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Litigation

  • Despite the recession — or partly as a result of it — 2020 was also a year of growth for patent litigation in the United States. This article provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye toward current trends that in all likelihood will continue deep into 2021.

    March 01, 2021Rob Maier
  • In response to a copyright claim in the U.S. District Court for the Central District of California that the Netflix series Stranger Things infringed on Irish Rover Entertainment's unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of law.

    March 01, 2021Alan R. Friedman
  • The audit clause is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.

    March 01, 2021David Schnider
  • Online publication impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.

    March 01, 2021Jonathan Bick
  • The CASE Act fulfills the longstanding goal of the U.S. Copyright Office to establish a small claims court. The measure tasked the office with establishing the Copyright Claims Board and adopting governing regulations.

    March 01, 2021Scott Graham