07/12/2013 The Eight Circuit affirmed the constitutionality of statutory damages for copyright infringement against the challenge that it is disproportionately excessive in Capitol Records, Inc. v. Thomas-Rasset, 692 F.3d 899 (8th Cir. 2012). In 2011, record companies sued a woman for making copyrighted music available to others for free download by using a file-sharing service.  First the jury [...]

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08/11/2013 On August 7, 2013, the Federal Circuit affirmed-in-part the lower court’s decision in Apple Inc. v. ITC (2012-1338) finding no Section 337 violation in Certain Mobile Devices, and Related Software Thereof (Inv. No. 337-TA-750). The Federal Circuit ruled that Apple’s U.S. Patent No. 7,663,607, which related to a touch panel with a transparent capacitive [...]

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02/09/2012 In the world of art, stimulating creativity becomes a constant battle between allotting freedom to new works of art while protecting original artists. Fundamentally, copyright’s aim is to promote creativity in order to benefit the public. By granting exclusive rights to authors, ideally copyright law incentivizes such creativity by original authors. But copyrights must [...]

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07/01/2013 In Regents of the University of Minnesota v. AGA Medical Corp., No. 12-1167 (Fed. Cir. June 3, 2013), the Federal Circuit affirmed the district court’s partial dismissal of a suit brought by the University of Minnesota (“the University”) alleging that AGA Medical Corp. (“AGA”) infringed the University’s medical devices patents. The University’s patents cover [...]

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Do Business Method Patents Hurt or Help? A Financial Industry Perspective, 14 VA. J.L. & TECH. 147 (2009). Abstract The State Street Bank decision of 1998 affirmed U.S. business method patents. Along with the subsequent downpour of patent filings came a shower of commentary from the legal and business communities alike. The literature has generally [...]

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