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Ricky Martin’s “Vida” Lives On, but Plaintiff Will Get Another Shot at It

by Eleanor B. Atkins | Apr 30, 2020 | Copyrights

Addressing whether a copyright infringement claim should be dismissed with prejudice where the plaintiff failed to register his copyright prior to filing the lawsuit, the US Court of Appeals for the First Circuit held that dismissal is too harsh, remanding the case for consideration of whether the claim should be dismissed without prejudice or if the plaintiff should be entitled to supplemental allegations. Cortes-Ramos v. Martin-Morales, Case No. 19-1358 (1st Cir. Apr. 13, 2020) (Dyk, J.[1]).

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About the Editors

by John Colianne | Apr 17, 2020 |

Results for "Copyright" Paul Devinsky
Counsel
Washington, DC
+1 202 756 8369
pdevinsky@mwe.com

Paul Devinsky advises clients on patent, trademark and trademark litigation and counseling, as well as copyright counseling. He is also active in intellectual property (IP) licensing, transactions and due diligence, as well as post-issuance US Patent and Trademark Office (USPTO) proceedings such as reissues and inter partes review, covered business method patent review and post grant review, and appellate (Federal Circuit) advocacy. Read Paul’s full bio.

Amol Parikh
Partner
Chicago
+1 312 984 6477
amparikh@mwe.com

Amol Parikh concentrates his practice on intellectual property litigation, counseling and procurement. He draws on his trial and litigation experience in combination with his engineering training to quickly identify intellectual property issues and develop creative strategies to address them. Amol’s work on behalf of clients has earned him recognition in many industry publications. Read Amol’s full bio.

Jodi Benassi
Partner
San Francisco
+1 628 218 3896
jbenassi@mwe.com

Jodi Benassi focuses her practice on intellectual property litigation. She has successfully represented companies ranging from Fortune 100 companies to emerging startups in a broad range of industries, including technology, entertainment, finance, beverage, pharmaceutical and life sciences. Read Jodi’s full bio. Search for: BLOG EDITORS

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About Us

by John Colianne | Apr 17, 2020 |

Results for "Copyright"

McDermott Will & Emery’s IP Update blog highlights the latest cases and legislative issues shaping intellectual property (IP), including patents, trademarks, trade secrets, copyrights and more.

Combining a deep knowledge of IP law and business savvy, McDermott’s IP team serves as our clients’ secret weapon in the courtroom and the boardroom for IP litigation, licensing, monetization and strategic portfolio development. With a team of more than 100 IP lawyers and professionals, we earn major patent and trademark victories in dozens of district and appellate courts. Whether you’re building the next iconic brand, protecting game-changing new technology or creating new revenue streams from your established IP assets, we can help you achieve your business goals at every stage of the IP lifecycle.

Our team is known for delivering business-driven solutions and innovative ideas to keep our clients ahead of the competition in jurisdictions around the world. In the last five years, we have handled more than 225 patent cases and led more than 100 trademark and copyright cases in US District Courts, and conducted more than 125 proceedings before the Patent Trial and Appeal Board. We protect and manage the IP portfolios of some of the world’s most notable innovators, and we marry our legal and technical expertise at the deal table to maximize value and minimize risk to our clients’ valuable IP assets. To us, an engagement isn’t just a matter; it’s a partnership. Central to our approach is investing deeply in your business to develop strategies that fully leverage your IP assets and give you a strategic advantage in today’s competitive global market.

If you have questions or topic suggestions, please let us know via the Contact form, or reach out to one of our editors directly.

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2019 IP Law Year in Review: European Issues

by Dr. Philip Uecker, Laura Morelli, Dr. Henrik Holzapfel, Charles de Raignac and Paul Devinsky | Feb 13, 2020 | Copyrights, Patents, Trademarks

Executive Summary

The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council adopted in April 17, 2019, a controversial directive (Directive 2019/790 on copyright and related rights in the Digital Single Market) imposing on online content-sharing service providers—such as YouTube—a new liability system, based on popularity, time and turnover criteria. This directive was created to encourage these service providers to make greater efforts in fighting copyright counterfeiting on their platforms. In France, the PACTE law, which went into force on May 22, 2019, introduced new material changes—namely the strengthening of the French patent office granting procedure (extension of examination scope) and the introduction of patent opposition proceedings before the French patent office. These two legislations greatly influenced EU and French IP law across the year.

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No Statutory Damages Even When Post-Registration Acts Violate a Different Exclusive Right from Pre-Registration Acts

by McDermott Will & Emery | Jan 29, 2020 | Copyrights

The US Court of Appeals for the Fifth Circuit has reversed a district court ruling awarding statutory copyright damages for pre-registration infringements, explaining that the statute bars such an award even when the post-registration infringement of exclusive rights of the copyright holder is different from the pre-registration act(s). Southern Credentialing Support Services, LLC v. Hammond Surgical Hospital, LLC, Case No. 18-31160 (5th Cir. Jan. 9, 2020) (Costa, J.). This case analyzes § 412 of the US Copyright Act, which bars an award of statutory damages for infringements commenced prior to registration of a copyright.

Credentialing is a process doctors must complete to practice at hospitals, and credentialing service providers verify the information doctors provide. Southern Credentialing Support Services (SCSS) began providing credentialing services to Hammond in 2010, and designed two packets of custom forms for credentialing uses by Hammond. After SCSS stopped providing services to Hammond in 2013, Hammond contracted with another provider for credentialing services and continued to use some of the forms developed by SCSS. By 2017, the new provider for Hammond had also made the SCSS forms available online. SCSS did not obtain copyright registration for its forms until 2014, after learning that Hammond was still using some of the SCSS forms. After the parties failed to resolve the dispute amicably, SCSS sued Hammond for copyright infringement.

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IPR Institution Requires Reasonable Likelihood that Reference Is Printed Publication

by Paul Devinsky | Jan 22, 2020 | America Invents Act

In a precedential opinion, the Patent Trial and Appeal Board (PTAB) held that, for institution of an inter partes review (IPR) based on a printed publication, the petitioner must establish a reasonable likelihood that the reference is a printed publication. Hulu, LLC v. Sound View Innovations, LLC, Case No. IPR2018-01039 (PTAB Dec. 20, 2019) (Boalick, CAPJ).

Hulu petitioned for IPR, challenging a Sound View patent and asserting obviousness over a prior art reference textbook by Dougherty. Sound View filed a preliminary response challenging Hulu’s showing that Dougherty was publicly available before the filing date of the challenged patent. The PTAB denied institution, finding insufficient evidence that Dougherty was publicly accessible.

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Copycat Fight: Office Depot Isn’t ‘Licensee’ of Materials Copied for Customers

by Katie Bukrinsky | Jan 22, 2020 | Copyrights

The US Court of Appeals for the Ninth Circuit affirmed a district court dismissal of a lawsuit brought by a nonprofit licensor of copyrighted math materials against a commercial duplicating company that copied the materials for licensee school districts for a fee. Great Minds v. Office Depot, Inc., Case. No. 18-55331 (9th Cir. Dec. 27, 2019) (Farris, J).

Great Minds publishes a copyrighted math curriculum called Eureka Math, which it licenses royalty-free to schools and school districts for “noncommercial” uses. The licensees are permitted to make copies of the materials for their own use. Great Minds reserves the right to collect royalties when the materials are used for “other than noncommercial” purposes.

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