@e7f76f0d Better still, he changed his theory to a "common law" copyright claim. (Jan. 18 transcript at 10:11–13.) Note to observers who aren't IP lawyers: common law or state law copyright was abolished, with very minimal exceptions, when the Copyright Act of 1976 went into effect in 1978. 17 U.S.C. § 301(a). A lawyer who plans to litigate a copyright case should know this.

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 @e7f76f0d Transcripts of the January 2022 hearings before Judge Wood (still on the bench; the case was reassigned to Judge Jenkins to create her initial set of cases in February 2023):
https://www.scribd.com/document/669775330/Xped-v-Exhibit-1-2022-01-18-Transcript
https://www.scribd.com/document/669775348/Xped-v-Exhibit-1-2022-01-20-Transcript 

 @e7f76f0d Boies Schiller kind of did this in Foreo Inc. v. Schedule A, 23-cv-23631 (S.D. Fla. filed Sept. 21, 2023). They have two counts, one for utility patents and one for design patents (I've never seen anything pled that way; I normally see one count for each patent, but they list 4 utility patents and 11 design patents in ¶ 1), and the utility patent count includes a § 289 demand.

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