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?
September 28, 2006
In <i>Agfa Corp. v. Creo Prods. Inc.</i>, 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 <i>Agfa</i> changed precedent established in a prior decision. In deciding <i>Agfa</i>, the majority analyzed the CAFC's decision in <i>Gardco Mfg. v. Herst Lighting Co.</i>, 820 F.2d 1209 (Fed. Cir. 1987) and determined that it applied to the case in <i>Agfa</i>. The majority also distinguished the CAFC decision in <i>In re Lockwood</i>, 50 F.3d 966 (Fed. Cir. 1995), <i>vacated</i>, 515 U.S. 1182 (1995), as inapplicable to the equitable issue in question in <i>Agfa</i>. Conversely, the dissenting panel member argued that the CAFC's decision in <i>Lockwood</i> was indeed applicable to the issues in Agfa. This article reviews the above cases with the goal of determining if the CAFC decision in <i>Agfa</i> is indeed a departure from its previous jurisprudence concerning a patentee's right to a jury trial on the issue of equitable conduct.
News Briefs
September 28, 2006
Highlights of the latest franchising news from around the country.
Bit Parts
September 28, 2006
Copyright Infringement/Expert Witnesses<br>Copyright Infringement/Substantial Similarity<br>Copyright Infringement/Summary Judgment<br>Intellectual Property Rights/Community Property<br>Royalty Suits/Motion to Dismiss<br>Video-Game Laws/Constitutionality<br>Upcoming Events
Court Watch
September 28, 2006
Highlights of the latest franchising cases from around the country.
Courthouse Steps
September 28, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Counsel Concerns
September 28, 2006
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.' <i>Dimensional Music Publishing LLC v. Kersey.</i>
Role for Patents In Videogame Industry
September 28, 2006
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.
Cameo Clips
September 28, 2006
BANKRUPTCY PRIORITIES/PAYMENTS TO MUSICIANS<br>BANKRUPTCY/COPYRIGHT STATUTORY DAMAGES<br>COPYRIGHT OWNERSHIP/DERIVATIVE WORKS<br>MUSICAL COMPOSITIONS/PUBLIC PERFORMANCE<br>
<b>Decision of Note: </b>Burden on Plaintiff for Contingent Fees
September 28, 2006
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.' <i>Sanders/Moses Productions Inc. v. NBC Studios Inc.</i>
<b><i>Case Study</b></i> Infringement Suit over Rap Song Offers Useful Tips for Litigators
September 28, 2006
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. <i>BMS Entertainment/Heat Music LLC v. Bridges</i>.
