copyright litigation handbook · e new section: websites: discussing recent ninth circuit decisions...

Intellectual Property Library

Copyright Litigation Handbook

By Raymond J. DowdDunnington, Bartholow & Miller, LLP

For Customer Assistance Call 1-800-328-4880

Mat #42490688

© 2019 Thomson Reuters

This publication was created to provide you with accurate and authorita-tive information concerning the subject matter covered; however, this pub-lication was not necessarily prepared by persons licensed to practice lawin a particular jurisdiction. The publisher is not engaged in renderinglegal or other professional advice and this publication is not a substitutefor the advice of an attorney. If you require legal or other expert advice,you should seek the services of a competent attorney or other professional.

ISBN 978-1-539-23392-3

Introduction to the 2019-2020 Edition

The Copyright Litigation Handbook 2019-2020, byRaymond Dowd, guides the subscriber through all the stepsof copyright litigation. The author, a recognized expert, walksattorneys step-by-step from the moment a prospective clientcalls through the calculation of litigation costs and attorney’sfees. This book includes sample forms, pleadings, motions,checklists, and practice tips, and includes up-to-datecitations.

Highlights of the New EditionE Copyright Registration: The Supreme Court’s deci-

sion in Fourth Estate Pub. Benefit Corp. v. WallStreet.com.

E Litigation Expenses: The U.S. Supreme Court’s de-cision in Rimini Street, Inc. v. Oracle USA, Inc. ,clarifying that litigation expenses, such as those forexpert witnesses, may not be awarded as “costs” ontop of attorney’s fees and actual or statutory dam-ages, in a copyright case.

E New Section: Resale of Music Files: Recent deci-sions by the Ninth Circuit, in ABS Entertainment,Inc. v. CBS Corp., and the Second Circuit in CapitolRecords, LLC v. ReDigi Inc.

E Visual Arts: The Ninth Circuit’s decision in Bram-mer v. Violent Hues Productions, LLC, regardingcopyrightability of photographs.

E New Section: User-generated Content: Discussingthe Second Circuit’s decision in BWP Media USA Inc.v. Polyvore, Inc.

E New Section: Websites: Discussing recent NinthCircuit decisions in Erickson Productions, Inc. v Kast,and VHT, Inc. v. Zillow Group, Inc.

E New Section: Internet Protocol Address—Identifying the Infringer: The potential complexityof identifying the infringing user, and the NinthCircuit’s decision in Cobbler Nevada, LLC v Gonzales.

E Sanctions Under Rule 11: The Seventh Circuit’s de-cision in a case where material information was omit-

iii

ted from court submissions, in Bell v. Vacuforce, LLC,and other recent decisions.

E New Sections: Sanctions: Discussing Federal Rulesof Civil Procedure, specifically Rule 16, Rule 26, andRule 37, including, e.g., the consequences of failure tocomply with scheduling and discovery orders.

E Jurisdiction Over Foreign Defendants: The NinthCircuit’s recent decision in Universal Music MGB NALLC v. Quantum Music Works Inc. and the FourthCircuit’s decision in Sneha Media & Entertainment,LLC v Associated Broadcasting Co. P Ltd.

E Sovereign Immunity: The U.S. Supreme Court hasgranted certiorari in the Fourth Circuit decision, Al-len v. Cooper.

E Practice Pointers: Pro-IP Act—Judicial proceduresclarified; Timely Service on Infringing Subscribers ofInternet Protocol Addresses; Motions To Intervene—Timeliness; Joinder Motions of Copyright Owners;Claim Preclusion Effect of Patent Infringement Case.

