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“HAPPY BIRTHDAY TO YOU” Copyright Ruled Invalid – Subject to Appeal

U.S. District Court Judge George H. King, has ruled that the lyrics to one of the most popular songs in the English language are not protected by a valid copyright. According to the opinion “Because Summy Co. never acquired the rights to the Happy Birthday lyrics, Defendants, as Summy Co.’s purported successors-in-interest, do not own a valid copyright in the Happy Birthday lyrics.”

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Firm Partner, Oliver A. Ruiz, Installed as President of the Federal Bar Assn., South Florida Chapter

On September 25, 2015, Firm partner Oliver A. Ruiz became the 57th President of the Federal Bar Association, South Florida Chapter, the fourth largest chapter in the country. He follows in the footsteps of the Firm’s founder, John Cyril Malloy, Jr., who served as president from 1972-1973. The Firm’s partners and associates proudly attended the Award and Installation Dinner, along with hundreds of other attorneys and members of the federal judiciary, to applaud as Mr. Ruiz was sworn-in by the Hon. K. Michael Moore, Chief Judge of the United States District Court for the Southern District of Florida. The focus of Mr. Ruiz’s presidency will be programs focused on federal practice, and advocating for more resources for the Southern District of Florida, in addition to his primary role as the liaison between the federal judiciary and the bar.

Federal Circuit Rules Laches Can Limit Patent Damages

The equitable defense of laches can apply to claims of patent infringement damages suits, even when they are filed within the six year statutory period as defined by 35 U.S.C. §286, ruled the en banc Federal Circuit in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC., Fed Cir., No. 2013-1564 (Sept. 18 2015).  In this narrow 6-5 decision, the court sitting en banc affirmed its earlier summary judgment, which dismissed SCA’s patent infringement suit for laches, from September of last year.

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