Bad News Two Days In a Row
by Pamela Chestek • October 30, 2008 • copyright
Adding insult to injury after yesterday’s post, in which the Court of Appeals for the Federal Circuit affirmed a decision that Oren Tavory wasn’t a co-owner of the NTP patents, in a separate decision the Federal Circuit affirmed that he also owed NTP the attorneys’ fees it incurred defending against his copyright suit. Mr. Tavory claimed infringement of source code used in the patent application, but his copyright application was defective because the deposit copy wasn’t a bona fide copy of the original software.
Tavory claimed that NTP wasn’t the prevailing party because the copyright claim was dismissed for lack of subject matter jurisdiction. Wrong; $37,000 in attorneys’ fees on the copyright portion of the suit affirmed.
Tavory v. NTP, Inc.
© 2008 Pamela Chestek