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  • Article

    Ninth Circuit Considers Liability For Takedown Of "Fair Use" Content In "Dancing Baby" Case

    On appeal, the Ninth Circuit is considering whether a fair use analysis is a necessary precursor to submitting a Takedown Notice, or an unnecessary burden to rights holders.
    United StatesIntellectual Property
    Reed Smith
    Reed Smith
  • Article

    Nothing Non-Obvious About Applying Pre-Existing Technology To The Internet

    Addressing the issue of obviousness of patents directed to Internet-based software, the U.S. Court of Appeals for the Federal Circuit reversed a district court's finding of non-obviousness, reasoning that performing previously known methods through an internet web browser is obvious.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Oracle Minimum License Requirements

    For many Oracle products, like Database, the license agreement or ordering documents contain minimum license requirements.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Patent The Internet Of Things, Or Not?

    The Internet of Things (IoT) is the big next step as we continue evolving from the Flintstones' prehistoric lifestyle to the Jetsons' futuristic utopia.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Personal Jurisdiction Found Where Website Harms

    Addressing issues of personal jurisdiction regarding copyright infringement on the internet, the U.S. Court of Appeals for the Eleventh Circuit reversed a lower courts ruling and found that a Tennessee website operator was subject to jurisdiction for copyright infringement of a Florida residents works. Licciardello v. Lovelady, 2008 U.S. App. LEXIS 21376 (11th Cir., Oct. 10, 2008) (Hill, J.).
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Rare Decision on Semiconductor Chip Protection Act

    The U. S. Court of Appeals for the Ninth Circuit upheld a jury verdict of infringement of the Semiconductor Chip Protection Act (SCPA) where the alleged infringer used the plaintiff's bitstream logic to program an application specific integrated circuit chip.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Registration of "foradodge.com" Violates ACPA

    In 1996, defendant Keith Maydak registered the domain name "foradodge.com" along with several other questionable domain names, under the name of the nonexistent entity The Net Inc.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Rest In Peace, Perfect10 v. Google: Epic Soft-Porn Copyright Struggle Finally Dismissed

    The firmament of copyright blog topics just got a little dimmer, and a lot better clothed. Last month, after eleven years, three Ninth Circuit opinions and 1,212 docket entries in the trial court, soft-porn multimedia company Perfect10, Inc. stipulated to the dismissal of its copyright infringement claims against Google (and others) in the Federal District Court for the Central District of California.
    United StatesIntellectual Property
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Reverse Engineering/Internet Gaming Software Held to Breach Shrink-Wrap Contract

    The U.S. Court of Appeals for the Eighth Circuit held that reverse engineering copyrighted software to allow multi-user gaming on an unauthorized server using unauthorized copies of games violated the Digital Millennium Copyright Act (DMCA).
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Same Goods, Same Name…But Not Related

    The U.S. Court of Appeals for Federal Circuit held that the mere fact that both parties’ products are physically identical does not render them related for purposes of determining a likelihood of confusion.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Senator Burns Sends Warning Shot Across ICANN’s Bow

    United StatesIntellectual Property
    Reed Smith Hall Dickler
    Reed Smith Hall Dickler
  • Article

    Study of Domain Name Arbitration System Finds Tilt Toward Trademark Holders

    United StatesIntellectual Property
    Reed Smith Hall Dickler
    Reed Smith Hall Dickler
  • Article

    Summary Judgment is Not Appropriate for Willful Infringement Where Jury Could Find Otherwise

    The U.S. Court of Appeals for the Second Circuit has now held that even though Microsoft Corporation was entitled to summary judgment on its copyright infringement claims against an alleged counterfeiter, Island Software & Computer Services, a decision to grant the software giant $240,000 in statutory damages on grounds that the infringer acted "willfully" was inappropriate.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Supreme Court Clarifies Standard for Granting Injunctions in Patent Cases

    On May 15, the Supreme Court ruled that, in deciding whether to issue permanent injunctions in patent infringement actions, the trial courts should apply the traditional four-prong test for granting injunctive relief. In eBay, Inc. v. MercExchange, the Court, in a unanimous decision, rejected the use of categorical rules and reversed the Federal Circuit's decision for applying the incorrect standard. Justice Clarence Thomas’s opinion states that courts should apply the traditional following
    United StatesIntellectual Property
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Unlimited License Agreements For Oracle Products

    Technology departments are continuously looking for ways to reduce costs related to software.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    USPTO Issues Release: "World Intellectual Property Organization (WIPO) Digital Access Service (DAS)"

    Effective Dec. 1, the WIPO DAS will manage electronic retrievals of priority documents between the USPTO and the KIPO, in accordance with the WIPO DAS agreement established on April 20, 2009.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO Updates Policy On Registration Of Generic Top-Level Domains

    Everyone knows gTLDs such as ".com" and ".net" are not registrable as trademarks, but what about ".nissan"?
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    UStream's Attempt To Invoke DMCA Safe Harbor Protection Denied On MSJ

    The United States District Court for the District of Delaware recently denied defendant UStream's motion for summary judgment against Square Ring.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Executive Order Provides Sanctions Aimed At Fighting Cyberattacks

    On April 1, the president signed Executive Order 13694, which created a new sanctions regime for fighting cyberattacks.
    United StatesInternational Law
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    International Trade Law Alert - Executive Order Provides Sanctions Aimed At Fighting Cyberattacks

    On April 1, the president signed Executive Order 13694, which created a new sanctions regime for fighting cyberattacks.
    United StatesInternational Law
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Showing 961–980 of 7178 results

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