» Other Intellectual Property

Music Sampling Protection Under Fair Use Doctrine

Music sampling consists of taking a clip, portion or “sample” of a sound recording and reusing it in an entirely separate sound recording. Music sampling likely originates from the late 1960’s, but became much more prevalent in popular music du… Read More
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Did I Settle the Case Even Though I Didn’t Sign a Settlement Agreement?

In a patent infringement case filed in February 2016 in the Eastern District of Texas by Neurovision Medical Products, Inc. against Medtronic, Inc., the parties attended a mediation in December 2016 in an unsuccessful effort to settle the case. The p… Read More
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An Award of Exceptional Case Fees Under the Patent Act for an Appeal

On top of $2 million in attorneys’ fees and over $4 million in trebled damages, MGA Entertainment, Inc. (the maker of Bratz dolls) has to pay Innovention Toys LLC’s attorneys’ fees for appellate proceedings that went to the Federal Circuit Cour… Read More
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Copyright Law and Pre-1972 Sound Recordings: The Need for Legal Uniformity

Music and sound recordings are a major artistic medium that play a role in everyday life. We hear music in a number of different ways; on the radio for personal enjoyment, as theme songs for television programs and movies, during sporting events, as… Read More
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Parody Bag Safe From Louis Vuitton

Designer Tara Martin launched the “My Other Bag” handbag line in 2011. Her canvas tote bags say “My Other Bag…” on one side, and the other side contains a drawing or image of a high-end designer handbag, such as Louis Vuitton. The My Other… Read More
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Star Trek Fan Film May Not Live Long and Prosper

On July 26, 2014, a fan-made Star Trek associated short film entitled “Prelude to Axanar” made its public debut at the San Diego Comic-Con convention. The film’s production was funded through a crowdfunding campaign, which ultimately raised ove… Read More
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Another Patent Decision, Another Day in Court for Apple

On September 30, 2016, a federal jury in Texas ordered Apple to pay $302 million in damages to VirnetX for violating two of its patents, including patented software used in Apple’s FaceTime and iMessage applications. There is a lengthy and complica… Read More
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Iconic Rock Band Wins High Profile Copyright Infringement Case

The trust for late guitarist Randy California (Randy Wolfe) sued rock band Led Zeppelin (and Warner Music Group) asserting that the opening chords of California’s 1968 instrumental “Taurus” originally recorded by his band Spirit were improperly… Read More
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