Karen Gover
Subscribe to Karen Gover's PostsKaren Gover is a member of the Intellectual Property Practice Group. Read Karen Gover's full bio.
Yo-Ho-No Vicarious Liability for Online Piracy Without Financial Benefit
By Karen Gover on Feb 29, 2024
Posted In Copyrights
The US Court of Appeals for the Fourth Circuit reversed-in-part, vacated-in-part and affirmed in part a district court decision that found an internet service provider liable for $1 billion in damages for vicarious and contributory copyright infringement. Sony Music Entm’t., et al. v. Cox Commc’ns, Inc., Case No. 21-1168 (4th Cir. Feb. 20, 2024) (Harris,...
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We Meant It – No Incorporation by Reference
By Karen Gover on Feb 22, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit issued a sua sponte order regarding the impermissibility of incorporating by reference arguments from one brief into another, especially when doing so causes the brief to exceed the permitted word count. Promptu Sys. Corp. v. Comcast Cable Commc’ns, LLC, Case No. 22-1093 (Fed. Cir. Feb. 16,...
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Rules of Evidence Require Weighing Relevance of Evidence Against Potential Prejudice
By Karen Gover on Feb 8, 2024
Posted In Life Sciences, Patents
The US Court of Appeals for the First Circuit affirmed the exclusion of a drug patent in a medical malpractice case, finding that the highly technical language of the patent would more likely confuse a lay jury than be probative of the issues in the case. Ward v. Schaefer, Case No. 22-1547 (1st Cir. Jan....
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Parody of Iconic Sneaker Isn’t Entitled to Heightened First Amendment Protection
By Karen Gover on Dec 14, 2023
Posted In Trademarks
The US Court of Appeals for the Second Circuit upheld a temporary restraining order and preliminary injunction enjoining use of a trademark and trade dress associated with an iconic sneaker design over a First Amendment artistic expression defense. Vans, Inc. v. MSCHF Product Studio, Inc., Case No. 22-1006 (2d Cir. Dec. 5, 2023) (per curiam)....
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A Step Forward for Choreography and Copyright
By Karen Gover on Nov 16, 2023
Posted In Copyrights
In a rare ruling on infringement of a copyright on choreography, the US Court of Appeals for the Ninth Circuit reversed the dismissal of a copyright infringement action, holding that the district court erred in its application of the substantial similarity standard in terms of the line between animation and choreography, and remanded for further...
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