COPYRIGHT LITIGATION HANDBOOK

iv

To Dan Marotta, the best lawyer I know.

v

About the Author

Raymond J. Dowd is a member of Dunnington, Bartholow& Miller’s litigation and arbitration, intellectual propertyand art law and international practice areas. He has servedas lead counsel in high-stakes, high-profile litigations andarbitrations in New York for over two decades. His bookCopyright Litigation Handbook (Thomson Reuters/Westlaw)has received critical acclaim. Acting as a fiduciary by servingon non-profit boards has shaped his practical problem-solvingapproach and perspective. Business disputes form the core ofMr. Dowd’s practice. He works with a lean, experienced team,including trusted experts, to contain, avoid, minimize, andsettle disputes. Matters often involve foreign law andconflict-of-laws principles, service or discovery in foreignjurisdictions. Mr. Dowd regularly represents televisionbroadcasters in disputes relating to brand protection andcontent distribution in the United States, particularlyantipiracy work. Ground-breaking litigation to recoverartworks lost during World War II has gained amicus curiaesupport from Holocaust survivors and heirs.

Mr. Dowd represents individuals, corporations, non-profits and governments in a wide range of matters. Trustand estates matters include contested probate proceedingsthrough trial and disputes involving, trusts, heirship anddecedents’ estates. Contested matters include copyright andtrademark disputes, shareholder actions, business dissolu-tions, contract disputes, licensing disputes and contestedaudits or accounting proceedings, including bench and jurytrials, arbitrations and administrative proceedings, emer-gency applications for injunctive relief, quashing subpoenas,obtaining, enforcing and collecting judgments. Samplerepresentations:

CTC Network v. Actava (SDNY) — Obtained perma-nent injunction blocking unauthorized broadcasts of Russian-language internet protocol television (IPTV) on behalf ofRussian broadcaster;

Matter of Flamenbaum (NY Court of Appeals — Sur-rogate’s Court Nassau County) — Represented the Republicof Germany in appeals from an estate accounting proceed-ing, obtained judgment returning 1200 B.C. tablet excavated

vii

from the Temple of Ishtar;Reif v. Nagy (NY County Supreme — Commercial Divi-

sion) — Obtained emergency seizure of two artworks by theartist Egon Schiele displayed at the Park Avenue Armory;

Energy Conservation Group v. Applied Underwrit-ers (Queens County Supreme — Commercial Division) —Obtained temporary and preliminary restraining ordersblocking arbitration and obtained an order compelling a $1.4million bond against insurer;

Cartagena v. J.W. Thompson (SDNY) — Achieved dis-missal of copyright infringement action in favor of arbitra-tion via pre-answer motion on behalf of a non-signatory tothe arbitration agreement;

Bakalar v. Vavra (SDNY — Second Circuit) — Triedfirst-ever Holocaust-era art litigation in U.S. federal court;prevailed on appeal on significant conflict-of-laws questionon New York, Swiss and Austrian law on stolen art;

Chum Ltd. v. Lisowski (SDNY) — Obtained summarydeclaration in trademark infringement and unfair competi-tion action that mark FASHION TELEVISION is generic,then prevailed in bench trial for broadcaster of FASHIONTVchannel;

Matter of Doris Duke (NY Court of Appeals — Appel-late Division, First Department — Surrogate’s Court NewYork County) — Removed Duke’s butler Bernard Laffertyand United States Trust Company of New York as Co-Executors of the estate of American Tobacco heiress DorisDuke in then-largest estate ever probated in New York; laterupheld New York’s first-ever honorary testamentary pet trustresulting in $100,000 trust for Doris Duke’s dogs;

Gleason v. Gerson (NY County Supreme) — Removedincumbent City Councilman from ballot and uncovered cam-paign misconduct;

Gleason v. Scopetta/City of New York (Second Circuit— EDNY) — Obtained reversal of ruling on stolen FDNYmedical records on question of “state action,” asserted privateright of action under Americans With Disabilities Act medi-cal records confidentiality provision; obtained judgmentunder 42 U.S.C. § 1983 for disabled, retired New York Cityfirefighter;

Matter of Anonymous Child (Surrogate’s Court NYCounty) — Finalized adoption for adoptive mother incontested adoption of sister’s child in the wake of September


viii

11, 2001 attacks.Mr. Dowd also assists individuals, art owners, dealers

and corporations with trademark and transactional work,including international licensing and distribution. Helectures regularly on art law and copyright law. In 2006, heco-founded the annual day-long Art Litigation and DisputeResolution Institute at New York County Lawyers’ Associa-tion featuring the top judges and practitioners in art law.

