Supreme Court: Copyright Must Be Registered Before Filing Copyright Infringement Action

Posted on March 6, 2019March 7, 2019 by mchattielaw

By: Sarah A. Teitelman, Esq., Jules D. Zalon, Esq. and Christopher J. McHattie, Esq. On March 4, 2019, the United States Supreme Court resolved a long-standing circuit COURT split and held that a copyright owner must first obtain a copyright Certificate of Registration from the United States Copyright Office before instituting a copyright infringement action, Read more about Supreme Court: Copyright Must Be Registered Before Filing Copyright Infringement Action[…]

A Look at Neil Gorsuch, Trump’s Choice for the Supreme Court

Posted on February 6, 2017February 6, 2017 by mchattie

As you now know, Neil Gorsuch has been nominated to fill Justice Scalia’s open Supreme Court seat. Where does he stand, and will we (you) like him at the end of the day? We hope to help you judge for yourself. During what will be a tumultuous confirmation process, we hope this article will help Read more about A Look at Neil Gorsuch, Trump’s Choice for the Supreme Court[…]

It Ain’t Over Till It’s Over – Yogi Berra

It Ain’t Over Till It’s Over – Yogi Berra

Posted on November 24, 2015 by mchattie

Apparently, Jose Gomez and his counsel feel the same way. In Campbell-Ewald Co. v. Gomez, Mr. Gomez received an unsolicited text from Campbell-Ewald Co. in violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA broadly restricts telephone solicitations, including automated systems that use text messages and prerecorded voice messages. Mr. Gomez sued as lead Read more about It Ain’t Over Till It’s Over – Yogi Berra[…]

Patent Wednesday: Revisiting Medtronic

Posted on March 12, 2014 by mchattie

If you own a patent, you enjoy the exclusive rights to make, use, sell, and offer for sale the underlying invention covered by that patent. Imagine if you own a patent and you decide to license the use of it to another entity. Then, the licensing entity embarks on an allegedly infringing activity. Whose burden Read more about Patent Wednesday: Revisiting Medtronic[…]

Patent Wednesday: Who Pays the Bill?

Posted on March 5, 2014 by mchattielaw

Whether you’re in the market for legal representation or car repair, one of the most important questions is how to minimize costs associated with services. In the United States, it’s typical for each litigating party to pay its own attorney fees no matter the outcome. But is it possible that one party could ever be Read more about Patent Wednesday: Who Pays the Bill?[…]

Friday Grab Bag: Aereo® on the Go?

Posted on February 28, 2014 by mchattie

Often in intellectual property disputes, a case can boil down to the simple issue of whether the ingenuity of one company crosses a line already established by another – whether the creative, diligent actions leading up to a fascinating new invention tread on the invaluable rights secured by another party. How far is too far? Read more about Friday Grab Bag: Aereo® on the Go?[…]

IP News from the Supreme Court – December 2013

Posted on December 19, 2013 by mchattielaw

When the US Supreme Court elects to weigh in on matters of intellectual property, the legal landscape awaits their every word with bated breath. Two matters of the kind are currently before the Supreme Court: divided patent infringement liability and patentability of software. The adventure is just beginning. Divided Patent Infringement Liability: The Supreme Read more about IP News from the Supreme Court – December 2013[…]

Patenting Human Genes: Slam the Brakes

Posted on September 23, 2013 by mchattielaw

Imagine if you could own your DNA. Sounds simple enough, doesn’t it? After all, we’re all born with our own genes and DNA – it’s our own individual blueprint – so why not get to own what is already naturally ours? Seems like one ought to be able to file for a patent for genes Read more about Patenting Human Genes: Slam the Brakes[…]

What’s in a name? Analyzing the Affordable Care Act decision

Posted on July 2, 2012 by mchattie

What’s in a name? That which we call a rose by any other name would smell as sweet. And that which we call a penalty by any other name would still be charged. But what if we called it a tax? Is there a difference between a penalty and a tax? Penalty is: a punishment Read more about What’s in a name? Analyzing the Affordable Care Act decision[…]

Offensive Mascots… Where do we draw the line?

Posted on September 2, 2011 by mchattie

With college football season kicking off this weekend and the NFL season right around the corner, we have found ourselves pondering the issue of offensive mascots or symbols for sports teams. How offensive is too offensive? Who gets to decide what is offensive? Who needs to be offended (or how many need to be offended) Read more about Offensive Mascots… Where do we draw the line?[…]