California vs. Federal Practice: Document Requests and Depositions

California vs Federal Practice: Document Requests and Depositions

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Billions Once Again on the Line After Federal Circuit’s Reversal in Oracle v. Google

By Rachael Peters Pugel and David G. Barker The Federal Circuit has reversed, for the second time, the much-followed copyright infringement case, Oracle America, Inc. v. Google LLC, which has been ongoing since 2010.  Oracle filed suit alleging Google copied and used 37 packages of Oracle’s Java application programming interface (“API”), as well as the structure, sequence, and organization (“SSO”) of those API packages, in its Android smartphone platform. Google and Oracle’s predecessor, Sun, began discussing Google’s licensing of the Java platform for mobile devices in 2005.  But the parties were unable to come to an agreement.  Google then worked   Read More »

Posted in Copyright Litigation | Tagged ,

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Second Circuit Holds News Video Clip Search Engine Is Not Fair Use

By Justin K. Powley and David G. Barker The Second Circuit held yesterday in Fox News Network, LLC v. TVEyes, Inc., that a media service offering a search engine of video clips from news networks violates copyright law. On appeal, the Second Circuit held that such use is not protected by the fair use doctrine. TVEyes records content, including closed-captioning text, of television and radio channels in real time, and indexes and stores the content in a text-searchable database. Clients search the database using words or phrases to retrieve a list of relevant video clips. Each video clip can be   Read More »

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The Supreme Court to Consider Patent Infringement Damages Accrued Abroad

By Robert A. Clarke and David G. Barker The Supreme Court has granted certiorari to consider whether damages for infringement of a U.S. patent include lost profits resulting from activities outside the U.S. In WesternGeco L.L.C., v. Ion Geophysical Corporation, the Federal Circuit affirmed a jury verdict that Ion infringed WesternGeco’s patent for a device used to search for oil and gas beneath the ocean floor, but the Federal Circuit reversed an award of damages for lost profits.  The district court awarded lost profits from the use of the infringing devices abroad because WesternGeco would have been awarded the contracts   Read More »

Posted in Patent Litigation | Tagged ,

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Federal Circuit Holds “Scandalous and Immoral” Ban Unconstitutional

By Tyler J. Fortner and David G. Barker Last Friday, in In re Brunetti, the Federal Circuit held that the ban on “scandalous and immoral” trademarks under 15 U.S.C. § 1052(a) is unconstitutional. The decision follows the June 19, 2017, Supreme Court decision, Matal v. Tam (discussed here), which held that the clause prohibiting marks that “disparage” in the same statute is unconstitutional. In Tam, the Court held that the PTO’s refusal to register the Asian-American band name, “THE SLANTS,” violated the First Amendment. Relying on Tam, the Federal Circuit reversed the PTO’s refusal to register “Fuct” as a trademark.   Read More »

Posted in Trademark Litigation | Tagged ,

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