Tag Archives: litigation

Viacom v. YouTube: The Saga Continues

May 20, 2024 Copyright

YouTube is no stranger to copyright infringement issues.  In 2008, Viacom filed a $1 billion copyright infringement suit against YouTube, claiming that the video site contributed to an explosion of copyright infringement by permitting users to post infringing videos.  The federal district court eventually dismissed Viacom’s action against YouTube on grounds that the Digital Millennium […]

Attorney’s Fees: Adding Insult to Injury

February 6, 2023 Copyright

*Originally posted on December 17, 2020 In addition to an award of statutory damages, the ability to obtain attorney’s fees is often touted as an advantage of registering a copyright.  Indeed, it is a strong incentive for some lawyers to take copyright infringement cases on a contingency basis. What’s not often discussed is that should […]

The Largest Patent Infringement Judgement in U.S. Not a Judgement

October 6, 2022 Patent

Question: When is the Largest Patent Infringement Judgement in U.S. History Not a Judgement? Answer:  When the judge’s wife owns $5,000 worth of stock in the infringer! The amount at stake was $2.75 Billion.  That’s Billion, with a ‘B,’ the largest patent infringement judgement in U.S. history.  The parties were Centripetal Networks, Inc., the patent owner, […]

Ask Dr. Copyright About Bringing Lawsuits

January 28, 2021 Ask Dr. Copyright

Dear Doc: I’ve heard you say many times that Americans have a right to sue each other for any reason, so lawyers can’t tell their clients that they won’t get sued, only that in a properly adjudicated case, they have a high probability of prevailing. Aren’t there ANY limits on lawsuits? Signed,Fed Up Dear FU: […]

Don’t Mess with Texas

July 14, 2017 Litigation, Patent

The Eastern District of Texas is a large rural Federal judicial district.  The biggest city is about the size of Allentown, Pennsylvania.  Not what you would expect of a hotbed of patent litigation.  Nonetheless, the Eastern District of Texas has dominated patent infringement litigation for years.  In the first quarter of 2017, patent plaintiffs filed […]

Have a Great Idea for BMW? Forget About It!

March 1, 2016 Litigation

Have you ever had a great idea for an existing product? Were you dying to approach the manufacturer to suggest it? Do you think that the manufacturer would even listen to you? David Lazarus, an LA Times reporter, recently wrote about this subject.  Mr. Lazarus recounts the experience of a Dr. Ron Aryel, who approached […]

Want to Collect Attorney’s Fees? Explain Why You Don’t Infringe!

February 9, 2016 Lipton Weinberger & Husick Blog

Most parties to litigation have to pay their own attorneys’ fees.   The patent statute includes an exception – in “exceptional” circumstances, the successful party in patent infringement litigation can collect attorneys’ fees from the losing party. Not every losing litigant is liable for the other party’s fees.  The reasonableness of the party’s litigation position and the unreasonableness […]

Busy, Busy, Busy

June 28, 2014 Patent

The Supreme Court has had a busy time of it in June stirring the patent pot, with decisions in three cases and arguments in a fourth. The general rule is that whenever the Supreme Court decides a patent case, the law is left in worse shape than it was before. The recent decisions are no […]

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