SCOTUS to Consider Copyright Registration Circuit Split

By Peter R. Montecuollo and David G. Barker The Supreme Court of the United States granted certiorari in Fourth Estate Public Benefit v. Wall-Street.com to resolve a long-standing split among the United States Circuit Courts of Appeals concerning whether copyright owners must wait to file infringement suits until the United States Copyright Office has registered their works.  For instance, the Fifth and Ninth Circuits apply the “application approach,” which permits copyright owners to file infringement suits once upon applying for copyright registration.  Other circuits, including the Tenth and Eleventh Circuits, apply the “registration approach.”  In those circuits, failure to secure   Read More »

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

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A House of Cards: How Much Copyright Protection Remains for Architectural Works

Please see this article about a recent Eleventh Circuit opinion addressing copyright protection for architectural works.

Posted in Copyright Litigation | Tagged ,

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Reverse-Payment Patent Settlements Can Violate U.S. Antitrust Laws

On June 17, 2013, in FTC v. Actavis, the Supreme Court resolved a long-brewing battle between the FTC and the antitrust and patent defense bar over whether reverse-payment patent settlements between patentees and alleged infringers violate federal antitrust laws.  These settlements are categorized as reverse-payments because the settlement arises in the following circumstance: Alleged infringer – often a generic new entrant with respect to a patented drug – introduces or threatens to introduce a product that patentee believes infringes on its patent Patentee sues alleged infringer Patentee and alleged infringer settle with the patentee paying the alleged infringer for damages   Read More »

Posted in Antitrust Litigation, Patent Litigation | Tagged , , , ,

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