By Scott Hervey

A Federal district court jury in Nashville levied a $4.3 million dollar verdict against Sean Combs’ (Puffy) Bad Boy Entertainment, Bad Boy, LLC and Universal Records/UMG Recordings for infringing copyright owned by Bridgeport Music and Westbound records. The suit resulted from the use of a six second sample from the Ohio Player’s Singing in the Morning used by producer Easy Money in the title track to the Universal released Notorious B.IG.’s 1994 album “Ready to Die.” Continue Reading Learn a Lesson from Puffy -Don’t Ignore a Cease and Desist Letter

By Scott Cameron

Here’s the next step Big Brother is taking toward an Orwellian 1984: Your cellular telephone can pinpoint your location any time it’s turned on. That’s right. Any time your cell phone is turned on and within range of a cellular tower, it is communicating with that tower to broadcast your location. It has to. Otherwise you couldn’t get your incoming calls. Federal law enforcement agencies have figured this out, and if you are someone a federal law enforcement agency is looking for, they are using that to track you. Continue Reading Your Cell Phone Is A Homing Beacon -Should The Government Be Allowed To Use It Without Showing Probable Cause?

By Dale Campbell

Last week, the United States Supreme Court heard eBay’s appeal of the Federal Circuit Court of Appeals’ decision issuing a permanent injunction against eBay, which prevents eBay from utilizing the technology involved with its “Buy It Now” purchasing method. The case involves an action brought by MercExchange against eBay alleging that eBay’s “Buy It Now” purchasing method infringes upon three patents held by MercExchange. “Buy It Now” allows an individual to purchase an auction item at a fixed price, rather than through the bidding process. At trial, eBay was found to have infringed two of the three patents alleged in the complaint and ordered to pay monetary damages. The trial court refused to impose a permanent injunction prohibiting eBay’s use of the “Buy It Now” technology. Both parties appealed to the Federal Circuit Continue Reading A Patent Holder’s Right to Exclude Others – Will the Supreme Court Reverse 100 Years of Precedence?

By Audrey Millemann

This month, the United States Supreme Court has held that owning a patent is not equivalent to having a monopoly. It may be, but it is not necessarily so. In Illinois Tool Works Inc. v. Independent Ink, Inc., 2006 WL 468729 (March 1, 2006), the Court reversed its long-standing rule (in place since 1947) that a tying arrangement involving a patented product is per se illegal. This is a significant victory for patent owners. Continue Reading United States Supreme Court: Patent Owners Are Not (Necessarily) Monopolists

By Pamela Winston Bertani

Suppose your client discovers that a patent application pending before the United States Patent and Trademark Office discloses information or includes claims that infringe your client’s existing United States patent – and your client wants to know what can be done to challenge the pending application without actually filing a patent infringement suit. Your answer should be that there are several options for challenging a patent or patent application before the Patent and Trademark Office, instead of in court. This article briefly reviews the alternatives your client should be aware of. Continue Reading Challenging Patents – Short of Litigation