Tagged: Markman Claim Construction

District Court Issues Opinion on “Fair Use” of Viral Videos 0

District Court Issues Opinion on “Fair Use” of Viral Videos

In Equals Three, LLC v. Jukin Media, Inc., the United States District Court for the Central District of California presented an informative “fair use” analysis in a dispute between two media companies over viral videos. The Court’s decision highlights the fact-sensitive nature of the doctrine of fair use. It also clarifies the extent to which a use must be transformative in order to be deemed fair use.

Depending on the Circumstances, Claim Construction May Be Subject to Clear Error Review on Appeal 0

Depending on the Circumstances, Claim Construction May Be Subject to Clear Error Review on Appeal

Traditionally, claim construction, which can be an important phase in patent litigation for setting the metes and bounds of a patent, has been viewed as a pure question of law and subject to de novo review by the Federal Circuit on appeal. This was considered problematic by some because the district court’s findings on claim construction, which the parties had been relying on throughout the litigation, were not given any deference on appeal.