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In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation.
In the context of a copyright case, a defendant’s prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation. In many instances, copyright infringement lawsuits are brought against defendants who have been sued before for infringement, or related misconduct, or who have been the subject of allegations or informal complaints, or who simply have experience in copyright matters. Under Federal Rule of Evidence 404(b), the use to which prior bad acts and conduct may be put by a plaintiff in a regular civil case is limited, and Federal Rule of Evidence 403 balances the probative value of the evidence against prejudice. In copyright cases, however, as a practical matter, the plaintiff has somewhat more latitude, and such evidence may serve several distinct objectives. A defendant’s history, whether related to the misconduct at issue or not, may be used by a savvy plaintiff in three ways: 1) to establish willfulness, and thus both enhance the statutory damages award and obtain attorneys’ fees under the Copyright Act; 2) to establish knowledge, and thereby make a case (where appropriate) for contributory infringement; and 3) as a basis for injunctive relief.
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Beyond Language: How Multimodal AI Sees the Bigger Picture
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The possibilities for patenting innovative applications of multimodal models across industries are endless.
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Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship
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A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties’ relationship to determine whether a fiduciary relationship existed.
Federal Judge Blasts Patent Trolls
By Rob Maier
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for “patent trolls” — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.