Richard (Rick) Evans
Subscribe to Richard (Rick) Evans's PostsRichard (Rick) Evans focuses his practice on intellectual property litigation matters, particularly in life sciences and litigation under the Hatch-Waxman Act. Read Rick Evans's full bio.
La vida loca: First Circuit vacates summary judgment entered before meaningful discovery
By Richard (Rick) Evans on Jul 1, 2026
Posted In Copyrights
The US Court of Appeals for the First Circuit vacated summary judgment in favor of singer Ricky Martin in a copyright infringement action, concluding that the district court improperly resolved key factual issues without allowing the plaintiff to obtain discovery. The Court also vacated the district court’s order invalidating the plaintiff’s copyright registration because that...
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Double trouble: Proposed IPR institution changes would limit duplicative proceedings
By Richard (Rick) Evans on Oct 23, 2025
Posted In America Invents Act, Patents
The United States Patent and Trademark Office (USPTO) proposed changes to the rules governing inter partes reviews (IPRs) before the Patent Trial & Appeal Board, including setting limits on use of IPR proceedings for patent claims that have already been challenged in a prior proceeding. According to the USPTO, the proposal is aimed at preventing...
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To kill a derivative: Licensee has no post-termination copyright control
By Richard (Rick) Evans on Aug 7, 2025
Posted In Copyrights
Addressing a dispute concerning two derivative stage adaptations of Harper Lee’s To Kill a Mockingbird, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of declaratory relief, finding that the plaintiff did not infringe any copyright interest in derivative works following the termination of the defendant’s exclusive licensing grant. Atticus...
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