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Exposure To Files Not Distribution, Federal Judge Concludes
BOSTON - In a 52-page decision that granted, in part, motions to quash subpoenas served against numerous college students, a federal judge in Massachusetts entered findings that "merely exposing music files to the internet is not copyright infringement" (London-Sire Records Inc., et al. v. Doe 1 et al., No. 04cv12434, D. Mass.). Full story on lexis.com
University's Motion To Quash Record Labels' Subpoena Denied
HUNTINGTON, W.Va. - A federal judge on April 14 denied a motion by Marshall University to quash a subpoena served on it by a group of 11 record labels seeking to learn the identities of seven Doe students who are accused of downloading and distributing copyrighted songs via "an on-line media distribution system" (Arista Records LLC, et al. v. Does 1-7, No. 3:07-0699, S.D. W.Va.). Full story on lexis.com
Judge: Making Songs Available Not The Same As Distribution
NEW YORK - A New York judge on March 31 denied a motion to dismiss copyright infringement charges against a woman accused of distributing music via the KaZaA peer-to-peer network; however, the judge did not find sufficient support for the plaintiff record labels' assertion that the act of "making available" certain songs equated distribution of those songs (Elektra Entertainment Group Inc., et al. v. Denise Barker, No. 05-cv-7340, S.D. N.Y.; 2008 U.S. Dist. LEXIS 25913). Full story on lexis.com
Summary Judgment Sought In Dispute Over Sales Of Promotional CDs On EBay
LOS ANGELES - A defendant accused by UMG Recordings Inc. of copyright infringement sought summary judgment on April 7, arguing that under the Copyright Act's first-sale doctrine, his actions were lawful (UMG Recordings Inc. v. Troy Augusto d/b/a Roast Beast Music Collectables and RoastBeastMusic.com, No. 2:07-cv-3106, C.D. Calif.). Full story on lexis.com
Lawsuit For Takedown Of YouTube Dancing Toddler Video Dismissed
SAN JOSE, Calif. - Stating a failure to properly allege claims of "self-evident noninfringing fair use" and misrepresentation, a California judge on April 8 issued an order dismissing a mother's lawsuit claim that Universal Music Corp. abused the Digital Millennium Copyright Act (DMCA) by ordering the takedown of a video of her son from YouTube (Stephanie Lenz v. Universal Music Corp., et al., No. 07-3783, N.D. Calif.; See 8/6/07, Page 26). Full story on lexis.com
Mattel Wins Summary Judgment Ruling In Dispute Over Bratz Dolls
LOS ANGELES - A federal judge on April 25 rejected assertions by a copyright infringement defendant and former Mattel employee that an invention agreement between he and his former employer is ambiguous as to whether it covers anything other than "inventions" - a term more commonly used with regard to patents, not copyrights (Carter Bryant and MGA Entertainment Inc. v. Mattel Inc., No. CV04-9049, C.D. Calif.). Full story on lexis.com
Magistrate Judge Denies Motion To Stay Decision In Copyright Case
NEW YORK - A dispute between the owner of a copyrighted play and the owners of a copyrighted book will proceed to a ruling, a magistrate judge ordered April 23 (Roger R. Crane Jr. v. Poetic Products Limited, No. 07 Civ. 7063, S.D. N.Y.). Full story on lexis.com
2 Professors Not Immune From Copyright Claims, District Court Says
ATHENS, Ga. - Because a plaintiff sued two University of Georgia professors in their individual capacities and not in their official capacities, they are not entitled to sovereign immunity, a Georgia federal judge held April 18 (National Association of Board of Pharmacy v. Board of Regents of the University System of Georgia, et al., No. 3:07-CV-084, M.D. Ga.; 2008 U.S. Dist. LEXIS 32116). Full story on lexis.com
Federal Judge Invalidates Copyright Remedy Clarification Act
SAN DIEGO - On March 31, the Board of Trustees of the California State University System and professor Robert A. Rauch moved for sanctions against Marketing Information Masters Inc. (MIM), which stands accused of filing a second amended copyright infringement complaint that is nearly identical to its initial complaint that was dismissed with prejudice in February (Marketing Information Masters Inc. v. The Board of Trustees of the California State University System, et al., No. 06cv1682, S.D. Calif.). Full story on lexis.com
District Court Refuses To Reinstate Plaintiff's Request For Actual Damages
NEW YORK - Allegations by a copyright infringement plaintiff that prevailed after a jury trial and won $112,500 in statutory damages that it was forced to elect statutory damages were rejected April 21 (J.S. Nicol Inc. v. Peking Handicraft Inc., No. 03-Civ-1548, S.D. N.Y.; 2008 U.S. Dist. LEXIS 32608). Full story on lexis.com
Academic Publishers Sue University For Posting Textbooks Online
ATLANTA - Three academic publishers filed a copyright infringement suit on April 15 against officials at Georgia State University (GSU), claiming "systematic, widespread, and unauthorized copying" of their works via the university's electronic network (Cambridge University Press, et al. v. Carl V. Patton, in his official capacity as Georgia State University President, et al., No. 1:08-cv-1425, N.D. Ga.). Full story on lexis.com
Panel Upholds Denial Of Motion To Dismiss In Copyright, Patent Case
WASHINGTON, D.C. - The question of whether an allegedly infringing act happened in the United States is an element of the claim for patent infringement, not a prerequisite for subject matter jurisdiction, the Federal Circuit U.S. Court of Appeals held April 28 (Litecubes, LLC and Carl R. Vanderschuit v. Northern Light Products, Inc., No. 2006-1646, Fed. Cir.; See 9/4/07, Page 40; 2008 U.S. App. LEXIS 9166). Full story on lexis.com
Surrender Was Clear, Unmistakable, Federal Circuit Panel Finds
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on April 16 upheld summary judgment of noninfringement, finding that the patentee's surrender of the key subject matter during prosecution was clear and unmistakable (Helena Laboratories Corporation v. Alpha Scientific Corporation, No. 2007-1503, Fed. Cir.; See 12/10/07, Page 44; 2008 U.S. App. LEXIS 8145). Full story on lexis.com
Panel Affirms Summary Judgment In Dispute Over Assertion Of Patent Rights
WASHINGTON, D.C. - A determination of whether an assertion of patent rights was objectively baseless for state law tort claims depends on the outcome of infringement proceedings and the record of the state action, not on the information available to the patentee at the time the assertions were made, the Federal Circuit U.S. Court of Appeals held April 23 (Dominant Semiconductors Sdn. Bhd. v. OSRAM GmbH, et al., No. 2007-1456, Fed. Cir.; 2008 U.S. App. LEXIS 8727). Full story on lexis.com
Divided Federal Circuit Affirms Equivalents Ruling
WASHINGTON, D.C. - A product or process is foreseeable for purposes of determining whether the exception to the presumption against asserting infringement applies if one of skill in the art "would have reasonably foreseen the proposed equivalent at the pertinent time," the Federal Circuit U.S. Court of Appeals held April 18 (Honeywell International, Inc. and Honeywell Intellectual Properties v. Hamilton Sundstrand Corporation, No. 2006-1602, Fed. Cir.; See 3/19/07, Page 49; 2008 U.S. App. LEXIS 8405). Full story on lexis.com

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