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U.S. District Court for the Southern District of NY Denies Class Certification in YouTube Copyright Case

On May 15, 2013, the U.S. District Court for the Southern District of New York issued an order in The Football Association Premier League Limited v. YouTube Inc. denying the plaintiff’s request for class certification. According to the court, the potential class was too numerous and involved highly individualized claims that could not be resolved by [...]

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Federal Circuit Explains That Summary Judgment can be Delayed When Additional Discovery is Essential to Opposition

On May 7, 2013, the U.S. Court of Appeals for the Federal Circuit decided Baron Services Inc. v. Media Weather Innovations LLC. __F.3d __ (Fed. Cir. 2013). The plaintiff-appellant, Baron Services, appealed from a district court order that awarded summary judgment of non-infringement and attorney’s fees to Media Weather Innovations. The Federal Circuit vacated the [...]

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Legislation Requiring Patent Trolls to Pay Litigation Costs Introduced in Congress

On February 27, 2013, U.S. Congressman Peter DeFazio (of Oregon) introduced H.R. 845, new patent legislation, which is entitled the Saving High-Tech Innovators from Egregious Legal Disputes (“SHIELD”) Act of 2013. The bill is intended to deter patent litigation by Non-Practicing Entities (“NPE”). An NPE is most well-known as a patent troll. More specifically, the bill [...]

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US Patent and Trademark Office Joins Manufacturing Non-Profit to Support Entrepreneurs

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) and the AutoHarvest Foundation announced yesterday the signing of a Memorandum of Understanding (MOU) to work together to spur innovation and generate jobs in advanced manufacturing. The two organizations will collaborate on the creation of an online environment for innovators to exchange information, facilitate [...]

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Federal Circuit Affirms TTAB Decision in Collateral Estoppel Case

On December 21, 2012, the U.S. Court of Appeals for the Federal Circuit issued its decision in Stephen Slesinger, Inc. v. Disney Enterprises, Inc., __ F.3d __ (Fed. Cir. 2013).  In the opinion, the Federal Circuit affirmed the U.S. Trademark Trial and Appeal Board’s (“TTAB”) ruling that the appellant’s cancellation action was barred, by collateral estoppel, due [...]

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