JURIST legal news archive...

Chief Justice refuses to stay drug patent ruling
April 19, 2014
US Supreme Court Chief Justice John Roberts denied the request of Teva Pharmaceuticals USA for a stay on the lower court ruling. The appeals court's ruling made Teva's Copaxone drug available to be produced in a generic form. Teva sought to have this delayed until the Supreme Court is able to hear....... [more]

Authors Guild files appeal in Google copyright claim
April 12, 2014
The Authors Guild filed an appellate brief on Friday, renewing its complaint that Google is violating copyright laws with its mass book digitization project. The brief, filed with the US Court of Appeals for the Second Circuit, claims that Google's "Library Project" is scanning copyrighted works an....... [more]

Retailers Need A Rule They Can Count On
April 11, 2014
JURIST Guest Columnists Peter J. Brann, David Swetnam-Burland and Stacy O. Stitham of Brann & Isaacson discuss the patent eligibility of computer-implemented inventions... The US Supreme Court's consideration of the patent eligibility of computer-implemented inventions in Alice Corporation Pty....... [more]

European Court of Justice declares Netherlands 'piracy levy' unlawful
April 11, 2014
The European Court of Justice (ECJ) ruled on Thursday that the Netherlands' "piracy levy" tax added to the purchase price of copying materials such as blank CDs or DVDs does not properly account for the loss to copyright holders resulting from unlawful copies of protected work. The court stated that....... [more]

Supreme Court to rule on patent appeals
March 31, 2014
The US Supreme Court on Monday granted certiorari in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. to determine how the US Court of Appeals for the Federal Circuit is to interpret claims in a patent appeal. Federal appeals courts traditionally review a district court's conclusion only to determine....... [more]

Supreme Court hears arguments in software patent case
March 31, 2014
The US Supreme Court heard oral arguments on Monday in Alice Corp. v. CLS Bank International, which raises the issue of whether certain types of computer software are patent eligible under the Patent Act. Appearing on behalf of the government, US Solicitor General Donald Verrilli argued that the so....... [more]

Supreme Court allows Lanham Act claim in copyright infringement case
March 25, 2014
The US Supreme Court on Tuesday issued a unanimous ruling in Lexmark v. Static Control Components holding that Static did not lack standing to assert a Lanham Act claim in defense of a copyright infringement action brought by Lexmark. The case revolved around the use of certain microchips allowing r....... [more]

Google's YouTube and Viacom settle copyright-infringement suit
March 18, 2014
Viacom and Google on Tuesday settled a copyright infringement lawsuit originally filed by Viacom in 2007. The media conglomerate Viacom is known for its television networks including Comedy Central, MTV, Nickelodeon, and VH1. In the original suit, Viacom sought $1 billion in damages as well as an i....... [more]

Quagmire of Statutory Interpretation at Center of ABC v. Aereo Copyright Case
March 1, 2014
JURIST Guest Columnist Antonio Del Mastro, Northeastern University School of Law, Class of 2014, discusses the possible interpretations of the Copyright Act that the US Supreme Court is tasked with choosing in American Broadcasting Companies, Inc. v. Aereo, Inc., which will determine whether or not....... [more]

Germany court dismisses patent claim against Apple
February 28, 2014
The Mannheim Regional Court on Friday dismissed a complaint by patent assertion entity IPCom against Apple. The suit alleged USD $2.1 billion in damages against Apple for infringement of European patent EP1841268, which manages access to overloaded wireless communication channels. Although the Eu....... [more]

Supreme Court hears oral arguments on attorneys' fee awards in patent litigation
February 27, 2014
The US Supreme Court heard oral arguments Wednesday in two cases. In Octane Fitness v. Icon Health and Fitness, the court is considering whether the US Court of Appeals for the Federal Circuit's promulgation of a rigid and exclusive two-part test for determining whether a case is "exceptional" unde....... [more]