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Federal Circuit Clarifies Standard for Defendants Seeking Award of Attorney’s Fees

On December 26, 2013, the U.S. Court of Appeals for the Federal Circuit decided Kilopass Technology, Inc. v. Sidense Corporation, (Case No. 2013-1193). In this case, the defendant-appellant, Sidense Corporation (Sidense), had appealed from the district court’s denial of its motion for attorney’s fees under 35 U.S.C. § 285. In its opinion, written by Judge O’Malley, […]

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U.S Supreme Court Will Review Standard for Induced Infringement of a Claimed Method When Infringement is Split Among Multiple Parties

On January 10, 2014, the U.S. Supreme Court granted certiorari in Limelight Networks, Inc. v. Akamai Technologies, Inc. The petitioner in the case, Limelight Networks (Limelight), appealed from the en banc opinion of the U.S. Court of Appeals for the Federal Circuit in Akamai Technologies, Inc. v. Limelight Networks, Inc. and McKesson Technologies, Inc. v. […]

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U.S. Court of Appeals for the Third Circuit Decides Right of Publicity Outweighs First Amendment in NCAA Football Video Games

On May 21, 2013, the U.S. Court of Appeals for the Third Circuit decided Ryan Hart v. Electronic Arts Inc. In its opinion, the court reversed the district court’s grant of summary judgment in favor of Electronic Arts because it found that Electronic Art’s use of the plaintiff’s likeness in its video games was not […]

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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 Clarifies Requirements of the Disclosure-Dedication Rule

Recently, the U.S. Court of Appeals for the Federal Circuit decided SanDisk Corporation v. Kingston Technology Co. Inc. 695 F.3d 1348 (2012). The plaintiff-appellant, SanDisk Corporation, appealed from a decision of the United States District Court for the Western District of Wisconsin that granted summary judgment of non-infringement for Kingston Technology Co. pursuant to the disclosure-dedication rule. […]

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