Follow Us
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In the opening paragraph of Flo & Eddie v. Sirius XM Radio, No. 17-55844, decided Aug. 23, 2021, the Ninth Circuit aptly described the “patchwork quilt of federal and state copyright laws” governing pre-1972 sound recordings as a “ball of confusion,” borrowing the title of a classic 1970 Temptations record. (The remainder of the Ninth Circuit’s opinion incorporates the titles of many other pre-1972 recordings into its analysis, all shown in boldface type in the discussion that follows.) The opinion resolves an eight-year, multi-Circuit class action brought by owners of pre-1972 recordings (collectively, Flo & Eddie) against satellite radio provider Sirius XM, with plaintiffs asserting — ultimately without success — a right to be paid royalties for defendant’s past digital transmissions of their pre-1972 recordings.
*May exclude premium content
By Li-Jen Shen, Cory Smith and George C. Chen
The Trademark Trial and Appeal Board (TTAB) has finally filled a gap left by the U.S. Court of Appeals for the Federal Circuit in the standard for finding deceptive intent when trying to prove fraud on the USPTO.
NFTs and Virtual Patent Marking
By Willem Klein
Patent marking is an important step in the patent lifecycle as it is generally required to seek damages from infringers prior to the date the suit is filed. While virtual marking has somewhat reduced the overhead of marking, it suffers from the same problems all Internet-based evidence runs into in court: websites are ephemeral and have intermittent accessibility, as well as poor public logging of when information existed where, and for how long. NFTs on a digital blockchain could potentially overcome these hurdles, while still providing the benefits of virtual marking via websites.
By Joshua R. Stein and Jeffrey S. Ginsberg
Pair of Federal Circuit Decisions Address Standing to Appeal Adverse IPR Decision
Using Financial Intelligence to Gain a Competitive Advantage
By Ari Kaplan
Many law firm finance leaders are using data to drive change in their organizations, amplifying the power of profitability, and leveraging their skill to fuel innovation. Ultimately, they are helping their firms gain a competitive advantage.
Copyright © ALM Media Properties, LLC. All Rights Reserved.
