IP Atty's Fair Use Bid Fails In Newegg Brief Copying Tiff

By Melissa Daniels (September 13, 2016, 8:32 PM EDT) -- An intellectual property lawyer facing a copyright infringement suit from Newegg Inc. has not shown that copying language from an appellate brief Newegg filed in a patent infringement case and using it in a brief defending his own client was fair use, a California federal judge said Tuesday.

Newegg alleges that Ezra Sutton, a New Jersey IP attorney, infringed on its copyright of a draft appellate brief in a Federal Circuit case where it and another company represented by Sutton were co-appellees. Newegg accused Sutton of using language that its counsel sent to Sutton for review purposes only, and the online...

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