Mr. Dowd has served as President of Network of BarLeaders (2013-2014); General Counsel of the Federal Bar As-sociation (2010-2011); FBA Vice President for the SecondCircuit (2006-2012); FBA Board of Directors (2011-2016);The Federal Lawyer Magazine Editorial Board; FBA Govern-ment Relations Committee; FBA President of SouthernDistrict of New York Chapter (2006-2008); New York CountyLawyers’ Association Board of Directors (2003-2006);National Arts Club Second Vice President, Chair Audit Com-mittee (2016-Present); Co-Chair of Fordham Law School’sInternational Law Affinity Group (2016-Present); Village ofWesthampton Beach Conservation Advisory Council (2014-Present).

Mr. Dowd is a member of the Copyright Society of theU.S.A.; New York State Bar Association, Commercial andFederal Litigation Section and Intellectual Property LawSection, Fellow, New York State Bar Foundation; SustainingLifetime Fellow, Foundation of the Federal Bar Association.

Mr. Dowd is admitted to practice law in New York State,the U.S. District Courts for the Southern and EasternDistricts of New York, U.S. Court of Appeals for the First,Second, Fifth, Ninth and Tenth Circuits, U.S. SupremeCourt, U.S. Tax Court and U.S. Court of International Trade.

Mr. Dowd earned a Bachelor of Arts from ManhattanCollege in International Studies cum laude and a Juris Doc-tor from Fordham University School of Law, serving asArticles Editor for the Fordham International Law Journalwhere he currently serves as an Adjunct Professor.

Mr. Dowd is fluent in French and Italian.E-mail: [email protected]

ABOUT THE AUTHOR

ix

Acknowledgments

My clients, whose trust, support, and friendship makeeverything possible.

My friend Jacob Getz, who got me mixed up in all of this.My editors at West publishing, Phil Dorsey and Molly

McNulty, for their patient brand of tough love cheerleadingthat helped me put together this book during a period ofintense litigation practice. I needed the drop-dead deadlinesjust as much as the adjournments. Ross Barron, a talentedintern from New York Law School whose research and writ-ing helped me through the home stretch and ProfessorMariana Hogan for recruiting Ross.

Register of Copyright Marybeth Peters and the U.S.Copyright Office’s legal expert Jule Sigall, for showing mearound the office and helping me understand some of the dif-ficulties facing litigators and judges who try to interpret theCopyright Act.

The leaders and members of the Copyright Society of theUnited States of America. The warm reception and thestimulating scholarship that I’ve been exposed to has beentremendously valuable. Special thanks to Amy Nickerson,Jay Kogan, Barry Slotnick, Helene Blue, Judith Bresler,Alan Hartnick, Howard Abrams, Corey Field, Noel Silver-man, Nancy Wolff, and Bob Clarida. Professor Hugh Hansenhas been a great friend for many years. Judi Finell, one ofthe nation’s top musicologists, gave me a greater understand-ing of how experts can be used before a complaint is filed.Professor Carol Steinberg for the fine arts. Professor WilliamPatry’s copyright blog has been a delight throughout. ScottBain of the Recording Industry Association of America forthe jury instructions. Mary Minow for the copyright dura-tion charts.

The leaders and members of the New York CountyLawyers’ Association and the Federal Bar Association. Thesetwo organizations have supported me through the years andhelped me grow as a professional. Judge Stephen Crane andBarry Levy have been my mentors and role models. SteveMasur, Marty Novar and Olivera Medenica for theircollaboration.

xi

My editors at the New York Law Journal, Steve Homan,Mike Paquette and Editor-in-Chief Kris Fischer for support-ing me through the years.

