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ARTICLE · 19 OCTOBER 2009

Intellectual Property - 2009 Fall Bulletin

Fenwick
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A recent ruling in a highly publicized case in the United States District Court for the Central District of California rejected an aggressive legal theory that could have led to broad criminalization of the breach of terms conditioning access to websites and other computerized information.

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  • U.S. v. Lori Drew — The Central District of California Rejects CFAA Criminal Liability for Violation of Website Terms of Use, But Leaves Open the Possibility of CFAA Civil Liability
  • What Did Phillips Really Do to Claim Construction?
  • DePuy Spine v. Medtronic — Ensnarement Defense Is a Question of Law
  • Football Assoc. v. YouTube — Statutory Damages Booted For Unregistered Foreign Works
  • Cablevision Copyright Rulings Finally Final — Buffer Reproductions Are Not Infringing Copies
  • Trademark Office Bona Fide Intent Requirement
  • Breach of Duty of Loyalty May Not Justify a Preliminary Injunction

U.S. v. Lori Drew — The Central District of California Rejects CFAA Criminal Liability for Violation of Website Terms of Use, But Leaves Open the Possibility of CFAA Civil Liability

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