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On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in Signature Mgmt. Team, LLC v. Doe, 876 F.3d 831 (6th Cir. 2017). The case involved a John Doe defendant’s effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff’s business training manual. John Doe argued that anonymity should be maintained since he offered protected speech under the First Amendment concomitant to infringing speech, even though plaintiff’s competing interest in enforcing its remedy would arguably be impeded. The instant case was not sui generis insofar as it concerned a John Doe defendant seeking to maintain anonymity based on Internet speech; these issues have been a hallmark of the Internet journalism age. However, the Sixth Circuit did break new ground in determining the limit of anonymity for copyright infringement post-judgment.
By J. Alexander Lawrence
Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.
By Connor Tucker
The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
By Veronica Mullally Munoz
By Jeffrey S. Ginsberg
SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA
New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for Inter Partes Review