The judges of the Second Circuit and the Southern andEastern Districts of New York, whose brilliance has informedthe nation’s understanding of the Copyright Act, and whosepatience I have tested on so many occasions. Judge LorettaPreska for the Nuts & Bolts of Copyright Litigation Continu-ing Legal Education program.

Finally, my many learned adversaries over the years. Tolearn chess, you must play the masters. I am grateful for thelessons and the many friendships that have resulted.

Special thanks to Michael Zussman, a student from NewYork Law School, for his help updating the 2007 edition.

Publisher and author gratefully acknowledge the contri-butions of Karen B. Tripp to the 2011 upkeep of this book.


xii

Preface to the First Edition

This book was conceived during a copyright infringementtrial before the Honorable Denny Chin in United StatesDistrict Court, Southern District of New York. I realized atthe time that much of the information I needed at my finger-tips was scattered in different sources. Brilliant treatiseshave been written, but all too large to fit in a briefcase andcarry into a courtroom for quick reference. This book beganas an attempt to pull those scattered sources together and toprovide practitioners with useful checklists.

While putting the book together, I realized that no bookhad been written for a litigator who knew nothing aboutcopyright having to figure out the issues, and litigate a case.This work attempts to explain how to prepare and conduct acopyright litigation from beginning to end. I hope thatspecialists find it a handy complement to their existinglibraries and that it will help nonspecialists to separate theforest from the trees.

I urge readers to contact me at [email protected] point out my errors and omissions. Critical feedback willstrengthen future editions.

xiii

Foreword

Purpose of this workCopyright litigation has exploded in recent years. Many

attorneys must confront litigation involving copyright withlittle or no experience involving the subject matter ofcopyright. This work is intended to assist those attorneys ininvestigating, pursuing, or defending a copyright litigationfrom the first client interview through judgment. It is alsointended to be useful to the experienced practitioner wishingto consult a work organized around the Federal Rules ofCivil Procedure. This work differs from available works oncopyright by focusing on what a litigator will need at eachstage of litigation in federal court involving copyright, with aparticular focus on copyright infringement actions.

This reference is designed to be a handy volume kept ata practitioner’s desk; to fit in a briefcase; or to be brought tocourt. It provides a trial lawyer’s perspective of the laws andprocedures with corresponding checklists and practice tips.Copyright office procedures described are only those mostcommon for a litigator. The Copyright Act of 1976, 17U.S.C.A. § 101 et seq. broadly preempts equivalent state lawclaims. Accordingly, this work’s emphasis is on the FederalRules of Civil Procedure, the Federal Rules of Evidence, andthe issues related to choosing a forum such as removal andpreemption. It is designed by and written for the civil, ratherthan the criminal, practitioner.

Scope and limitations of thiswork

This work is intended as a simple and handy referencefor an attorney encountering copyright issues in a litigationwith a particular emphasis on federal practice and copyrightinfringement litigation. The checklists and practice tips aresubjective assessments of information that have proved use-ful in the author’s experience. Such checklists and practice

xv

tips are not intended to be exhaustive or to substitute forgenuine independent legal research, nor may they be usefulor appropriate in every situation. Excellent scholarlytreatises analyze the many facets of copyright in depth andshould be consulted in the ordinary course of practice.1

Constantly changing case law and statute mean that thepractitioner must check case citations for new developments.

Each chapter is designed to help the litigator separatethe forest from the trees in terms of focusing on the aspectsof copyright law relevant to the tasks to be accomplished.Criminal aspects of copyright litigation are not covered. Thiswork covers practice before a Copyright Arbitration RoyaltyPanel (“CARP”) and litigation practice in state courts only inpassing.

Overview of chaptersEach chapter provides citations to relevant cases,

statutes, and rules; and includes practice tips and practicalexamples.

