Copyright Law
 
Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

The Board of Trustees of the Leland Stanford Junior University ("Stanford”) appeals a final judgment that the asserted claims of U.S. Patents No. 5,968,730 ("'730 patent”), No. 6,503,705 ("'705 patent”), and No. 7,129,041 ("'041 patent”) are invalid for obviousness. Bd. of Trs. v. Roche Molecular Sys., Inc., 563 F. Supp. 2d 1016 (N.D. Cal. 2008) ("Invalidity Opinion”)

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Cincom Systems, Inc. v. Novelis Corp.

Novelis Corporation appeals from the order of the district court granting summary judgment to plaintiff Cincom Sysems, Inc. ("Cincom”), on its claim of copyright infringement. See 17 U.S.C. § 501. Novelis argues that the district court erred by concluding that a series of mergers Novelis underwent as part of an internal corporate restructuring resulted in a prohibited transfer of the soft

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Wounder Warrior Project, Inc. v. Wounded Warriors Family Support

Wounded Warrior Project, Inc. ("WWP") sued Wounded Warriors Family Support on a copyright violation theory claiming that defendant wrongfully infringed its copyright on Lanham Act and Nebraska's Consumer Protection Act violation theories claiming that defendant's use of a similar name was intended to confuse the public.

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Art Attacks, Ink, LLC v. MGA Entertainment, Inc.; Isaac Larian

Art Attacks Ink, LLC ("Art Attacks”) brought suit against MGA Entertainment Inc. ("MGA”), alleging copyright, trademark, and trade dress infringement. A jury found for MGA on the trademark claim, but could not reach a verdict on the remaining claims. MGA then moved for judgment as a matter of law under Federal Rule of Civil Procedure 50(b). The district court granted the motion and Art

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Nancy Lewis v. Rio Grande Sun

Plaintiff Nancy Lewis's pro se complaint for copyright infringement charged that defendant, New Mexico newspaper Rio Grande Sun, ran a front page story she had written without crediting her authorship and published another article with an editorial change she had not approved.1 The district court referred the case to a magistrate judge who recommended that it be dismissed for lack of jurisdicti

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Arista Records, LLC v. Launch Media, Inc.

We are the first federal appellate court called upon to
32 determine whether a webcasting service that provides users
33 with individualized internet radio stations – the content of
34 which can be affected by users' ratings of songs, artists,
35 and albums – is an interactive service within the meaning of
36 17 U.S.C. § 114(j)(7). If it is an interactive servi

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Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. and Managed Solutions Group, Inc.

Louis Vuitton Malletier, S.A. sued ISPs Akanoc Solutions, Inc. and Managed Solutions Group, Inc. and Steven Chen on Digital Millennium Copyright Act ("DMCA") violation theories claiming that defendants knowingly allowed others to sell counterfeit Vuitton goods on website hosted by them. Plaintiff produced evidence in support of its claims that defendants knew of the illegal activities being conduc

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Paris Hilton v. Hallmark Cards

We must decide whether California law allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission.

I Paris Hilton is a controversial celebrity known for her lifestyle as a flamboyant heiress. As the saying goes, she is "famous for being famous.”

She is also famous for starring in "The Simple Life,” a soca

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Aviat Aircraft, Inc. v. Edward Saurenman

[¶1] Appellant, Aviat Aircraft, Inc. (Aviat), seeks review of the district court's "Judgment in Accordance with Verdict.” We will explain the details below, but we briefly note here that Aviat actually appealed from a decision of the district court that was made independent of, but which was subsumed into, the above identified "Judgment.” We also note that Aviat filed a motion for new

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The SCO Group, Inc. v. Novell, Inc.

This case primarily involves a dispute between SCO and Novell regarding the scope of intellectual property in certain UNIX and UnixWare technology and other rights retained by Novell following the sale of part of its UNIX business to Santa Cruz, a predecessor corporate entity to SCO, in the mid-1990s. Following competing motions for summary judgment, the district court issued a detailed opinion gr

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Custom Hareware Engineering & Consulting and David York v. Assurance Company of America

Custom Hardware Engineering & Consulting, Inc. and David York1 appeal the grant of summary judgment in favor of their insurer, Assurance Company of America, on their claims for declaratory judgment and breach of contract. We affirm.

I. BACKGROUND

Plaintiff Custom Hardware, a corporation with its principal place of business located in Fenton, Missouri, provides service and maintenance

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Custom Hardware Engineering & Consulting, Inc. v. Assurance Company of America

Custom Hardware Engineering & Consulting, Inc. and David York1 appeal the grant of summary judgment in favor of their insurer, Assurance Company of America, on their claims for declaratory judgment and breach of contract. We affirm. I. BACKGROUND Plaintiff Custom Hardware, a corporation with its principal place of business located in Fenton, Missouri, provides service and maintenance on computer e

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Richard Vicari, dba Color Arts Landscaping v. Lake Havasu City

¶1 Richard Vicari and Color Arts Landscaping (collectively "Vicari”) appeal from the portion of the superior court's final judgment that awarded $1,000 in attorneys' fees to Lake Havasu City ("the City”). For the following reasons, we affirm.

