One of the most persistent problems encountered in e-discovery is that when all you have is a hammer, everything looks like a nail. As a result, in-house teams that have been subject to resource constraints and staff reductions must approach their litigation more thoughtfully and creatively than ever before. They need to establish an e-discovery "bucket list" that contains both new tools and basic processes to use when things go pear shaped.
Google's mass-copying of copyrighted works to build a digital library of more than 20 million books is shielded by the fair use doctrine, Judge Denny Chin ruled on Nov. 14.
Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.
LinkedIn Post Likely Did Not Violate Non-Compete Clause
Virtual Currency Is Real Dough
For decades, litigation was typically associated with large paper files piled on conference tables and oversized boxes being wheeled into courtrooms. The closest thing to technology that many people ever connected to litigation was a Dictaphone used to narrate notes for transcription.
Franchisor's Operation of Online Store does not Violate Exclusivity
Federal Court Declines To Enjoin Franchisee from Violating Non-Compete
A federal judge in Minnesota signed off on a hotly contested $50 million settlement between the National Football League and former players who said the league infringed their publicity rights. The ruling was a blow to a group of plaintiffs' lawyers who lodged objections to the deal, calling it inadequate.
New Patent Litigation Reform Bills Introduced
U.S. Supreme Court Hears Oral Argument on Burden Of Proof for Licensee-DJ Plaintiff
A Split Federal Circuit Denies En Banc Rehearing In Case Involving Finality Of a Judicial Decision
Federal Circuit Explains Exhaustion of Method Patents
Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award. What are the burdens of proof when a copyright infringement plaintiff seeks this recovery after a pre-trial summary judgment motion has been filed? How does an expert's report work into this?
On Oct. 25, 2013, the Federal Circuit, by a vote of six-to-five, denied rehearing en banc in Commil USA, LLC v. Cisco Sys., Inc., (Commil II). That decision left intact the panel's holding, in a case of first impression, that an alleged indirect infringer's "good-faith belief of invalidity may negate the requisite intent for induced infringement."
