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Caddo v. Siemens: Microsoft Settlement Covers Downstream Use and No Jurisdiction Over Foreign Parent

Patently-O

by Dennis Crouch A short non-precedential opinion from the Federal Circuit provides guidance on two key issues: (1) downstream non-party reliance upon settlement agreements; and (2) personal jurisdiction over foreign corporations. In defending its actions, Siemens argued that the Microsoft.NET license provided a complete shield.

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3 Count: Time’s Side

Plagiarism Today

However, under the conventional theory of damages, Starz would have only been eligible for damages on infringements going back to May 2017, three years before the lawsuit was filed in May 2020. With that, they began pushing for a settlement. Through discovery, Starz learned that these infringements went all the way back to 2013.

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3 Count: Truth Settles

Plagiarism Today

First off today, Chris Cooke at Complete Music Update reports that Lizzo has reached a settlement with her former collaborators over her hit song Truth Hurts. According to the lawsuit, the trio collaborated with Lizzo in 2017 to create the song, which included an unreleased song entitled Healthy that they had created.

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3 Count: Clubbed Penguin

Plagiarism Today

First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017. The terms of the settlement have not been disclosed.

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3 Count: Radio Trio

Plagiarism Today

Global Music Rights (GMR) is a performing rights organization (PRO) similar to ASCAP and BMI in that they license the rights to compositions to third parties, including radio stations. GMR has reached similar settlements with other radio groups, including one with the Radio Music License Committee.

Music 193
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DDE Excludes Damages Testimony Based on “Built-In Apportionment,” Prior Jury Verdicts, and Settlement Agreements

Fish & Richardson Trademark & Copyright Thoughts

Stec, from testifying as to reasonable royalty damages, where Dr. Stec had relied on a license agreement between third parties, jury verdicts, and settlement agreements. Rather, IOENGINE contended that “built-in apportionment” attributable to the licenses which Dr. Stec relied on satisfied the apportionment requirement.

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3 Count: Leaving the Vault

Plagiarism Today

The lawsuit was filed by musician Greg Kihn, who sued the site in 2017. With that defeat, the two sides began settlement negotiations and have now agreed to dismiss the lawsuit with prejudice, meaning that it cannot be refiled. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.