Hannah Hurley
Subscribe to Hannah Hurley's PostsHannah Hurley focuses her practice on intellectual property litigation matters.
Off the Charts: Derivative Work Copyright Registers All Material in Derivative Work
By Anisa Noorassa and Hannah Hurley on Jul 27, 2023
Posted In Copyrights
In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’ fees, and remanded an action alleging infringement of copyright in two charts depicting organizational change. The Court...
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Serving a Perfect 10: No Protection for Embedding
By Jodi Benassi and Hannah Hurley on Jul 27, 2023
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit found that a photo- and video-sharing social networking service could not be liable for secondary copyright infringement because embedding a photo does not “display a copy” of the underlying image. Hunley v. Instagram, LLC, Case No. 22-15293 (9th Cir. July 17, 2023) (Bybee, Bumatay, Bennett, JJ.)...
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Speculative Injury from Rulemaking Petition Denial Doesn’t Confer Standing
By Cecilia Choy, Ph.D. and Hannah Hurley on Jul 20, 2023
Posted In America Invents Act, Patents
The US District Court for the District of Columbia affirmed the dismissal of a case alleging that the US Patent & Trademark Office (PTO) violated the Administrative Procedure Act (APA) by denying the plaintiffs’ rulemaking petition. The district court found that the plaintiffs’ alleged injury was too speculative to confer Article III standing. US Inventor,...
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Personal Jurisdiction? Selling Products via Interactive Website Will Do It
By Cecilia Choy, Ph.D. and Hannah Hurley on Jul 13, 2023
Posted In Trademarks
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal for lack of personal jurisdiction, deciding that the sale of a product via an interactive website provides sufficient “minimum contacts” to support jurisdiction over a nonresident defendant in a state where the defendant causes the product to be delivered....
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‘Show Me The Money’ Isn’t Enough: Disproportionate $1.7M Attorneys’ Fees Rejected
By Rodney Swartz, PhD and Hannah Hurley on Jun 22, 2023
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit reversed and remanded a $1.7 million award of attorneys’ fees, finding the amount unreasonable compared to the benefit the plaintiffs received. Lowery v. Rhapsody International, Inc., Case No. 22-15162 (9th Cir. June 7, 2023) (Smith, Collins, Lee, JJ.) Streaming music providers such as Apple Music, Spotify...
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Neither Narrow Proposed Claim Construction nor Work Product Claim Justify Withholding Material Factual Information
By Cecilia Choy, Ph.D. and Hannah Hurley on Jun 1, 2023
Posted In Patents
The Patent Trial & Appeal Board of the US Patent & Trademark Office (PTO) canceled all challenged claims across five patents because the patent owner failed to meet its duty of candor by selectively and improperly withholding material information that was inconsistent with its patentability arguments. Spectrum Solutions, LLC v. Longhorn Vaccines & Diagnostics, LLC,...
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