Author name: Gary

District Courts, Utility Patent

Headwater Research v. Verizon — Judge Gilstrap Wipes Out $175M Patent Verdict With Implied Waiver

Judge Gilstrap finds that Headwater Research LLC — which knew of Verizon’s patent infringement in 2017 but waited six years to file suit in order to maximize its damages window — engaged in conduct so inconsistent with an intent to enforce its rights that equity bars enforcement entirely, wiping out a $175 million jury verdict. The court holds that implied waiver survives the Supreme Court’s SCA Hygiene decision, which abolished laches, because waiver goes to liability rather than damages.

Copyright, District Courts

Moonbug Entertainment v. BabyBus — Court Denies Appellate Fees but Awards $280K for Extraordinary Copyright Enforcement Efforts

After prevailing in a $25.6 million copyright case over CoComelon character infringement, Moonbug sought $933K in additional fees. The court denied appellate fees — finding BabyBus’s curated appeal was objectively reasonable — but awarded $280K for extraordinary judgment enforcement work necessitated by BabyBus’s use of a shell entity to divert funds.

District Courts, Section 230

Jane Doe v. Discord — N.D. Ohio Holds Section 230 Bars “Defective Design” Claims Over Sexual Predation

Judge Donald Nugent dismissed all claims — negligence, strict liability, concealment, and misrepresentation — against Discord brought on behalf of a minor sexually exploited by an adult user, holding that the plaintiff’s “defective design” theory was a repackaged demand that Discord moderate or block third-party communications, which Section 230 forecloses.

District Courts, Tech Law

NetChoice v. Griffin — W.D. Ark. Enjoins Arkansas Act 900 Social Media Restrictions on First Amendment Grounds

Judge Timothy Brooks granted NetChoice’s preliminary-injunction motion against Arkansas Act 900, the General Assembly’s second attempt to regulate minors’ use of social media after the same court enjoined the predecessor Act 689 in 2025. Act 900’s addictive-practices ban, mandatory notification curfew, default privacy settings, and parental dashboard provisions all fall under First Amendment scrutiny.

Copyright, District Courts

Butzer v. HyperSphere Technologies — Developer-Founder’s Copyright Claims Over Quantum Encryption Software Dismissed for Failure to State a Claim

A Georgia federal court dismissed copyright infringement claims by the inventor of “key shadowing” quantum-resistant encryption technology against HyperSphere Technologies, the company to which he had assigned his patent, ruling he failed to adequately state a claim that his separately registered software code was infringed.

District Courts, Patent Subject Matter Eligibility

B.E. Technology v. Google — Delaware Court Invalidates Last Targeted Advertising Patent Claim Under §101

A Delaware federal judge granted Google summary judgment on the last remaining claim of B.E. Technology’s targeted advertising patent, finding Claim 25 of U.S. Patent No. 8,769,440 directed to the abstract idea of providing real-time targeted advertising and lacking any inventive concept under the Alice/Mayo framework.

Copyright, EU Courts

Pelham v. Hütter (Pelham II) — CJEU Grand Chamber Defines ‘Pastiche’ Exception for Music Sampling, Requires ‘Recognizable Artistic Dialogue’

In the latest chapter of the 25-year Kraftwerk sampling dispute, the CJEU Grand Chamber held that the copyright ‘pastiche’ exception is not a catch-all but requires overt, recognizable artistic dialogue with the source work — with major implications for sampling, remix culture, and AI-generated content.

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