agencies u-s-court-of-appeals-for-the-first-circuit 
LexBlog IP
JULY 7, 2023
District Court for the Southern District of New York denied Richard Prince’s request for summary judgment in two copyright infringement lawsuits brought against him, paving the way for a trial in Manhattan on the scope of fair use. [2] On May 11, the U.S. 2] A week later, the U.S. 2] A week later, the U.S. 3] Graham v.
IP Tech Blog
JUNE 21, 2021
Arthrex , the United States Supreme Court ruled that Patent Trial & Appeal Board (“PTAB”) Administrative Patent Judges (“APJs”) are unconstitutionally appointed because they effectively wield the power of principal officers while being appointed as inferior officers. On June 21, 2021, in United States v. 594 U.S. _ (2021).
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Technology & Marketing Law Blog
AUGUST 3, 2022
The court rejects the claim because a “place of public accommodation” does not cover “retail websites without any connection to a physical space.” ” This is a published opinion, so it sets CA law until it’s superseded. .” Martinez claims that the website isn’t ADA compliant.
Patently-O
AUGUST 22, 2022
The extended delay here suggests to me that the court will still deny this petition, but the denial will be accompanied by explanatory opinions that further extend the doctrine. Split infinitives: Federal Circuit divides on Indefiniteness. by Dennis Crouch. The indefiniteness-focused en banc petition in Nature Simulation Sys.
Technology & Marketing Law Blog
OCTOBER 21, 2021
The plaintiffs sued for First Amendment violations (presumably a 1983 claim). The court previously denied a TRO. It’s not a close call. This argument is foreclosed by Prager U. The plaintiffs are “conservative content creators” (i.e., QAnon enthusiasts) who posted videos to YouTube. YouTube suspended their accounts.
Technology & Marketing Law Blog
JUNE 20, 2023
[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v.
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