Today the Second Circuit vacated an order certifying a class of freelance authors and approving a settlement with electronic publishers. The case involved claims that the publishers infringed the writers’ copyrights by using electronic versions of their works without express permission. The court held that the lack of registrations for "the overwhelming majority" of the
E.D. Tex. Blawg Fun to Read
Michael Smith publishes the EDTexWeblog.com. He writes often about patent cases, which have proliferated in the Eastern District of Texas over the last several years. As Mr. Smith takes pains to explain, the Eastern District attracts important patent infringement suits not because patentholders usually win but because the judges there handle the litigation efficiently
Federal Circuit Requires “Clear and Unmistakable” Disavowal of Patent Claim Scope
In Elbex Video, Ltd. v. Sensormatic Electronics Corp., No. 07-1097 (Fed. Cir. Nov. 28, 2007), the court held that the defendant failed to show a "clear and unmistakable" disavowal of a patent claim’s literal scope during prosecution of the patent. The disavowal in Elbex concerned whether, in a closed circuit television system, a
This Price-Fixing Case Looks Pretty Sweet
Have Nestle, Cadbury, Mars, and Hershey bitten off more than they can chew?
There. Blawgletter said it. The it meaning the title of this post.
You’d have done the same thing in our place.
Our provocation? We learned today that Canadian antitrust authorities have started an investigation into whether multinational chocolatiers fixed prices on the
Quote of the Day: Jerre S. Williams
Dissenting from the en banc Fifth Circuit’s refusal to require district courts to consider what we now call Batson challenges in jury selection, Judge Jerre S. Williams closed with this:
Ugly in its practice and insidious in its effects, invidious racial discrimination deserves no protection in any area of society, least of all in the
FCC Delays Vote on 70/70 Rule for Cable
Agency majority wants more detective work.
The Federal Communications Commission put off voting on a controversial finding in its annual report on competition in the cable industry, according to Bloomberg.
The finding would have triggered more regulatory authority, including the power to stop Comcast and Time Warner from bundling dozens of worthless channels that
In re Zipper Price-Fixing
Have you ever wondered why your handbag costs so much? How about your jogging suit? Blue jeans? Pillow? Backpack? Luggage? UGG boots?
A new price-fixing lawsuit against the dominant makers of "apparel fasteners" — including zippers — may hold part of the answer.
The case, Little Earth Productions, Inc. v. YKK Corp., No. 07-cv-04888-RBS
More on Reviving ERISA
One of Blawgletter’s favorite legal journalists, Linda Greenhouse, writes today about the oral argument yesterday in LaRue v. DeWolff, Boberg & Assocs., Inc., No. 06-856 (U.S.). For background, see "Reviving ERISA: Justices Hear Argument in Key Pension Rights Case".
Ms. Greenhouse reports:
Several justices said it would not be easy
Cable Facing Competition? Yeah, Right.
Blawgletter serves as co-lead counsel in litigation against one of the two biggest cable service providers, Behrend v. Comcast Corp. (E.D. Pa.). The lawsuit alleges that Comcast entered into swaps (trading subscribers in area A for ones in area B) and acquisition deals with competing providers. The result? Comcast and Time Warner now control
Finding Literal Truth True Was Clear Error in Securities Class Action, Ninth Circuit Holds
The Ninth Circuit did something today that courts of appeal rarely do. It held a district court clearly erred in its findings of fact following a bench trial. Even more unusually, the court ordered entry of judgment in favor of the plaintiffs. Miller v. Thane Int’l, Inc., No. 05-56043 (9th Cir. Nov. 26