The movie and recording industries often resort to litigation in an effort to combat unauthorized distribution of copyrighted content on peer-to-peer networks. A federal district court in the District of Arizona has joined an increasing number of courts that reject efforts to group large numbers of unrelated defendants in a single case. In Third Degree […]
The Ninth Circuit recently bolstered the legal defenses available to Internet service providers in copyright infringement claims based upon users loading copyrighted material on the service provider’s website, in UMG Recordings, Inc. v. Shelter Capital Partners LLC, No. 09-55902, decided on December 20, 2011. The court rejected the plaintiff’s argument that an Internet service provider […]
The United Supreme Court on January 18, 2012 in Golan v. Holder rejected a challenge to Congress’ authority to modify the copyright status of certain foreign works previously in the public domain. Writing for the Court, Justice Ginsburg rejected petitioners’ assertion that once a work has entered the public domain it must forever remain there, […]
Traditionally, a plaintiff seeking a preliminary injunction in a trademark infringement case has been entitled to a presumption of irreparable harm if the plaintiff can prove likelihood of success on the merits. In 2006, the Supreme Court decided eBay, Inc. v. MercExchange, L.L.C. The Court there rejected a categorical rule that a patent infringement plaintiff […]
The power of Ninth Circuit district courts to decide lawsuits against foreign intentional tortfeasors, such as IP infringers, has waxed and waned — and, lately, waxed again. The question of personal jurisdiction often has turned on whether the defendant “expressly aimed” its misconduct at the forum. That term originated with the Supreme Court’s 1984 decision […]
Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments. For links to posts on recent developments occurring before this blog’s launch, click here: pleading, inequitable conduct, inducement of patent infringement, patent invalidity, and […]