Chapter 1. Copyright Law: A Litigation PerspectiveChapter 2. Copyrightable MatterChapter 3. The Client Interview and Initial

InvestigationChapter 4. The Copyright Office: Litigation

PracticeChapter 5. Calculating Dates Prior To Commencing

LitigationChapter 6. Cease and Desist Letters and Declara-

tory Judgment ActionsChapter 7. Drafting the Infringement ComplaintChapter 8. Copyright Ownership and Licensing

LitigationChapter 9. Motions Attacking the ComplaintChapter 10. Removal from State Court and Preemp-

tionChapter 11. Class ActionsChapter 12. Injunctions and Seizures

1 See, e.g., Howard Abrams, The Law of Copyright (Thomson Reuters2005).


xvi

Chapter 13. Answer and DefensesChapter 14. DiscoveryChapter 15. Evidence and ExpertsChapter 16. Jury InstructionsChapter 17. Damages and ProfitsChapter 18. Costs and Attorney’s FeesAppendices

AppendicesThe appendices include the three documents critical to thelitigator: the Copyright Act, the Federal Rules of Civil Proce-dure, and the Federal Rules of Evidence.

Explosion of copyright issuesWith the advent of the internet and a software-driven

economy, average citizens and their children have becomeworldwide creators, publishers and distributors of text,photographs, music, graphics, and software. Entering intolicense agreements involving intellectual property occurs ona daily basis in the most ordinary of consumer transactions.Copyright has emerged from an arcane practice of the intel-lectual property “boutique” law firm into everyone’s lives.The average consumer uses licensed intellectual property,including copyrighted materials, on a daily basis and maymake thousands of reproductions of copyrighted works—often without permission of the author.

These technological changes carry tremendous social, po-litical and legal implications. Overzealous enforcement andpushing the protections of copyright law are serious threatsto personal liberties such as freedom of speech, creativeexpression, and documentary filmmaking. On the otherhand, authors, artists, and programmers are threatened withbecoming unpaid laborers whose creative works are beingstolen without fair compensation. Courts and commentatorsagree on little, and eminent jurists express widely divergentviews and philosophies on where the boundaries of propertyshould end and creativity should begin.

As the late Supreme Court Justice William Brennan putit: “Although the Court pursues the laudable goal of protect-ing the ‘economic incentive to create and disseminate ideas’,

FOREWORD

xvii

. . . this zealous defense of the copyright owner’s preroga-tive will, I fear, stifle the broad dissemination of ideas andinformation copyright is intended to nurture.”2 The clash be-tween ideas and expression is at the heart of copyright law.As the Supreme Court recently noted: “every idea, theory,and fact in a copyrighted work becomes instantly availablefor public exploitation and the moment of publication. . . .The First Amendment securely protects the freedom tomake—or decline to make—one’s own speech; it bears lessheavily when speakers assert the right to make otherpeople’s speeches.”3

Copyright law moving forwardNew sources of information on developments in copyrightlaw are sprouting up on the Internet. Gigalaw.com has a ter-rific daily update on developments in high-tech law.4 Profes-sor William Patry maintains The Patry Copyright Blog, anentertaining and erudite collection of observations on newdevelopments in copyright law.5 Professor Lawrence Lessigmaintains a blog called the Lessig Blog.6 The Chilling Ef-fects web site is an excellent resource for persons receivingCease and Desist letters who wish to know what their rightsare or to see what companies have sent out cease-and-desistletters.7 The Electronic Frontier Foundation maintains anexcellent web site dedicated to free speech issues related tocopyright and information regarding the latest litigation andlegislative developments.8

Other exciting resources abound. The Colombia Law SchoolArthur W. Diamond Law Library Music Plagiarism Projectprovides hundreds of documents including texts, scores,audio, and video associated with music copyright infringe-

2 Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539,105 S. Ct. 2218, 85 L. Ed. 2d 588, 11 Media. Rep. (BNA) 1969, 225 U.S.P.Q.1073 (1985) at 2240 (Brennan, J., dissenting).

