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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Litigation

Sotomayor's Supreme Court Case History – Intellectual Property

28 Thursday May 2009

Posted by Kenan Farrell in Copyright, Intellectual Property, Litigation, Supreme Court

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During Supreme Court nominee Sonia Sotomayor’s 17 years as a federal judge, the U.S. Supreme Court has reviewed her decisions on at least eight occasions, including the following copyright case:

Tasini vs. New York Times, et al (1997), 972 F. Supp. 804: As a district court judge in 1997, Sotomayor heard a case brought by a group of freelance journalists who asserted that various news organizations, including the New York Times, violated copyright laws by reproducing the freelancers’ work on electronic databases and archives such as “Lexis/Nexis” without first obtaining their permission. Sotomayor ruled against the freelancers and said that publishers were within their rights as outlined by the 1976 Copyright Act. The appellate court reversed Sotomayor’s decision, siding with the freelancers, and the Supreme Court upheld the appellate decision (therefore rejecting Sotomayor’s original ruling). Justices Stevens and Breyer dissented, taking Sotomayor’s position.

Source: CNN

Obama's Pick for Supreme Court, Sotomayor, has Intellectual Property Background

26 Tuesday May 2009

Posted by Kenan Farrell in Intellectual Property, Litigation, Supreme Court

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sotomayor

President Obama has selected Sonia Sotomayor to fill the Supreme Court seat left vacant by retiring Justice Souter.  Prior to being selected to the federal bench in 1991 by George Bush, Sotomayor was in private practice in New York…and her specialty was intellectual property law.  She represented clients like Ferrari and Fendi in intellectual property, commodities trading and business cases.

The president had said publicly that he wanted a justice who combined intellect and empathy — someone who could understand the troubles of everyday Americans.

From an IP viewpoint, let’s hope her background can help the Supreme Court make some sense out of upcoming copyright and patent litigation.

Here is a brief biography of federal Judge Sonia Sotomayor:

Age 54 (Born June 25, 1954)

Judicial Career
– U.S. Appeals Court judge, 2nd Circuit, 1998-present
– U.S. District Court judge, 1992-1998
– Nominated to federal bench by Bush in 1991, Clinton in 1997

Government/Legal Career
– Former N.Y. County Assistant District Attorney, 1979-1984
– Former private practice attorney, Pavia & Harcourt, New York, 1984-1992

Politics
– Confirmed by Senate 67-29 in 1998
– Confirmation to current seat took over 1 year
– Was opposed by majority of Republican senators
– Was unopposed in 1991 confirmation process

Education
– J.D., Yale Law School, 1979
– B.A., Princeton, 1976 (summa cum laude)

Academic Positions
– Adjunct Professor, New York University School of Law since 1998
– Lecturer-in-law, Columbia Law School since 1999

Professional Associations
– American Bar Association
– Puerto Rican Bar Association
– Hispanic National Bar Association
– Association of Judges of Hispanic Heritage
– New York Women’s Bar Association

Judicial Committees & Activities
Former Member, Second Circuit Task Force on Gender, Racial and Ethnic Fairness
in the Courts

Other Activities
– Former Member, Board of Directors, New York City Campaign Finance Board
– Former Member, Board of Directors, State of New York Mortgage Agency
– Former Member, Board of Directors, Puerto Rican Legal Defense & Education
Fund
– Former Member, Board of Directors, Maternity Center Association
– Former Member, New York City Campaign Public Finance Board (Mayor’s
Appointee)
– Former Member, Board of Directors, State of New York Mortgage Agency
(Governor’s Appointee)

Honors & Awards
– Herbert L. Lehman College, Degree of Law Honoris Causa, 1999
– Brooklyn Law School Degree of Juris Doctor Honoris Causa, 2001
– Princeton Univ., Degree of Juris Doctor Honoris Causa, 2001

Publications
– Statehood and the Equal Footing Doctrine: The Case for Puerto Rican Seabed
Rights, 88 Yale Law Journal 825 (1979)
– Sonia Sotomayor & Nicole A. Gordon, Returning Majesty to the Law and
Politics: A Modern Approach, 30 Suffolk U.L. Rev. 35 (1996)

Indiana Copyright Litigation Update

13 Wednesday May 2009

Posted by Kenan Farrell in Copyright, Litigation

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NEW Copyright Ligitation Alert:

Court Case Number: 4:09-cv-00035-AS-PRC
File Date: Tuesday, May 05, 2009
Plaintiff: UMG Recordings Inc, Atlantic Recording Corporation, Sony Music Entertainment
Plaintiff Counsel: James Dimos, Joel E. Tragesser of Frost Brown Todd LLC
Defendant: Alexander Schmidt
Cause: 17:501 Copyright Infringement
Court: Indiana Northern District Court
Judge: Judge Allen Sharp
Referred To: Magistrate Judge Paul R. Cherry

Indiana Patent Litigation Update

12 Tuesday May 2009

Posted by Kenan Farrell in Litigation, Patent

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NEW Patent Ligitation Alert:

Plaintiff: Echo Engineering & Production Supplies, Inc.
Defendant: Engineered Products & Services, Inc.
Case Number: 1:2009cv00582
Filed: May 8, 2009
Court: Indiana Southern District Court
Presiding Judge: Judge Sarah Evans Barker
Referring Judge: Magistrate Judge Debra McVicker Lynch
Nature of Suit: Intellectual Property – Patent Infringement
Jury Demanded By: Plaintiff

Stay tuned for updates.

Indiana Trademark Litigation Update – Heckler & Koch v. Tippman Sports, Tigerstripe Paintball

07 Thursday May 2009

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trademark

≈ 11 Comments

Tags

Tim A. Baker, William T. Lawrence

Court Case Number: 1:09-cv-00560-WTL-TAB
File Date: Wednesday, May 06, 2009
Plaintiff: Heckler & Koch, Inc.
Plaintiff Counsel: Brian J. McGinnis, Darlene R. Seymour of Continental Enterprises
Defendant: Tippman Sports LLC, Tigerstripe Paintball LLC
Cause: Trademark Infringement
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker

heckler1Leave a comment with your email if you’d like a copy of the full Complaint.

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