Jodi Benassi
Subscribe to Jodi Benassi's PostsJodi Benassi focuses her practice on litigation and investigations. Jodi has experience in federal court district actions in California, Texas, Florida and Michigan and actions before the US Trademark Trial and Appeal Board (TTAB) of the US Patent and Trademark Office (USPTO). She has also conducted internal investigations on behalf of audit committees from high profile Fortune 500 organizations to Silicon Valley start-ups. Jodi Benassi's full bio.
Uncompleted Building Sold in Bankruptcy Doesn’t Infringe Architect’s Copyright
By Jodi Benassi on Aug 24, 2023
Posted In Copyrights
The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that there was no actionable infringement where an uncompleted building sold under the authority of a bankruptcy court was later completed. Cornice & Rose International, LLC v. Four Keys, LLC et al., Case No. 22-1976 (8th Cir. Aug. 11, 2023) (Loken,...
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Copyright Office Issues New Rule
By Jodi Benassi on Aug 17, 2023
Posted In Copyrights
Adopting its interim rule from December 2022, the US Copyright Office issued a final rule that governs district court referrals, proof of service forms, default proceedings and the appearance of law student representatives before the Copyright Claims Board (CCB). District Court Referrals CCB proceedings qualify as alternative dispute resolution processes under 28 U.S.C. § 651...
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Serving a Perfect 10: No Protection for Embedding
By Jodi Benassi 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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Transfer Motions Take Priority Regardless of Target District
By Jodi Benassi on Mar 16, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit granted a writ of mandamus and ordered the district court to decide a motion for intra-district transfer before proceeding to further substantive matters, explaining that both intra-district and inter-district transfer motions must be prioritized. In re: Apple Inc., Case No. 23-120 (Fed. Cir. Mar. 6, 2023)...
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Message to Judge Albright: Venue Motions Are First Order of Business
By Jodi Benassi on Nov 17, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a scheduling order from the US District Court for the Western District of Texas and directed the court to postpone fact discovery and other substantive proceedings until it considered a motion for transfer. In re: Apple Inc., Case No. 22-162 (Fed. Cir. Nov. 8, 2022)...
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Seeing Starz: No Damages Bar in Copyright Discovery Rule Case
By Jodi Benassi on Aug 4, 2022
Posted In Copyrights
The US Court of Appeal for the Ninth Circuit affirmed a district court’s denial of a motion to dismiss copyright infringement claims as barred by the statute of limitations, affirming the copyright owner’s right to sue even though more than three years had passed since the alleged infringement occurred. Starz Entertainment, LLC v. MGM Domestic...
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No Winners Here: A Case Can Have No Prevailing Party
By Jodi Benassi on Jul 21, 2022
Posted In Trademarks
In a matter of first impression, the US Court of Appeals for the Eleventh Circuit found that there may be no prevailing party for purposes of assessing costs and attorneys’ fees under Federal Rule of Civil Procedure 54(d). Royal Palm Properties, LLC v. Pink Palm Properties, LLC, Case No. 21-10872 (11th Cir. July 7, 2022)...
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Patent Infringement Verdict Nixed over Judge’s Stock Ownership
By Jodi Benassi on Jul 14, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s opinions and orders and remanded the case for further proceedings before a different district court judge because the original judge had failed to divest all financial interests in the case. Centripetal Networks, Inc. v. Cisco Systems, Inc., Case No. 21-1888 (Fed. Cir....
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There Should Be No Secret about Scope of Trade Secret Injunction
By Jodi Benassi on May 26, 2022
Posted In Trade Secrets
In the context of an interlocutory appeal, the US Court of Appeals for the Federal Circuit vacated a portion of a preliminary injunction in a case involving alleged misappropriation of trade secrets for failing to provide sufficient specificity as to what it prohibits. Carl Zeiss Meditec, Inc. v. Topcon Medical Systems, Inc. et al., Case...
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The Perils of Falling in Love
By Jodi Benassi on May 12, 2022
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit that sought a declaratory judgment on the basis that a notice of termination of copyright assignment under 17 U.S.C. § 203 did not validly terminate a 1983 grant of rights in the copyright. Valentina M. Peretti Acuti, et al. v....
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