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‘Blurred Lines’ Appeal Garners Support of Over 200 Musicians

Over 200 artists, including Hans Zimmer, Jennifer Hudson and members of Weezer, Linkin Park and Earth, Wind & Fire, filed an amicus brief with the 9th Circuit Court of Appeals in support of the bid by Pharrell Williams and Robin Thicke, to overturn the $5.3 million final judgment.

The amicus brief includes concerns over how some artists believe that the 9th Circuit Court’s ruling, may have a chilling effect on artist’s creativity going forward. The brief states that the case is “unique” because the two works in question “do not have similar melodies” and “do not even share a single melodic phrase,” but rather a similar overall “feel” or “groove.”

Separately, 10 musicologists have filed their own amicus brief, echoing that the verdict could curtail creativity in popular music, but focusing more on the 9th Circuit’s decision to not reject the case early on in the summary judgment phase.

Stem Cell Photographer Recovers Million-Dollar Verdict for Copyright Infringement

Stem Cell Photographer Recovers Million-Dollar Verdict for Copyright Infringement

Leonard v. Stemtech Int’l, Inc, No. 15-3198 (3d Cir. 2016)

These pictures are worth more than just 1,000 words.  In August, the Third Circuit affirmed a jury’s return of a $1.6 million verdict for Andrew Leonard as a result of copyright infringement by Stemtech International.  The infringement stemmed from photographs that Leonard took of stem cells using electron microscopes in a highly technical type of photography.  The two photographs at issue were created in 1996, then registered with the U.S. Copyright Office in 2007, when he planned to bring the lawsuit.

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Supreme Court Set to Hear Apple v. Samsung

The latest chapter in the Apple v. Samsung saga, previously blogged about here, is set to play out during oral arguments in front of the United States Supreme Court this fall. Samsung was found to infringe several of Apple’s design patents related to specific design features of a smartphone, and not necessarily an entire phone. 35 U.S.C. § 289 authorizes courts to award the total profit from the article of manufacture bearing the design. Thus, the original damage award was based on Samsung’s profits from the sales of the smartphone. The Supreme Court, however, will hear the question of whether, where a design patent is applied to only a component of a product, an award of infringer’s profits should be limited to those profits attributable to the component.