3 Eldred v. Ashcroft, 537 U.S. 186, 123 S. Ct. 769, 154 L. Ed. 2d 683, 65U.S.P.Q.2d 1225 (2003) at 220-221.

4 http://www.gigalaw.com/news/index.html.5 http://www.williampatry.blogspot.com/.6 http://www.lessig.org/blog/.7 http://www.chillingeffects.org/.8 http://www.eff.org/.


xviii

ment cases in the United States from 1845 forward.9 DukeUniversity Law School has produced an excellent introduc-tion to copyright law from the point of view of documentaryfilmmakers wishing to understand what copyright protects;a discussion of the issues of fair use in copyright law and theextent of the public domain is found in a downloadable comicbook titled “Tales from the Public Domain: Bound by Law?”on that site.10 The Piet Zwart Institute has produced anexcellent “A Guide to Open Content Licenses” authored byLawrence Liang.11

In consulting any of these resources, it is important tounderstand that many come from a polemical point of view.The “copyleft” movement which has fostered use of theCreative Commons licenses and open source software nowcovers billions in assets. Little or no case law interprets is-sues covered by these licenses. “The Documentary Filmmak-ers’ Statement of Best Practices in Fair Use” published byAmerican University’s Center for Social Media has attractedsevere criticism from major film studios.12 These are excitingtimes for those who care about access to and management ofthe fruits of mankind’s intellectual achievements. FromGoogle’s announcement that it will copy every book in theworld to Wikipedia’s communal pooling of human knowl-edge, our world of copyright has become the celestial jukeboxProfessor Paul Goldstein described so well in Copyright’sHighway: From Gutenberg to the Celestial Jukebox.13

Clearly, more and more copyright research and case lawwill be enhanced by the audiovisual experience, and triallawyers will have to master the techniques of effectively us-ing new technology to empower argumentation in legalbriefs, in motion practice and oral argument, and in persuad-ing juries. As the technology improves and the costs drop,the average litigator will be compelled to master techniquesonce reserved for high-priced consultants.

It is my sincere hope that this work proves useful in as-sisting the legal profession in meeting these challenges andin demystifying some of the challenges that copyright

9 http://ccnmtl.columbia.edu/projects/law/library/entrance.html.10 http://www.law.duke.edu/cspd/comics/.11 http://pzwart.wdka.hro.nl/mdr/research/lliang/open_content_guide.12 http://www.centerforsocialmedia.org/resources/fair_use/.13 (Stanford University Press 1994).

FOREWORD

xix

presents. Future editions will benefit from any suggestions.Please feel free to forward comments and criticism [email protected].


xx

RELATED PRODUCTS

Antitrust

Antitrust AdviserIrving Scher and Scott Martin

Antitrust and American Business AbroadSpencer Waller and Andre Fiebig

Antitrust Law HandbookWilliam C. Holmes and Melissa H. Mangiaracina

Antitrust Law SourcebookWilliam C. Holmes and Melissa H. Mangiaracina

Designing an Effective Antitrust Compliance ProgramWilliam M. Hannay

Intellectual Property and Antitrust LawWilliam C. Holmes

International Trade and U.S. Antitrust LawSpencer Waller and Jeffrey L. Kessler

Materials on Antitrust ComplianceDavid Steiner

Computer and Related Law

Cloud Computing Legal Deskbookedited by Gregory Barbee and Christopher Hale

Computer and Information Law DigestKurtis A. Kemper

Computer Software Agreements: Forms and CommentaryJohn H. Ridley, Peter C. Quittmeyer, and John Matuszeski

Computer Software: Protection, Liability, Law, and FormsL.J. Kutten

Cybercrime and SecurityPauline C. Reich

Data Security and Privacy LawRonald N. Weikers

Information LawRaymond T. Nimmer

xxiii

Information Security and Privacy: A Practical Guide to Federal, State andInternational Law

Andrew Serwin

Internet Law and PracticeJoseph Fazio and International Contributors

Internet Marketing and Consumer ProtectionAndrew B. Serwin

Law of Computer TechnologyRaymond T. Nimmer

State Computer LawVirginia V. Shue and James V. Vergari

Thomas on Data BreachLiisa M. Thomas

Copyright

Copyright Law in Business and PracticeJohn W. Hazard Jr.

