Robert B. Barnett

By disallowing multiple statutory damages awards under the Copyright Act, the Ninth Circuit could cause future plaintiffs under similar facts to sue each defendant separately. In a suit—in which a…

District court erred in ruling that a copyright infringement suit by a medical certification board against a physician for sending test questions to a test prep company was time-barred. The …

Substantial similarity was lacking because the TV show used reported facts in combination with tone, dialogue, and themes that were different from the book. Scenes in the Netflix drama Narcos did not…

17 U.S.C. §412 precluded developer of honey harvesting aid from seeking statutory damages for mail-order seller’s copying of advertising text in catalogue. The suit by the developer of a honey…

As yet, no federal appeals court has addressed whether a human body part may qualify as a tangible medium of expression for copyright purposes, but this one came close. In a suit in which a makeup…

In addition to the low likelihood of success on the merits, the threat of imminent harm was eliminated, given that the Christmas show that Enchant sought to stop had already come and gone. The denial…

Register’s opinion needed to determine validity of textile designer’s "single-unit registration" for 31 separate designs that were not released at the same time. In a case in which textile designer…

Relying on obviously insufficient oversight mechanisms for discovering copyright infringement can constitute willful infringement. A California district court erred when it reduced a $460,800 jury…

Dismissal on claim preclusion grounds of suit brought by Media Rights Technologies, Inc., mostly affirmed, but reversed as to products that Microsoft sold after the date when MRT filed a patent…