James Ryan

James Ryan

Mr. Ryan earned his bachelor’s degree in Computer and Information Science from Minnesota State University and his law degree, with honors, from St. Thomas University School of Law.  Mr. Ryan is admitted to practice law in the State of Florida.

Wednesday, 12 July 2017 22:09

Important Copyright Notice

This is an important notice regarding the Digital Millennium Copyright Act (“DMCA”). The DMCA has "safe harbor" provisions that may shield online service providers from copyright infringement liability with respect to content that is posted or uploaded on a website by others. In order to seek to take advantage of this "safe harbor" protection, online service providers must designate an agent that will receive notifications of claimed copyright infringement with respect to user-generated content on their web sites. If you have designated an agent for this purpose in the past, please note that any designation that was made using the U.S. Copyright Office’s former registration system will automatically expire on January 1, 2018. Therefore, it is critical for online service providers to file a new designation before the end of 2017. Our firm handles these filings and has been appointed as the designated agent for DMCA take-down notifications for clients. For more information about the process, or to speak to one of our attorneys about having our firm designated as your agent for take-down notifications under the DMCA's "safe harbor” provisions, please contact our office at 305-858-8000.

The Supreme Court issued a unanimous decision earlier this week in Halo Electronics, Inc. v. Pulse Electronics, Inc., granting district courts the discretion to award enhanced damages up to three times the amount found or assessed, pursuant to 35 U.S.C. §284, against those guilty of patent infringement, however, limiting the award to “egregious cases of misconduct beyond typical infringement.”  The decision reverses the Federal Circuit’s two-part test, established in In re Seagate Technology, LLC, as inconsistent with the language of §284.  Seagate, which required the patent owner to satisfy an objective and subjective test before a court could increase damages for willful infringement, was found to be “unduly rigid” and confined the ability of district courts to exercise the discretion §284 conferred on them. For more on this case, visit  http://www.supremecourt.gov/opinions/15pdf/14-1513_db8e.pdf

In an unanimous decision on remand from the Supreme Court, the Federal Circuit issued its opinion in Akamai Technologies, Inc. v. Limelight Networks, Inc. (2015), which effectively broadened the category of divided patent infringement of a method claim under 35 U.S.C § 271(a), holding that when all steps of a method claim are not actually being performed by one party, but by multiple actors, all of the steps can be attributed to a single actor even where the parties are acting purely in an arms-length relationship with each other.