Copyright Litigation HandbookRaymond J. Dowd

Copyright Registration PracticeJames E. Hawes and Bernard C. Dietz

Copyright Throughout the Worldedited by Silke von Lewinski

The Law of CopyrightHoward B. Abrams and Tyler T. Ochoa

Patry on CopyrightWilliam F. Patry

Patry on Fair UseWilliam F. Patry

Entertainment & Sports

Art, Artifact, Architecture & Museum LawAlexandra Darraby

Cable Television and Other Nonbroadcast VideoDaniel Brenner, Monroe Price, and Michael Meyerson

Entertainment LawRobert Fremlin and Michael Landau

Entertainment Law: Legal Concepts and Business PracticesRobert Lind et al.


xxiv

Entertainment, Publishing, and the Arts Handbookedited by Karen B. Tripp

Film and Multimedia and the LawJames Sammataro

Fundamentals of Sports LawWalter Champion

Law of DefamationRodney A. Smolla

Law of Professional & Amateur SportsGary Uberstine

Lindey on Entertainment, Publishing, and the ArtsAlexander Lindey and Michael Landau

Media, Advertising & Entertainment Law Throughout the WorldCarl Eppler and MULTILAW International Contributors

Rights and Liabilities in Media Content: Internet, Broadcast, and PrintRodney A. Smolla

The Rights of Publicity and PrivacyJ. Thomas McCarthy

Smolla and Nimmer on Freedom of SpeechRodney A. Smolla

General Titles

Assets & Finance: Intellectual Property in Mergers and AcquisitionsDavid Klein

Calculating Intellectual Property DamagesRichard B. Troxel and William O. Kerr

Callmann on Unfair Competition, Trademarks and MonopoliesLouis Altman and Malla Pollack

Customs Enforcement of Intellectual Property RightsTimothy P. Trainer and Vicki E. Allums

First Amendment Law Handbookedited by Rodney A. Smolla

Franchise and Distribution Law and PracticeW. Michael Garner

Intellectual Property: Due Diligence in Corporate TransactionsLisa M. Brownlee

Intellectual Property in CommerceThomas M. Ward and Rita S. Heimes

RELATED TITLES

xxv

Intellectual Property Law for Business LawyersKinney & Lange, P.A.

Intellectual Property Law Reviewedited by Karen B. Tripp

IP Strategy: Complete Intellectual Property Planning, Access, andProtection

Howard C. Anawalt and Eve Brown

Potato Chips to Computer Chips: The War on Fake StuffTimothy P. Trainer

World Intellectual Property Rights and RemediesCenter for International Legal Studies

Licensing

Eckstrom’s Licensing in Foreign and Domestic Operations: The Formsand Substance of Licensing

Robert Goldscheider and Melvin F. Jager

Eckstrom’s Licensing in Foreign and Domestic Operations: Joint VenturesTerence F. MacLaren and Ralph H. Folsom

Eckstrom’s Licensing in Foreign and Domestic Operations: TextDavid M. Epstein

Forms and Agreements on Intellectual Property and InternationalLicensing

David de Vall and Peter McL. Colley

The Law of Merchandising and Character Licensing: Merchandising Lawand Practice

Gregory J. Battersby and Charles W. Grimes

Licensing Law HandbookMelvin F. Jager

Modern Licensing LawRaymond T. Nimmer and Jeff C. Dodd

Multimedia and Technology Licensing AgreementsGregory J. Battersby and Charles W. Grimes

Patents

The American Invents Act: A Guide to Patent Litigation and PatentProcedure

Edward D. Manzo

Annotated Patent DigestRobert A. Matthews, Jr.

