Takeaway: A common law agency theory analysis applies to the safe harbor defense under the Digital Millennium Copyright Act.
Takeaway: In the world of intellectual property licensing it is important to obtain the proper intellectual property interest in the works that you are licensing or you may not have standing to sue.
Takeaway: A crude play depicting the well-known children’s story “How the Grinch Stole Christmas!” was found to be fair use of the original work.
Takeaway: It seems unconventional for the Federal Circuit to find software or business methods to be valid in light of the Alice v. CLS Bank decision back in 2014. The court seems to have carved out an exception that allows for known concepts to be applied in new platforms to create a protectable invention.
Takeaway: The Ninth Circuit recently affirmed an injunction against VidAngel Inc., a movie filtering service that allows users to stream films without nudity and violence, in favor of Walt Disney Studios and other Hollywood studios.
Takeaway: On August 18, 2017, The Wonderful Company, owner of the trademark “Get Crackin’,” and Wonderful Pistachios & Almonds LLC, a distributor of the Wonderful® brand of pistachio nuts, filed a suit against UTZ Quality Foods and Rice Investments and alleged that UTZ and Rice Investments were infringing on the “Get Crackin’” mark with their use of the mark, “Get Snacking!”
Takeaway: In a highly publicized patent infringement case, Electronic Frontier Foundation has come away with a win from the Federal Circuit, invalidating a patent concerning podcasting. This was an important win for EFF and its mission to fight patent trolls. The initial suit was filed back in 2013 in an effort to fight for the podcasting industry.
Takeaway: Nokia Corp. acquired Alcatel-Lucent for approximately $17 billion in 2015 and is now in the process of selling its acquired patents through an investor pool to venture-backed startups.
Takeaway: Through rejection of the “Promise Doctrine” and other recent rulings by the Supreme Court of Canada, there appears to be a new trend of increasing intellectual property protection in Canada, which suggests increasing confidence in R&D and IP investment in Canada.
Takeaway: Defendants of patent infringement suits can still be liable for additional damages if the patent is still being infringed upon after the damages verdict was awarded.