Posts by ADLI Law Group
When it comes to damages recovery, design patents trump utility patents
Determination of reasonable royalty is often difficult to prove and can leave a large portion of the profits with the infringer. Lost profits, on the other hand, corresponds to the sales the patent owner would have made if it had not been for the infringement. Design patents are not as popular as their better-known sibling,…
Read MoreFrench Montana’s Legal Triumph: ADLI Law Group’s Victory in Copyright Dispute
ADLI Law Group is pleased to announce a significant legal triumph on behalf of our esteemed client, the renowned rapper French Montana. The victory comes in the context of a copyright infringement lawsuit filed by artist Eddie Lee Richardson, known professionally as Hotwire the Producer. In a meticulously considered decision, U.S. District Judge Nancy L.…
Read MoreWarhol and Prince: Redefining Fair Use
In a highly consequential decision involving signature works of renowned artist Andy Warhol and photographs of music legend Prince, the U.S. Supreme Court has clarified the long-standing fair use defense to copyright infringement and narrowed the scope of transformative works that qualify as fair use. The decision in Andy Warhol Foundation for the Visual Arts,…
Read MoreSupreme Court Nixes First Amendment Defense To Trademark Infringement
The U.S. Supreme Court has practically nixed a longstanding and widely adopted First Amendment defense co trademark infringement that exempted certain unauthorized but “artistically expressive~ usages of trademarks from the reach of the Lanham Act. The specific issue decided in Jack Daniel’s, was application of the “Rogers test”, a decades old standard, which aimed to…
Read MoreCopyright Protection for Public Performances of Pre-1972 Music
A 2021 decision by the Ninth U.S. Circuit Court of Appeals has renewed focus on the scope and extent of copyright protection for public performances of pre-1972 sound recordings. The issue decided by the three-judge panel for the Ninth Circuit was whether California state copyright law protects rights to public performances of music created before…
Read MoreThe Subject Was Patent Eligibility
Section 101 of the patent act sets the foundational requirements an invention must meet to be eligible for patent protection. A recent en banc decision of the federal Circuit Court of Appeals highlights the deadlock, division, and confusion over the proper standard and correct application of the standard for subject matter eligibility under 35 USC…
Read MoreUncertain fate of AB 51 and PAGA arbitration prohibition
Judge William A. Fletcher, one of the judges in the original 2-1 panel majority upholding AB 51, switched sides on Appellant’s en bane rehearing petition and voted for a panel rehearing. In a stunning act of backtracking, a panel of the Ninth Circuit Court of Appeals has vacated its earlier decision upholding the validity of…
Read MoreDefenses to Performance of COVID-19 Impacted Contracts
A recent decision by an Orange County Superior Court judge confirms the viability of the defenses of impossibility or impracticability of performance of certain COVID-19 impacted contracts, and finds a remedy is reformation of such contracts in accordance with the equities of a particular case. Balboa Capital Corporation v. Ederra Plastic Surgery, PC, Case No.…
Read MoreSubject matter eligibility for obtaining patent protection
The U.S. Supreme Court has strongly indicated that it intends to grant a writ of certiorari to review a ruling by the Federal Circuit court of appeal, dealing with subject matter eligibility for obtaining patent protection. Patent subject matter eligibility is covered under 35 U.S.C. § 101, which provides that “[w]hoever invents or discovers any…
Read More