Biotechnology and the LawIver P. Cooper


xxvi

Designs and Utility Models Throughout the WorldInternational Contributors

Federal Circuit Patent Case DigestsKevin L. Russell

First to File Patent Drafting: A Practitioner’s GuideHarold C. Wegner

Generic Pharmaceutical Patent and FDA LawShashank Upadhye

Guide to European PatentsAndrew Rudge

Intellectual Property Litigation Guide: Patents & Trade SecretsGregory E. Upchurch

Manual of Patent Examining Procedurefrom the U.S. Department of Commerce, Patent & Trademark Office

Moy’s Walker on PatentsR. Carl Moy

Nanotechnology LawJohn C. Monica, Jr.

Patent Application PracticeJames E. Hawes and Frederic M. Douglas

Patent Applications HandbookStephen A. Becker, Bernard P. Codd, and Babak Akhlaghi

Patent Claim Construction in the Federal CircuiEdward D. Manzo

Patent ClaimsErnest Bainbridge Lipscomb III

Patent Damages Law and PracticeJohn Skenyon, Christopher Marchese, and John Land

Patent Jury Instruction HandbookEdward D. Manzo

Patent Law BasicsJohn G. Mills III, Donald C. Reiley III, and Robert C. Highley

Patent Law FundamentalsJohn G. Mills III, Donald C. Reiley III, and Robert C. Highley

Patent Law HandbookLawrence M. Sung and Jeff E. Schwartz

Patent Law Practice Forms

RELATED TITLES

xxvii

Barry Kramer and Allen D. Brufsky

Patent Law: Legal and Economic PrinciplesJohn W. Schlicher

Patent Office LitigationSterne, Kessler, Goldstein, and Fox P.L.L.C.

Patent Practice & Policy in the Pacific RimThomas T. Moga

Patent ReformAndrew S. Baluch

Patents Throughout the WorldInternational Contributors

Trademarks

International Trademark DilutionDaniel R. Bereskin and International Contributors

McCarthy on Trademarks and Unfair CompetitionJ. Thomas McCarthy

Practitioner’s Trademark Manual of Examining Procedureannotated by James E. Hawes and Amanda V. Dwight

Trade Dress ProtectionWilliam E. Levin

Trademark Law Practice FormsBarry Kramer and Allen D. Brufsky

Trademark Manual of Examining ProcedureUnited States Patent and Trademark Office

Trademark Practice and FormsInternational Contributors

Trademark Practice Throughout the WorldNanette Norton and Christopher Dolan

Trademark Registration PracticeJames E. Hawes and Amanda V. Dwight

Trademark Trial and Appeal Board Practice and ProcedureGary D. Krugman and Carla C. Calcagno

Trademarks Throughout the WorldEdward Fennessy and International Contributors

Trade Secrets

Trade Secrets LawMelvin F. Jager


xxviii

Trade Secrets Throughout the WorldMelvin F. Jager and International Contributors

Unfair Competition

Federal Unfair Competition: Lanham Act § 43(a)George F. Long III and Charles E. McKenney

Unfair Competition and the ITC: A Treatise on Section 337 ActionsAimee N. Soucie, Rose Cordero Prey, and John R. Hutchins

Thomson Reuters thanks you for subscribing to this product.Should you have any questions regarding this product pleasecontact Customer Service at 1-800-328-4880 or by fax at 1-800-340-9378. If you would like to inquire about related publications orplace an order, please contact us at 1-800-328-9352.

Thomson Reuters610 Opperman DriveEagan, MN 55123

https://legal.thomsonreuters.com/

RELATED TITLES

xxix

copyright litigation handbook · e new section: websites: discussing recent ninth circuit decisions...

Documents