Search Results for: Califf Cooper


03

Jan 2020

Are State Legal Texts with Annotations Copyrightable? The U.S. Supreme Court to Decide in Georgia v. Public.Resource.Org

By Califf Cooper 繁體中文 The Supreme Court recently heard oral arguments to decide whether Georgia’s annotated version of the Georgia legal code is protected by copyright.  The case stems from Public.Resource.Org publishing the full annotated version of the code online and Georgia’s subsequent case for copyright infringement. The State of Georgia contracted with LexisNexis to produce and publish the annotated version of the state’s legal…

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10

Dec 2019

With Billions of Dollars On the Line, The Supreme Court Will Weigh in On Oracle v. Google Copyright Java Case

By Califf Cooper 繁體中文 The Supreme Court recently granted a writ of certiorari to rule on the nearly decade long fight between Google and Oracle regarding the copyright infringement lawsuit centered on Google’s Android operating system being built on stolen code from the Java software platform.  Google calls the case, “the copyright case of the decade.”  The dispute revolves around Google’s verbatim copying of 11,500…

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05

Aug 2019

U.S. Supreme Court Decision in Mission Product Resolves Issues Surrounding Trademark Agreements Rejected in Bankruptcy

By Califf Cooper and Keelin Hargadon 繁體中文 In Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657 (S.Ct. May 20, 2019), the U.S. Supreme Court issued a ruling that will have broad implications for licenses and other agreements in bankruptcy.  The Court held that agreements rejected by a debtor in bankruptcy are not terminated.  Instead, the non-debtor party retains whatever rights it would have under…

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30

Nov 2018

Osha Liang Obtains $28.8 Million Architectural Copyright Judgment

By Califf Cooper Osha Liang and co-counsel Pat Zummo, acting on behalf of client Preston Wood & Associates, won a judgment of nearly $29 million against Houston real estate promoter Urban Living for copyright infringement and violations of the Digital Millennium Copyright Act (DMCA).  Federal District Judge David Hittner presided over the trial in August 2018 and entered judgment against Urban Living and architect Steven Cameron…

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01

Aug 2018

WTO Stomps Out Challenges to Australia’s Tobacco Plain Packaging Laws

By: Califf Cooper The World Trade Organization (WTO) awarded Australia a big victory over the challenges to its plain packaging laws for tobacco products by a handful of tobacco producing countries.  After a seven year fight, the WTO rejected the arguments that plain packaging laws infringed on trademarks and intellectual property rights. In December 2011, the Australian government proposed the Tobacco Plain Packaging Act that…

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03

Feb 2018

Prosecution Disclaimer Extends to Inter Partes Reviews

By: Califf Cooper In Aylus Networks, Inc. v. Apple Inc., (Fed. Cir. May 11, 2017), the Federal Circuit confirmed that a patent owner’s statements made during an inter partes review (“IPR”) can be used to argue prosecution disclaimer.  This means that patent owners enforcing their patents must be even more aware of how their statements during an IPR can affect the scope of their claims…

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23

Dec 2017

Pleading Standards Revisited

By: Califf Cooper The U.S. Federal Circuit provided some additional insight into the pleading standard for direct and indirect patent infringement claims in a recent decision, Lifetime Industries, Inc. v. Trim-Lok, Inc., 2017-1096, (Fed. Cir. Sept 7, 2017). Lifetime sued Trim-Lok in the Northern District of Indiana for direct and indirect patent infringement of U.S. Pat. No. 6,966,590 (the ’590 patent).  The ’590 patent relates…

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22

May 2017

U.S. Supreme Court Ruling Changes 30 Years of Patent Venue Law

By: Califf Cooper On May 22, 2017, in the long-awaited and much-anticipated decision of TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court narrowed the patent venue statute holding that “a domestic corporation ‘resides’ only in its State of incorporation.”  The ruling curbs patent forum shopping and deals a big blow to the patent litigation hotbed of the Eastern District of Texas. Kraft Foods…

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21

Apr 2017

Before Suing, Know Thyself

By: Califf Cooper In Bayer Cropscience AG, et al. v. Dow Agrosciences LLC, the Federal Circuit recently affirmed a district court’s award of $5.9M in attorney’s fees under 35 U.S.C. § 285 finding the case qualified as an “exceptional case.” The underlying case concerned a license for Bayer’s soybean seeds that were genetically modified to resist weed killers.  Bayer initially licensed the soybean patents to…

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28

Dec 2016

U.S. Supreme Court to Examine Patent Exhaustion Doctrine

By: Califf Cooper The U.S. Supreme Court has recently chosen to weigh in on the patent exhaustion doctrine.  In the United States, the patent exhaustion doctrine, also known as the first sale doctrine, prevents a patent holder from recovering for infringement after an authorized sale of the patented article.  In other words, the patent holder’s exclusive rights to control the use and sale of the patented…

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28

Dec 2016

Potential Game Changer On The Horizon: U.S. Supreme Court to Review Patent Venue

By: Califf Cooper The U.S. Supreme Court agreed to review the patent venue laws that govern where patent holders may file claims for patent infringement.  The Supreme Court’s ruling could put an end to patent owners seeking out and filing cases in certain districts that are perceived to be strategically advantageous, including most notably the Eastern District of Texas (where more than 40% of all…

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