Articles From David C. Brezina

Copyright Trolls in the Construction Industry—But Is It Good Law and Bad Facts? By David C. Brezina Intellectual Property, September 2021 In Design Basics LLC v. Signature Construction Inc., Judge Sykes described a problem of copyright trolls. In the copyright context, this was said to be a cottage industry of registering  many architectural graphics and then suing for copyright infringement, hoping to collect, at a minimum, statutory damages, and potentially an infringer’s profits. But this label made no difference to the result in the case. Not all copyrighted works have the same enforcement potential. Some works may contain highly original content, while others might only have bare minimum originality— “thin” copyrights.
Copyright Trolls in the Construction Industry—But Is It Good Law and Bad Facts? By David C. Brezina Construction Law, May 2021 A summary and analysis of Design Basics LLC v. Signature Construction Inc.
Dicta Rising to Doctrine: Independent Ink resolving the presumption of market power from patents used in antitrust tie-ins By David C. Brezina September 2006 On March 1, 2006 the Supreme Court in Illinois Tool Works Inc. v. Independent Ink Inc., ___ US ___, 126 S Ct 1281 , 74 USLW 4154 , 77 USPQ 2d 1801, 2006 US LEXIS 2024 (2006) reversed a line of cases that held that in an antitrust tie-in, where the tying product is patented or copyrighted, market power could be presumed.

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