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By Scott Graham | October 1, 2019
Kirkland wins $125 million judgment after applying validity handcuffs.
By Scott Graham | September 27, 2019
The justices have already granted cert in six cases, and several potential blockbusters are waiting in the wings. The solicitor general on Friday recommended against granting cert on one of one case, Google v. Oracle, though it said the correctness of the Federal Circuit's fair use decision is "not free from doubt."
By Scott Graham | September 27, 2019
Anti-aging supplement makes law firms feel young again.
By Scott Graham | September 24, 2019
A handful of closing thoughts on the en banc arguments in Skidmore v. Led Zeppelin.
By Scott Graham | September 23, 2019
The judges seem to be in sync on the scope of copyrighted works under the 1909 Copyright Act. But a few soloists emerged on the selection and arrangement of otherwise unprotectable elements.
By Lidia Dinkova | September 20, 2019
Photographer Joe Myeress said a real estate associate used his photograph without permission or paying him a fee for the use, which could be up to $5,000.
By Scott Graham | September 20, 2019
Eleven Ninth Circuit judges will hear a lot of arguments about copyrights Monday in the dispute over "Stairway to Heaven." But they'll do it without musical accompaniment.
By Scott Graham | September 20, 2019
Eleven Ninth Circuit judges will hear a lot of arguments about copyrights Monday in the dispute over "Stairway to Heaven." But they'll do it without musical accompaniment.
New York Law Journal | Analysis
By Robert J. Bernstein and Robert W. Clarida | September 19, 2019
On July 1, 2019, the U.S. District Court Judge John Koetl for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of the rock star Prince taken by Lynn Goldsmith constituted a transformative and fair use. In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the decision, which will be appealed to the Second Circuit.
By Scott Graham | September 17, 2019
If patent infringement cases aren't "exceptional," they're precluded from being "shams" for antitrust purposes, according to an order from U.S. District Judge Brian Martinotti of New Jersey in Duke University v. Akorn.
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