Rodney Swartz, PhD

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Rodney Swartz, PhD, focuses his practice on intellectual property matters, including intellectual property litigation and consulting on intellectual property terms for commercial and government contracts. Read Rodney Swartz's full bio.

‘Show Me The Money’ Isn’t Enough: Disproportionate $1.7M Attorneys’ Fees Rejected

By on Jun 22, 2023
Posted In Copyrights

The US Court of Appeals for the Ninth Circuit reversed and remanded a $1.7 million award of attorneys’ fees, finding the amount unreasonable compared to the benefit the plaintiffs received. Lowery v. Rhapsody International, Inc., Case No. 22-15162 (9th Cir. June 7, 2023) (Smith, Collins, Lee, JJ.) Streaming music providers such as Apple Music, Spotify...

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Show Your Work: PTO Director’s Procedure for Issuing Instructions Is Reviewable

By on Mar 23, 2023
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed the district court’s finding under the Administrative Procedure Act (APA) that the substance of the US Patent & Trademark Office (PTO) Director’s instructions is unreviewable but reversed the finding that the cloak of unreviewability extended to the procedure used in issuing the instructions. Apple v....

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Sleep Better: Amendments Proposed during IPR Deemed Proper and Valid

By on Nov 29, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s (Board) finding that proposed amendments made during an inter partes review (IPR) are valid and proper despite the inclusion of changes not related to patentability issues raised in the petition. Nat’l Mfg., Inc. v. Sleep No. Corp., Case No....

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DMCA Scienter Requirement Not Satisfied without Evidence of Knowledge of Inducement or Concealment

By on Sep 1, 2022
Posted In Copyrights

Interpreting a provision of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1202(b), for the first time, the US Court of Appeals for the Eleventh Circuit affirmed a summary judgment ruling that the plaintiff failed to satisfy the second scienter requirement of § 1202(b) by not showing that the defendant knew, or had reasonable...

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