For years, copyright owners have faced uncertainty as to when they could file a copyright infringement claim. Title 17 U.S.C. § 411(a) states that “no civil action for infringement of the copyright in any United States work shall be instituted until … registration of the copyright claim has been made in accordance with this title.”
Infringement
Patent Act (Sometimes) Permits Recovery of Profits Lost on Foreign Soil
In the globalized economy, it can be hard for businesses to know what country’s laws apply. The stakes can be especially high in patent cases, which often involve millions and even billions of dollars.
The United States Supreme Court gave patent owners a victory on one aspect of this controversy last week. In Westerngeco LLC …
Blurred Lines: You Could Decide The Next Big Music Copyright Case!
In 2015, a California jury decided that the mega-hit “Blurred Lines” by Pharrell Williams, Robin Thicke, and Clifford Harris (a/k/a “T.I.”) infringed the copyright in Marvin Gaye’s song, “Got To Give It Up.” The jury awarded Gaye’s heirs $7.4 million. Last week, a panel of the federal court of appeals in San Francisco affirmed the…
Farewell to Texas? Supreme Court Limits Where Alleged Patent Infringers Can Be Sued
For a number of years, patent owners have had broad discretion to bring patent infringement lawsuits in court locations, or “venues,” based on perceived strategic advantages and their own convenience. A federal district court in eastern Texas, for example, has – for several reasons – been one of the favorite venues for patent owners. Another…
No More Laches Defense for Patent Infringement
In what some perceive as a major shift from decades of precedent, the United States Supreme Court held last week that laches – unreasonable delay – is no longer a valid defense against a claim for patent infringement so long as the patent owner brings suit within the 6-year look-back limitation period prescribed in 35…