rbilotta’s Comments

• Sep 2nd, 2010 @ 4:35pm

  (untitled comment)

  on Are New Patent Marking Lawsuits Patent Trolling... Or Anti-Patent Trolling?
  The only thing about the anti-marking statute is that case law says a judge can apply as a penalty a fraction of a dollar per product. So it really depends on the Judge's discretion. If a judge decided that a plaintiff only gets $.0001 per product, it might not be worth it to sue.
• Aug 18th, 2010 @ 1:35pm

  Re: Re:

  on Chair Designer Sues Disney Over Chair Used In Alice In Wonderland Movie
  I just skimmed through that complaint and couldn't help but laugh. It seems like a 5 year-old wrote that. I love his handwritten relief is asking for "Please justify the incidents..."
• Aug 18th, 2010 @ 12:52pm

  What a delusional guy

  on Chair Designer Sues Disney Over Chair Used In Alice In Wonderland Movie
  First, it would be funny if he were suing under copyright in LA County court, because it should be dismissed right away because you can only sue in Federal Court for a copyright claim. Moreoever, though technically you have a copyright upon creation of an expressive work on tangible medium, you still have to register or try to register your copyright with with Copyright office before you sue.
  
  
  And the chair design would probably not qualify for a copyright itself. A copyright is a protected expression work that can be transferred onto another medium, in other words, copyright is generally medium neutral. The design of chair could be protected by a design patent, but I doubt he has one of those either and he would still have to sue in Federal Court.
  
  I would love to see the complaint.