Intellectual Property Law

Music Industry Wants File-Sharer Barred from Downloading

Lawyers for the Recording Industry Association of America want a federal judge to bar Jammie Thomas-Rasset—who was ordered last month to pay $1.92 million in damages for sharing 24 music files online—from downloading music and to destroy all of the music files she has downloaded. RIAA attorney Timothy Reynolds wrote…

Jul 6, 2009 9:38 PM CDT

RIAA Wants Harvard Prof to Take Case Recordings Off the Web

The Recording Industry Association of America says that Harvard Law Professor Charles Nesson is violating court orders and privacy laws by posting recordings of pretrial hearings and depositions to his blog and to the Berkman Center for Internet and Society website. Wired’s Threat Level blog provides links to examples of…

Jul 6, 2009 8:25 PM CDT

Law Trails Behind as Disputes Over Genetic Patents Intensify

After being diagnosed with an aggressive type of breast cancer, Lisbeth Ceriani had a double mastectomy last year followed by chemotherapy that caused her hair to fall out in clumps. Just when she thought the worst was over, she learned that some of the genes in her body that led…

Jul 3, 2009 2:00 PM CDT

Google Books Settlement May Violate Antitrust Law, DOJ Contends

A pending settlement between Google Inc. and groups representing authors and publishers could violate antitrust law, the U.S. Department of Justice says in a letter to the federal judge in the Southern District of New York who is overseeing the case. Although the DOJ has made no finding that antitrust…

Jul 2, 2009 9:33 PM CDT

‘Catcher’ Ruling Will Discourage Other Would-Be Parodies, Lawyer Says

A federal judge has enjoined publication of a sequel to The Catcher in the Rye, saying the new book is an unauthorized infringement of the copyright held by the original novel’s author, J.D. Salinger. U.S. District Judge Deborah Batts of Manhattan issued the injunction yesterday, rejecting claims that the new…

Jul 2, 2009 1:42 PM CDT

IP Boutique Day Casebeer to Merge with Howrey

The rumors are true: Intellectual property boutique Day Casebeer Madrid and Batchelder will merge with Howrey, a law firm with 17 offices and more than 725 lawyers, including more than 300 in the IP field. The merger was effective yesterday, according to a press release. Nine partners and 16 associates…

Jul 2, 2009 11:28 AM CDT

Wrangling Genes

As the law changes and new medical frontiers open, the dispute over genetic patents intensifies

Jul 2, 2009 4:10 AM CDT

Lawyers Remember Michael Jackson for ‘Smooth’ Shoe Patent

As many remember Michael Jackson for his Thriller work or read his will in the Smoking Gun today, some lawyers recall him for an innovative dance shoe patent. The design, which was patented in 1993 by the pop singer and two partners, contains a special heel slot. Retractable pegs in…

Jul 1, 2009 11:27 PM CDT

Jury Awards $1.67B to Drugmaker in Record-Breaking Patent Verdict

Siding with the world’s biggest health care company, a federal jury in Texas awarded a record-breaking $1.67 billion today to a Johnson & Johnson unit after five hours of deliberation. In its verdict against Abbott Laboratories, the jury found that the Illinois-based drugmaker willfully violated an exclusive patent licensing agreement…

Jun 29, 2009 11:08 PM CDT

Super (Hot) Dog (Trademark) Fight Breaks Out in Court

Who’s the original Superdawg? That would be the one in Chicago that’s been serving up frankfurters since 1948 on the city’s northwest side. And this Superdawg—a food TV favorite easily recognized because of its distinct larger-than-life statues representing the restaurant’s owners—doesn’t take kindly to perceived copycats. So after asking in…

Jun 25, 2009 4:06 PM CDT

Howrey Looking to Acquire Day Casebeer?

National law firm Howrey may be close to a deal to acquire high-end IP boutique Day Casebeer Madrid & Batchelder, the Recorder reports. Howrey already has a strong presence in Northern California and could use the acquisition of the Cupertino, Calif.-based firm to beef up its IP practice. The Recorder…

Jun 22, 2009 11:34 AM CDT

Music Downloader Owes Record Cos. $1.9M, Jury Says

A federal jury in Minneapolis returned a verdict Thursday against a 32-year-old mother of four, saying she owes record companies an astounding $1.92 million for illegally sharing music on the Internet. Jammie Thomas-Rasset would have to pay $80,000 for each of the 24 songs she shared on the Net if…

Jun 19, 2009 1:33 PM CDT

Judge Axes Grad Student’s Counterclaim for ‘Abuse of Process’ in RIAA Case

An attempt by a Boston University graduate student who is a defendant in a high-profile music downloading case to turn the tables on the Recording Industry Association of America has been blocked by the federal judge overseeing the case. In a ruling yesterday, U.S. District Judge Nancy Gertner rejected defendant…

Jun 16, 2009 10:01 PM CDT

Lawyer Who Spotted Expired Patent on Solo Cup Wins Qui Tam Ruling

Washington, D.C., patent lawyer Matthew Pequignot did some investigating after spotting patent markings on the lid to his daily cup of coffee and discovered that the patent had actually expired some 20 years before. Now the lawyer is seeking millions of dollars in damages in a qui tam suit against…

Jun 9, 2009 2:02 PM CDT

Federal Judge Packs IP Opinion with Bon Jovi References

A Philadelphia federal judge ruling in a copyright and trademark case managed to pack four references to songs by Bon Jovi in a case in which the rocker was one of the litigants. Bon Jovi is part owner of the Arena Football League team the Philadelphia Soul and holds several…

Jun 8, 2009 6:39 PM CDT