Producer’s Copyright of Friday the 13th Screenplay Slashed In Screenwriter’s Termination Lawsuit

by Scott M. Hervey
The IP Law Blog

On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th.  This case concerns the claim for copyright reversion made by Victor Miller, the screenwriter of Friday the 13th, seeking the reversion to the rights in the screenplay to the popular horror film.  The case is aptly entitled Horror Inc v. Victor Miller.

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Federal Circuit Clarifies Standards for Willful Patent Infringement and Enhanced Damages

by Jo Dale Carothers, Ph.D.
The IP Law Blog

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages.  However, a 2019 Federal Circuit opinion caused confusion, suggesting the standards were essentially the same.  SRI Int’l, Inc.  v. Cisco Sys., Inc. (“SRI II”) 930 F.3d 1295 (Fed.

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The De Minimis Concept in Copyright Cases – The Ninth Circuit Says What it is and What it Isn’t

by James Kachmar
The IP Law Blog

In a recent case, Bell v. Wilmott Storage Services, LLC, decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases.  In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

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Written Description Remains Critical to Patents

by Audrey A. Millemann
The IP Law Blog

There are many requirements for obtaining a patent.  One of those is the written description requirement.  Pursuant to 35 U.S.C. §112(a), the patent must describe the invention in writing.  If the written description requirement is not met, the patent won’t be granted.  If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement.  Recently, in Juno Therapeutics, Inc. v. Kite Pharma, Inc., 2021 U.S.

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