LJN Newsletters

  • Agfa Corp. v. Creo Prods. Inc.: Did the Court's Decision Change a Patentee's Right to a Jury Trial on the Issue of Inequitable Conduct?

    In Agfa Corp. v. Creo Prods. Inc., 451 F.3d 1366 (Fed. Cir. 2006), a non-unanimous panel of the Court of Appeals for the Federal Circuit ('CAFC') issued an opinion affirming a district court's decision to conduct a bench trial on the defense of inequitable conduct, in spite of the patentee's request for a jury trial, prior to holding a jury trial on patent infringement, patent invalidity, and all other issues in the case. The dissenting member of the panel disagreed with the majority's decision that the patentee in this case did not have a right to a jury trial on the issue of inequitable conduct and suggested that the CAFC majority opinion in Agfa changed precedent established in a prior decision. In deciding Agfa, the majority analyzed the CAFC's decision in Gardco Mfg. v. Herst Lighting Co., 820 F.2d 1209 (Fed. Cir. 1987) and determined that it applied to the case in Agfa. The majority also distinguished the CAFC decision in In re Lockwood, 50 F.3d 966 (Fed. Cir. 1995), vacated, 515 U.S. 1182 (1995), as inapplicable to the equitable issue in question in Agfa. Conversely, the dissenting panel member argued that the CAFC's decision in Lockwood was indeed applicable to the issues in Agfa. This article reviews the above cases with the goal of determining if the CAFC decision in Agfa is indeed a departure from its previous jurisprudence concerning a patentee's right to a jury trial on the issue of equitable conduct.

    September 28, 2006Dion Messer

  • News Briefs

    Highlights of the latest franchising news from around the country.

    September 28, 2006ALM Staff | Law Journal Newsletters |

  • Bit Parts

    Copyright Infringement/Expert Witnesses
    Copyright Infringement/Substantial Similarity
    Copyright Infringement/Summary Judgment
    Intellectual Property Rights/Community Property
    Royalty Suits/Motion to Dismiss
    Video-Game Laws/Constitutionality
    Upcoming Events

    September 28, 2006Stan Soocher

  • Court Watch

    Highlights of the latest franchising cases from around the country.

    September 28, 2006Joshua G. Galante

  • Courthouse Steps

    Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.

    September 28, 2006ALM Staff | Law Journal Newsletters |

  • Counsel Concerns

    The U.S. District Court for the Eastern District of Pennsylvania decided it has supplemental jurisdiction over a legal malpractice claim included in a suit over renewal rights to the 1970s hit 'Disco Inferno.' Dimensional Music Publishing LLC v. Kersey.

    September 28, 2006ALM Staff | Law Journal Newsletters |

  • Role for Patents In Videogame Industry

    For videogame developers, publishers and investors, the most important asset is the intellectual property rights they own or control in a game. All of the elements of a videogame ' the story, audiovisual elements, underlying computer code and even 'gameplay' elements (ie, that specify the way a user interacts with and experiences a game) ' are subject to one or more forms of intellectual property protection. Traditionally, intellectual property protection for videogames has been based upon either trade secret, copyright or trademark. Patents, however, are quickly becoming an important part of the videogame industry.

    September 28, 2006Gregory P. Silberman

  • Cameo Clips

    BANKRUPTCY PRIORITIES/PAYMENTS TO MUSICIANS
    BANKRUPTCY/COPYRIGHT STATUTORY DAMAGES
    COPYRIGHT OWNERSHIP/DERIVATIVE WORKS
    MUSICAL COMPOSITIONS/PUBLIC PERFORMANCE

    September 28, 2006ALM Staff | Law Journal Newsletters |

  • Decision of Note: Burden on Plaintiff for Contingent Fees

    The Court of Appeal of California, Second District, Division Five, found that the trial court didn't err in refusing to shift the burden of proof to defendant NBC Studios in a suit for contingent compensation by the executive producers of the TV series 'The Profiler.' Sanders/Moses Productions Inc. v. NBC Studios Inc.

    September 28, 2006ALM Staff | Law Journal Newsletters |

  • Case Study Infringement Suit over Rap Song Offers Useful Tips for Litigators

    Copyright-infringement suits in which plaintiff accuses defendant of improperly taking from the plaintiff to create the defendant's work are common in the entertainment industry. But even with the frequency and long history of this type of litigation, infringement principles continue to develop as litigators face many substantive and procedural challenges. In the following interview, conducted by Entertainment Law & Finance Editor-in-Chief Stan Soocher, veteran entertainment-litigator Christine Lepera ' a partner in the New York office of Sonnenschein Nath & Rosenthal LLP ' discusses infringement litigation issues from her perspective as defense counsel in the copyright suit that was filed in the U.S. District Court for the Southern District of New York against rappers Ludacris and Kanye West and related companies. BMS Entertainment/Heat Music LLC v. Bridges.

    September 28, 2006ALM Staff | Law Journal Newsletters |