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Los Angeles Intellectual Property Law Blog

Jury fails to return copyright verdict Oracle was seeking

Last month we wrote about a lawsuit Oracle brought against Google asserting that the latter's Android operating system violates patents and copyrights Oracle owns for its Java programming language. Despite the judge's attempt to get the parties to reach a settlement before it went to trial, that didn't happen and it proceeded to trial in front of a federal jury, located in the state of California, late last month.

Earlier this month the jury returned a partial verdict. While it determined that some of Java's copyrights had been infringed by Google, it was unable to reach a consensus regarding whether the steps Google took in creating Android, fell under "fair use" protections.

California court allows helicopter trademark battle to continue

The old adage, "All is fair in love and war," may hold true for some aspects of life, but it is not the case when dealing with intellectual property law. An ongoing lawsuit between Electronic Arts, a California-based video game distributor, and Bell Helicopter Textron demonstrates how complicated -- and personal -- a round of trademark litigation can be.

About two years ago, the helicopter and video game manufacturers settled a dispute over the unapproved use of trademarked aircraft in Electronic Arts' "Battlefield" franchise. All seemed to be right until Electronic Arts used Bell's helicopters in the next edition of the game in the fall of 2011.

Microsoft, Barnes & Noble form new joint subsidiary

Two corporate giants fighting intellectual property battles in the courtroom have reached a surprising settlement in a patent infringement lawsuit related to e-reader technology. Microsoft sued a number of companies, including Barnes & Noble, for infringing Microsoft patents that protect e-reader technology. Announcing its settlement with Barnes & Noble, Microsoft announced plans to join forces with its former litigation opponent to create a new subsidiary dedicated to e-reading and education.

Barnes & Noble will own 82.4 percent of the new subsidiary, which has been dubbed "NewCo" until a more enduring name can be chosen. Microsoft will own 17.6 percent of the start-up and will make a $300 million initial investment. The company will create a Windows 8 version of a Nook e-reading app, but no Microsoft employees will move to NewCo. A Windows 8 version of the Nook will help readers access one of the world's largest digital collections of media, including newspapers, magazines and e-books.

Is use of photo of falling bear a copyright violation?

It is likely that many in the Los Angeles area either saw, or heard about, a photo of a bear falling from a tree on a college campus located in another western state. Taken by a student at the university, the photo went viral late last month. That photo is now the subject of a copyright dispute after the student who took the photo said the school's paper used the image without either his permission or compensation of any sort.

The school disagrees with the student's position claiming that he is a staff photographer.

Apple fights to maintain use of it 'iPad' trademark in China

These days the term "iPad" is synonymous with Apple Inc., the consumer electronics giant headquartered to the north of Los Angeles. However, soon that may not be the case in China where Apple risks losing its trademark on the popular device. According to the National Copyright Administration, the Chinese government believes that Shenzhen Proview Technology is the current owner of the trademark.

Apple is currently in the process of appealing a decision made by a lower Chinese court in which Apple was not found to be the rightful owner of the iPad trademark. According to at least one major news source the Guangdong High Court is in the process of arranging a settlement between the parties in the case.

Facebook to pay Microsoft $550 million patent deal

Most people with access to computers in the Los Angeles area, or throughout the world, for that matter, are familiar with Facebook. The online social network allows people around the world to stay in contact via posted status updates which are visible to "friends."

The ultra-successful company is planning to go public soon. Perhaps in anticipation of that move, it recently finalized a deal that will make patents formerly owned by AOL, available for purchase or license from their current owner, Microsoft.

Copyright confusion at the heart of the Oracle-Google legal war

The long raging legal dispute between Oracle and Google has finally reached a California courtroom. This feud has lasted so long, like the Hatfields and McCoys, that many have likely forgotten the original crux of the disagreement. After the presiding judge tried one last time to encourage a settlement, both parties favored a trial.

On the surface, this case will decide whether Google's Android operating system violates patents and copyrights owned by Oracle for its Java programming language. However straightforward this issue may at first appear, there is a more complex and far reaching issue that will generate long-term effects.

Young Buck's intellectual property will likely be sold in May

The exchange of property for money, another good or service has been around for a long time. When one thinks about the property that may be transferred from one person to another it is likely that most people picture physical objects that can be touched and in some cases, held. Other types of property exist however in Los Angeles and elsewhere which can be bought and sold. This property is known as intellectual property.

Different types of intellectual property such as trademarks, copyrights and patents can be lucrative if handled correctly. Accordingly, should they become available for purchase it is possible that many people could be interested.

Second Circuit: Viacom v. YouTube lawsuit still alive

A copyright infringement lawsuit against YouTube has been resurrected by the Second Circuit Court of Appeals. The popular online video site could face a civil copyright infringement trial against plaintiff Viacom, which has offices in Los Angeles.

Viacom, the owner of Paramount Pictures, sued YouTube in 2007 for hosting copyright-protected film and television show clips uploaded by YouTube users. The lawsuit alleges infringement of copyrights on original content such as "SpongeBob SquarePants" and "The Daily Show," from Comedy Central. YouTube is owned by Google, Inc.

Patent case involving soybeans being considered by Supreme Court

As many in the Los Angeles area are aware, patent infringement can occur through many different actions. Depending on how a case which the Supreme Court has been asked to consider works out, a farmer planting a seed purchased on the open market may constitute patent infringement. The Supreme Court recently requested the Solicitor General's input on whether or not it should take the case.

The case the court is considering involves Monsanto's "Roundup Ready" soybeans for which a patent was obtained in 1994. The seeds have been genetically modified to resist the pesticide and because the modification is hereditary, future generations of the seed would also be Roundup Ready.

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