Attorney Petitions SCOTUS Regarding Former Client’s Defamatory Yelp Reviews

By Anne Bolamperti and David G. Barker A California attorney and her law firm filed a petition on October 18, 2018, asking the Supreme Court of the United States (“SCOTUS”) to review the California Supreme Court’s ruling that reversed an injunction that would have required Yelp, Inc. to remove defamatory reviews from its website. Dawn Hassell and Hassell Law Group represented Ava Bird in a personal injury case during the summer of 2012.  Hassell withdrew less than one month after undertaking the representation due to Bird’s lack of responsiveness.  Bird then posted two defamatory reviews of Hassell and her firm   Read More »

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Supreme Court to Determine “Full Costs” Under Copyright Act

By Mark K. Webb and David G. Barker Yesterday, the Supreme Court of the United States granted certiorari in Oracle USA v. Rimini Street to resolve a split among the United States Circuit Courts of Appeals concerning costs awarded to a prevailing party under the Copyright Act. The Sixth, Seventh, and Ninth Circuits permit an award of “full costs” under 17 U.S.C. § 505 (Copyright Act) that is not limited by the six categories of taxable costs under 28 U.S.C.  § 1920. The Eighth and Eleventh Circuits do not permit additional costs, because the “full costs” language does not “clearly,”   Read More »

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Federal Circuit Holds GoPro’s Catalog Qualifies as a Printed Publication

By Sid Leach Earlier today, the Federal Circuit released a decision concerning what constitutes a printed publication in GoPro Inc. v. Contour IP Holding LLC. The court reversed the Patent Trial and Appeal Board (“PTAB”) and held that GoPro’s catalog made available at a tradeshow prior to the critical date qualified as a printed publication. GoPro had filed a petition for inter partes review to challenge patents owned by Contour IP Holdings, asserting the catalog was prior art. The PTAB upheld the patents’ validity. The case considered whether a person skilled in the art was likely to attend the tradeshow.    Read More »

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California vs. Federal Practice: Document Requests and Depositions

California vs Federal Practice: Document Requests and Depositions

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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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