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.
A Closed Book: No Past Infringement, No Reading Between the Lines into the Future
By Jodi Benassi on Feb 18, 2021
Posted In Copyrights
The US Court of Appeals for the Sixth Circuit affirmed a district court’s grant of summary judgment in favor of the defendant, finding no current or future copyright infringement. OverDrive Inc. v. Open E-Book Forum dba International Digital Publishing Forum, Case No. 20-3432 (6th Cir. Jan. 27, 2021) (Sutton, J.) OverDrive is a digital reading...
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2020 IP Law Year in Review: Copyrights
By Tina Martini, Jodi Benassi and Cecilia Choy on Feb 2, 2021
Posted In Copyrights
Executive Summary Copyright jurisprudence in 2020 was, in many ways, a study in the scope of copyright protection. While certain courts brought century-year-old precedent to the forefront to interpret the scope of copyrights, other courts ruled overruled 40 years of precedent to even the playing field between popular works and works that are less known....
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How Not to Build a Case of Trade Secret Misappropriation
By Jodi Benassi on Jan 14, 2021
Posted In Patents, Trade Secrets
The US Court of Appeals for the Ninth Circuit affirmed a dismissal of trade secret claims, finding that although misappropriation of a trade secret prior to the enactment of the Defend Trade Secrets Act (DTSA) does not preclude a claim arising from post-enactment or continued use of the same trade secret, the publication of a...
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IP Implications of the Consolidated Appropriations Act, 2021
By Jodi Benassi on Jan 14, 2021
Posted In Copyrights, Patents, Trademarks
On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided below. Patents – Section 325 Biological Product Patent Transparency 42 USC § 262(k) was amended to require that the US Food and...
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To Die For – New York Recognizes Publicity Rights of Deceased Performers.
By Jodi Benassi on Dec 17, 2020
Posted In Uncategorized
On November 20, 2020, New York Governor Andrew Cuomo signed into law Senate Bill S5959D, a law that is highly important for New York based recording artists, actors, and other celebrities. The new law recognizes post-mortem rights of publicity to protect deceased performers from exploitation of their likeness for 40 years after death. Specifically, the...
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Two Turntables, No Microphone: Using Technical Diagram Is Not Copyright Infringement
By Jodi Benassi on Dec 10, 2020
Posted In Copyrights
The US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment grant with respect to a copyright infringement claim related to technical drawings, and reversed the court’s summary judgment grant related to software source code. RJ Control Consultants, Inc. et al. v. Multiject, LLC, et al., Case No. 20-1009 (6th Cir....
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A Clear Need: To Allege Misappropriation, Identify Trade Secret
By Jodi Benassi on Oct 29, 2020
Posted In Trade Secrets
The US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment, finding that the plaintiff had sufficiently pled trade secret misappropriation by identifying its trade secrets and how they were protected with sufficient particularity. InteliClear, LLC v. ETC Global Holdings, Inc., Case No. 19-55862 (9th Cir. Oct. 15, 2020)...
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Inventor Uses Abstention to Avoid Getting “Screwed”
By Jodi Benassi on Oct 22, 2020
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the dismissal of a declaratory judgment complaint related to patent validity under the federal abstention doctrine because the issue had been decided in state court. Warsaw Orthopedic, Medtronic Inc., et al. v. Rick C. Sasso, M.D., Case No. 19-1583 (Fed. Cir. Oct. 14, 2020) (Newman,...
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Jersey Boys Don’t Cry: No Copyright Protection for Facts “Based on a True Story”
By Jodi Benassi on Sep 16, 2020
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of judgment as a matter of law finding that the musical Jersey Boys did not infringe a copyright held in an autobiography of band member Tommy DeVito. Donna Corbello v. Frankie Valli, et al., Case No. 17-16337 (9th Cir. Sept. 8,...
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Liability for Copyright Infringement Attaches if Conduct Exceeds Scope of License
By Jodi Benassi on Sep 2, 2020
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit revived a software owner’s copyright infringement suit because the district court erred in granting summary judgment of no infringement by failing to analyze whether the accused infringer exceeded the scope of a copyright license. Oracle America, Inc., et al. v. Hewlett Packard Enterprise Company, Case No....
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