailing party for purposes of assessing costs and attorneys’ fees under Federal Rule of Civil Procedure 54(d). Royal Palm Properties, LLC v. Pink Palm Properties, LLC, Case No. 21-10872 (11th Cir. July 7, 2022)...
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Patent Infringement Verdict Nixed over Judge’s Stock Ownership
By Jodi Benassi on Jul 14, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s opinions and orders and remanded the case for further proceedings before a different district court judge because the original judge had failed to divest all financial interests in the case. Centripetal Networks, Inc. v. Cisco Systems, Inc., Case No. 21-1888 (Fed. Cir....
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There Should Be No Secret about Scope of Trade Secret Injunction
By Jodi Benassi on May 26, 2022
Posted In Trade Secrets
In the context of an interlocutory appeal, the US Court of Appeals for the Federal Circuit vacated a portion of a preliminary injunction in a case involving alleged misappropriation of trade secrets for failing to provide sufficient specificity as to what it prohibits. Carl Zeiss Meditec, Inc. v. Topcon Medical Systems, Inc. et al., Case...
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The Perils of Falling in Love
By Jodi Benassi on May 12, 2022
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit that sought a declaratory judgment on the basis that a notice of termination of copyright assignment under 17 U.S.C. § 203 did not validly terminate a 1983 grant of rights in the copyright. Valentina M. Peretti Acuti, et al. v....
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First Sale Defense Bars Trademark Infringement Where Trademarked Component Is Adequately Disclosed
By Jodi Benassi on Apr 14, 2022
Posted In Trademarks
A US Court of Appeals for the Ninth Circuit panel vacated a grant of summary judgment in favor of the plaintiff, holding that the first sale doctrine applies when a trademarked product is incorporated into a new product. Bluetooth SIG Inc. v. FCA US LLC, Case No. 21-35561 (9th Cir. Apr. 6, 2022) (per curiam)....
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So You Wanna Play with Copyright? “Joyful Noise” Ostinato Isn’t Original Expression
By Jodi Benassi on Mar 24, 2022
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit affirmed a district court’s order vacating a jury award of damages for copyright infringement and granting judgment as a matter of law, explaining that the musical work alleged to have been copied did not qualify as an original work of authorship but consisted only of “commonplace...
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Copyright Claims Board Clarifies Service Rules and Opt-Outs
By Jodi Benassi on Mar 17, 2022
Posted In Copyrights
The US Copyright Office issued two final rules for how companies can designate agents to receive claims and how libraries can preemptively opt out of claims before the Copyright Claims Board (CCB). The agency has been drafting rules governing the CCB since it was established in 2020. The new venue is designed to serve as...
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Paradise Lost: Art Created by AI Is Ineligible for Copyright Protection
By Jodi Benassi on Mar 3, 2022
Posted In Copyrights
The US Copyright Office Review Board (“Board”) rejected a request to register a computer-generated image of a landscape for copyright protection, explaining that a work must be created by a human being to obtain a copyright. Second Request for Reconsideration for Refusal to Register A Recent Entrance to Paradise (Copyright Review Board Feb. 14, 2022)...
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