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Ed Chansky, Erica Okerberg; Greenberg Traurig, LLP;
July 16, 2015, previously published on July 16, 2015What does it take to create a binding contract online? This question has vexed courts, consumers, and e-commerce companies since the dawn of the Internet.
|The Procedure for Allocation of Spectrum for DTT (Mux-8) Has Now Started|
Karol Laskowski, Igor Ostrowski; Dentons Canada LLP;
April 14, 2015, previously published on March 18, 2015On 12 March 2015 the President of the Polish Office for Electronic Communications (Polish: UKE) announced a contest for frequency reservations in the 174 - 230 MHz band, dedicated for the eighth multiplex (MUX-8) of Digital Terrestrial TV (DTT). The bidders have until April 29, 2015 to make their...
|Nike Lawsuit Against Former Designers Will Test Company Security Initiative|
Shawn N. Butte; Jackson Lewis P.C.;
March 31, 2015, previously published on December 29, 2014Athletic shoe manufacturer Nike filed suit on December 8, 2014 in Multnomah County Circuit Court in Oregon against three of its former designers alleging that the designers misappropriated Nike’s trade secrets and conspired with Adidas to start a new, competing business venture.
|Supreme Court Rules Juries Should Decide on Trademark Tacking|
Timothy J. Lockhart; Willcox & Savage, P.C.;
March 12, 2015, previously published on Winter 2015Resolving a circuit split, the U.S. Supreme Court has ruled that the issue of whether two trademarks may be “tacked”—a newer mark’s acquiring the priority of an older mark—is a question for juries to decide. Hana Fin., Inc. v. Hana Bank, 135 S.Ct. 907 (2015). Writing...
|Carnegie Mellon University v. Marvell: $1.5 Billion at Stake at the Federal Circuit|
Michael T. Renaud, Peter F. Snell; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 10, 2015, previously published on January 13, 2015Currently on appeal to the United States Court of Appeals for the Federal Circuit is Carnegie Mellon University’s (“CMU”) $1.535 billion judgment for patent infringement against Marvell Technology Group Ltd. and Marvell Semiconductor, Inc. (collectively “Marvell”),...
|Patentability of Software Post-Alice: How Do Courts Determine Whether an Idea is Abstract?|
Sean Casey, Matthew A. Karambelas, Courtney Quish, Michael T. Renaud; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 10, 2015, previously published on January 12, 2015Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l on patentable subject matter, courts have tried to follow the prescribed framework. Under Alice, patent claims are invalid if directed to “abstract ideas” and if the ordered combination of those abstract...
|Game Developers: What’s Your SWOT?|
Chinh H. Pham; Greenberg Traurig, LLP;
February 17, 2015, previously published on December 8, 2014Multiple criteria have been used over the years by companies and investors to identify the commercial viability of Game Developer Creative Processa technology within a given industry. Included among these criteria are timeliness, market demand, and competitive advantage. These and other criteria...
|Court of Appeals for the Federal Circuit Sides With PTAB in Inter Partes Review Appeal|
Daniel N. Yannuzzi; Sheppard, Mullin, Richter & Hampton LLP;
February 13, 2015, previously published on February 5, 2015In a decision imparting more certainty to the Post Grant Review process, the Court of Appeals for the Federal Circuit (the “CAFC”) held that it lacks jurisdiction to review the Patent and Trademark Office’s (the “PTO’s”) decision to institute inter partes review...
|The Internet of Things and Canadian Copyright Law|
Lisa K. Abe-Oldenburg; Bennett Jones LLP;
January 20, 2015, previously published on September 23, 2014Many of you have read about the dispute over copyright ownership of the monkey-selfie, where a primate took a digital photo that went viral and for which the owner of the camera tried to claim ownership. Ultimately the U.S. Copyright Office, in its draft Compendium of the U.S. Copyright Office...
|Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law|
J. Sébastien A. Gittens, Graeme S. Harrison, Martin P.J. Kratz; Bennett Jones LLP;
January 19, 2015, previously published on June 27, 2014Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several registered charities under the Income Tax Act, however, had thought...