BACKGROUND

¶2 On June 12, 2007, Vicari, a subcontractor for Western Municipal Construction, Inc. ("Western”), filed a f

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Capital Records, Inc. et al v. Joel Tannenbaum

Answerthink, Inc., Arista Records, Inc., BMG Music, Capital Records, Inc., Capitol Records, Inc., Elektra Entertainment Group Inc., Fonovisa, Inc., Motown Record Company, L.P., Recording Industry Association of America, Sony Music Entertainment Inc., Sony Music Entertainment Inc., UMG Recordings, Inc., Virgin Records America, Inc., Atlantic Recording Corporation sued Joel Tanenbaum for violatin

More...   $675000 (08-01-2009 - )

Nicholas Lohman v. Duryea Borough, et al.

Nicholas Lohman appeals from the District Court's award of $30,000.00 in attorney's fees following a jury verdict in his favor in his wrongful discharge action. The jury awarded Lohman $12,205.00 in lost wages and nominal damages, after finding Appellees liable on one of Lohman's three First Amendment retaliation claims. Lohman contends that the District Court improperly considered settlement nego

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Altvater Gessler, et al. v. Sobieski Destylarnia, S.A., et al.

Plaintiffs-Appellants Altvater Gessler-J.A. Baczewski
15 International (USA) Inc. ("Gessler USA”)and Altvater Gessler-J.A.
16 Baczewski GmbH ("Gessler GmbH”) (collectively "Gessler”) are
17 closely held corporations owned by members of the Gessler family.
18 Gessler is the corporate continuation of two businesses that have
19 manufactured and sold alcoholic be

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Federal Insurance Company v. Binney & Smith, Inc., a subsidiary of Hallmark Cards, Inc.

This insurance indemnity action is drawn by the packaging of boxes of crayons and colored by the expense of settling a lawsuit directed at the packaging.

Plaintiff Federal Insurance Co. (Federal) filed a declaratory judgment action against defendant Binney & Smith, Inc. (Binney), seeking a declaration that it did not owe a duty to defend or indemnify defendant in connection with a class act

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St. Luke's Cataract and Laser Institute, P.A. v. James C. Sanderson, M.D., LLC

This appeal arises out of an intellectual property dispute between Plaintiff St. Luke's Cataract and Laser Institute, P.C. ("St. Luke's”) and Defendants Dr. James C. Sanderson and James C. Sanderson, M.D., LLC ("Dr. Sanderson”) regarding the ownership and use of two Internet domain names (laserspecialist.com and lasereyelid.com) and an Internet website ("the LaserSpecialist.com website

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Emil Cadkin v. Irma Loose; May-Loo Music, Inc.; Terence Loose

This appeal concerns whether a defendant is entitled to attorney's fees as a prevailing party under § 505 of the Copyright Act, 17 U.S.C. § 505, when a plaintiff voluntarily dismisses without prejudice a lawsuit containing copyright claims. In Corcoran v. Columbia Broadcasting System, Inc., 121 F.2d 575, 576 (9th Cir. 1941), we held a defendant in a copyright suit was a prevailing party and

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William A. Graham Company d/b/a The Graham Company v. Thomas P. Haughey; USI Midatlantic, Inc.

We face an issue of first impression for this court–whether the discovery rule or the injury rule governs the accrual of claims under the Copyright Act, which has a threeyear statute of limitations for civil actions, 17 U.S.C. § 507(b).

Under the injury rule, a claim accrues, and the statute of limitations begins to run, when the plaintiff suffers a legally cognizable injury. Th

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Steve Crutchfield v. Marine Power Engine, Tige Boats, Inc. and Marine Power Holding, LLC

¶1 The first impression issue presented is whether Marine Power Holding, L.L.C. (MP Holding), a successor company once-removed from Marine Power Engine, Inc. (MP Engine), is liable for a judgment taken against MP Engine. As a general rule, when one company sells or otherwise transfers all its assets to another company, the successor is not liable for the debts and liabilities of the seller. There

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Robert Tur, doing business as Los Angeles News Service v. YouTube, Inc.

Robert Tur, an award-winning helicopter journalist, sued YouTube, a highly popular online video sharing service, for copyright infringement in the Central District of California. YouTube moved for summary judgment based upon the safeharbor provision of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), which the district court denied. Shortly thereafter, Tur, hoping to join a putative Ne

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Angela E. Brooks-Ngwenya v. Indianapolis Public Schools

Angela Brooks-Ngwenya claims that the Indianapolis Public Schools infringed a copyrighted educational program that she had developed while working for the school system. She also accuses the school system of employment discrimination. The district court granted summary judgment for IPS.

She had been promoted in October 2002 to classroom assistant at Gambold Middle School. During that school

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Bobbie Harris v. Mexican Specialty Foods, Inc. d.b.a La Paz Restaurante & Cantina

In this case we consider the constitutionality of the statutory-damages provision found in § 616(a)(1)(A) of the Fair Credit Reporting Act ("FCRA”), 15 U.S.C. § 1681, et seq. The district court, finding that the statutory-damages provision is unconstitutionally vague and excessive, dismissed the complaints with prejudice. For the reasons stated below, we vacate the rulings of the distr

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Myoda Computer Center, Inc. v. American Family Mutual Insurance Company

Plaintiff, Myoda Computer Center, Inc. (Myoda), filed a declaratory judgment action against defendant, American Family Insurance Company (American Family), claiming that American Family was obligated to indemnify Myoda and pay Myoda's defense costs in settling a lawsuit against it. American Family then filed a counterclaim for declaratory judgment seeking a declaration that it owed Myoda no duty t

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