On Tuesday, June 1, the U.S. Supreme Court granted a petition for writ of certiorari filed by fabric designer Unicolors seeking to challenge the U.S. Court of Appeals for the Ninth Circuit’s ruling last May that reversed a jury verdict finding Swedish multinational clothing firm Hennes & Mauritz (H&M) liable for copyright infringement. The district court eventually entered a judgment awarding more than $500,000 to Unicolors. The case will ask the nation’s highest court to decide whether the Ninth Circuit properly construed the language of 17 U.S.C. § 411 in determining that the district court was required to refer Unicolors’ copyright registration to the U.S. Copyright Office because it contained inaccurate information with no evidence that the inaccurate information contained any indicia of fraud or material error regarding the work covered by the copyright registration.
Recent Posts
- CAFC: Jury Instructions Must Address Each Objective Indicia of Nonobviousness Raised by Patent Owner
- Massive Replication of Comments Submitted to NIST March-In Rights RFI Should Cause Concern
- Lourie Dissents from CAFC View that Heart Valve Transport was Not Infringing
- Rader’s Ruminations – Patent Eligibility II: How the Supreme Court Ignored Statute and Revived Its Innovation-Killing Two-Step
- Other Barks and Bites for Friday, March 22: French Watchdog Hits Google with €250 Million for IP Breaches; C4IP Releases First Congressional Innovation Scorecard; EPO Sees Record Number of Patent Applications