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Post-'Festo' Cases Raise More Issues
A number of recent cases have dealt with the threshold issue in a Festo analysis, namely whether an amendment to a patent claim during prosecution of a patent application narrowed the scope of the claim limitation at issue, so as to preclude reliance on the doctrine of equivalents. Attorney Catriona M. Collins discusses this issue through an analysis of several Federal Circuit decisions.
No Money Back for Gallery Worker Who Relied on Estimate of Schnabel Painting's Value
A woman who worked in art galleries in Beijing and relied on an art dealer's valuation of a painting by Julian Schnabel cannot recoup the $290,000 she paid for the work, a Manhattan judge has ruled. The judge dismissed the woman's suit, finding that a "party is not justified in relying on any alleged misrepresentations if the facts were not peculiarly within" the other party's knowledge and the party had the means to learn the truth by exercising ordinary intelligence.Fair Use Puts Nudie Pics Back on Google
The world's dominant search engine scored a significant copyright victory today against cheesecake purveyor Perfect 10, which had attacked Google over its thumbnail images service.Journalists Born to Run With Springsteen Bootleg?
Bruce Springsteen made headlines with a song about the shooting of Amadou Diallo by New York City police. Journalists ran commentary about the song, quoting the lyrics extensively and using audio clips of Springsteen performing the song in concert. While the fair use doctrine under the Copyright Act probably protects use of the lyrics, the use of the audio clips is another story.2nd Circuit Took a Look, Cleared the Way for Poet's Book
A federal appeals court vacated an injunction against a compilation of Dorothy Parker poems for alleged copyright violations. Although Penguin Putnam Inc. admitted that it photocopied plaintiff Stuart Y. Silverstein's collection of Parker's poems and rearranged them chronologically for a section of its book, a 2nd Circuit panel ruled that Silverstein's protectable interest was too small to keep Penguin's book off the shelves.
Suit Against Producers of 'Bourne' Film Proceeds
A writer who claims to have penned a screen treatment in the 1970s based on author Robert Ludlum's "The Bourne Identity" can continue to pursue his suit against the creators of the 2002 hit movie of the same title. Manhattan Supreme Court Justice Bernard Fried declined to dismiss the action in spite of some defendants' strenuous arguments that the statute of limitations in the breach of contract case had expired. The Universal film, which grossed over $200 million, did not use the plaintiff's treatment.TRENDING STORIES
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