Posts on ‘December 30th, 2008’
Summary Judgment Denied in Multiyear Battle Over Magazine’s Online Use of Photos
New York federal Judge Gerard E. Lynch has declined to grant summary judgment to two French fashion designers who claim a U.S. news magazine violated fair use of their copyright by showing photographs of their full collections on the Internet. Lynch said he was not satisfied by the French corporations’ arguments on infringement and fair use and found there were several issues of fact to be decided on the issue of whether firstView’s publication of the photos was protected by the fair use doctrine.
Tech Amici Target High Damages in Microsoft-Lucent IP Case
Oracle, Apple, Yahoo, Intel and several others are throwing their weight behind Microsoft as it tries to persuade the U.S. Court of Appeals for the Federal Circuit to overturn a $500 million jury verdict for infringing on a Lucent patent. In amicus briefs filed this month, the tech companies are urging the court to rein in the “entire market value rule,” which allows the calculation of damages based on the whole product, even if just one feature is infringed.
Navy Settles With Environmental Groups in Wake of High Court Ruling
A Supreme Court ruling has a way of concentrating the minds of litigants. Six weeks after the high court issued its ruling on the impact of the U.S. Navy’s sonar training on marine mammals in , both sides have reached a settlement on issues related to — but not decided by — that case. Both the Navy and the NRDC are touting the settlement, which charts a course for future research by the Navy on sonar impact on marine mammals.
N.Y. High Court Bars Surrogate-Elect Over Campaign Contributions
The Court of Appeals on Monday barred Nora S. Anderson from becoming Manhattan surrogate on Jan. 1 pending the outcome of Manhattan District Attorney Robert M. Morgenthau’s prosecution of her for allegedly failing to accurately report contributions to her campaign this summer. A 6-0 court suspended Anderson with pay effective Thursday, when the 10-year term she won earlier this year is to begin. The court gave no reasoning for its decision.
Attorney General: Cheney Interview Protected by Executive Privilege
The president may assert executive privilege to withhold from Congress records of an FBI interview with Vice President Dick Cheney regarding the leak of CIA agent Valerie Plame’s identity, Attorney General Michael Mukasey concludes in a legal opinion released Monday. Mukasey warned that, were the records turned over, White House officials would be less likely to cooperate in future investigations out of fear that their words would become public.
2nd Circuit Clarifies Review Standard in Awarding Disability Benefits
A change in the standard of review for denying disability benefits where the plan administrator has a conflict of interest has led a federal appeals court to award payments to a tax attorney with colon cancer. The 2nd U.S. Circuit Court of Appeals said new guidance from the U.S. Supreme Court means a less deferential standard of review under the Employee Retirement Income Security Act where the plan administrator is conflicted because it both evaluates eligibility and pays benefits.