Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
A petition for a writ of certiorari was denied by the U.S. Supreme Court on May 28 in Intercollegiate Broadcasting System Inc. v. Copyright Royalty Board ( U.S., No. 11-1083, review denied 5/28/13), appealing the District of Columbia Circuit's ruling that a provision creating the Copyright Royalty Board violated the Appointments Clause of the Constitution but that severing the offending language was sufficient to cure the problem.
Intercollegiate Broadcasting System Inc. v. Copyright Royalty Board, 684 F.3d 1332, 103 U.S.P.Q.2d 1337 (D.C. Cir. 2012).
The circuit court determined that the relevant statute was defective because it gave to the librarian of Congress the power to appoint a “principal” officer of the United States, a power granted only to the president.
However, by striking a provision that limited the librarian's authority to remove copyright royalty judges, those judges became “inferior” officers, the court determined, thus eliminating the problem.
The petition was filed Jan. 25.
The following petitions for certiorari were recently filed:
• On May 16 in Intema Ltd. v. PerkinElmer Inc. ( U.S., No. 12-1372, review sought 5/16/13), appealing the Federal Circuit's ruling that the concept that two screening methods are better than one is based on mental activity and natural law and thus is not patentable subject matter. PerkinElmer Inc. v. Intema Ltd., 496 F. App'x 65, 105 U.S.P.Q.2d 1960 (Fed. Cir. 2012).
• On May 15 in ClearPlay Inc. v. Nissim Corp. ( U.S., No. 12-1365, review sought 5/15/13), appealing the Eleventh Circuit's affirmation of summary judgment in favor of a patent licensee. ClearPlay Inc. v. Nissim Corp., 496 F. App'x 963 (11th Cir. Nov. 14, 2012). In a related proceeding, the Federal Circuit ruled that a federal court cannot exercise jurisdiction over claims even if there is an underlying patent dispute, if resolution of the claims does not require resolution of the patent issue. ClearPlay Inc. v. Abecassis, 602 F.3d 1364, 94 U.S.P.Q.2d 1763 (Fed. Cir. 2010) (77 PTD, 4/23/10).
• On May 10 in Raylon L.L.C. v. Complus Data Innovations Inc. ( U.S., No. 12-1354, review sought 5/10/13), appealing the Federal Circuit's ruling that a patentee bringing infringement claims against 11 companies had no reasonable basis for believing that its claim construction arguments were reasonable and thus was subject to sanctions. Raylon L.L.C. v. Complus Data Innovations Inc., 700 F.3d 1361, 105 U.S.P.Q.2d 1355 (Fed. Cir. 2012).
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)