SCOTUS: “Full Costs” Are Just Costs

By Mark Webb and David G. Barker Today, the Supreme Court of the United States ruled in Rimini Street v. Oracle USA that  “full costs” described in 17 U.S.C. § 505 of the (Copyright Act) are limited to the six categories of taxable costs set forth in 28 U.S.C.  §§ 1821, 1920. The decision reversed the district court’s award of, and the Ninth Circuit’s order affirming, $12,774,550.26 in additional costs to Oracle for litigation costs outside of those delineated in §§ 1821 and 1920, such as expert witnesses, e-discovery, and jury consulting. The Court determined, absent an explicit statutory instruction, a   Read More »

Posted in Copyright Litigation, IP and Technology Litigation, Uncategorized | Tagged , ,

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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 »

Posted in Copyright Litigation, Uncategorized | Tagged

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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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