Rodney Swartz, PhD
‘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...
Continue Reading
Show Your Work: PTO Director’s Procedure for Issuing Instructions Is Reviewable
By Rodney Swartz, PhD on Mar 23, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the district court’s finding under the Administrative Procedure Act (APA) that the substance of the US Patent & Trademark Office (PTO) Director’s instructions is unreviewable but reversed the finding that the cloak of unreviewability extended to the procedure used in issuing the instructions. Apple v....
Continue Reading
Sleep Better: Amendments Proposed during IPR Deemed Proper and Valid
By Rodney Swartz, PhD on Nov 29, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s (Board) finding that proposed amendments made during an inter partes review (IPR) are valid and proper despite the inclusion of changes not related to patentability issues raised in the petition. Nat’l Mfg., Inc. v. Sleep No. Corp., Case No....
Continue Reading
DMCA Scienter Requirement Not Satisfied without Evidence of Knowledge of Inducement or Concealment
By Rodney Swartz, PhD on Sep 1, 2022
Posted In Copyrights
Interpreting a provision of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1202(b), for the first time, the US Court of Appeals for the Eleventh Circuit affirmed a summary judgment ruling that the plaintiff failed to satisfy the second scienter requirement of § 1202(b) by not showing that the defendant knew, or had reasonable...
Continue Reading