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|Defining Copyright Infringement|
Martin P.J. Kratz; Bennett Jones LLP;
January 9, 2014, previously published on January 6, 2014The Supreme Court recently addressed the approach to assessment of copyright infringement in the case of Cinar Corporation v Robinson, 2013 SCC 73, and thereby provided some important guidance to courts facing similar difficult determinations.
|Can a Patent Application Violate the Copyright Laws?|
Jessica D. Bradley, Edwin L. Fountain; Jones Day;
December 19, 2013, previously published on December 2013Recent decisions from two federal district courts have rebuffed efforts by publishers of scientific journals to claim copyright violations based on the copying of the publishers' articles for purposes of preparing patent applications submitted to the U.S. Patent & Trademark Office...
|ALJ Lord Grants Motion To Amend Infringement Contentions In Certain Two-Way Global Satellite Communication Devices (337-TA-854)|
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 29, 2013, previously published on November 27, 2013On November 25, 2013, ALJ Dee Lord issued the public version of Order No. 21 (dated November 4, 2013) in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854).
|Court of Appeal Warning to Parties who Fail to Comply with Rules and Order: Expect No Mercy|
Dentons Canada LLP;
November 29, 2013, previously published on November 28, 2013In Mitchell v. News Group Newspapers Ltd  EWCA Civ 1526, the Court of Appeal has given robust guidance on the recent court rule changes affecting parties to civil litigation who fail to comply with rules, practice directions or orders. Sanctions will be applied - and upheld - in all but the...
|One Sponsor’s Failure is Another Sponsor’s Fortune: The Importance of Timely Listing (and Challenging) Orange Book Patents|
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
November 27, 2013, previously published on November 25, 2013“Oddities” are not the sole domain of the world of antiques and other rarities (for those of you who are fans of the television show that focuses on the day-to-day operation of Obscura Antiques & Oddities). Food and drug law - and in particular Hatch-Waxman - has its own oddities. ...
|Pinterest Revises Contest Policy|
Barry M. Benjamin, Lindsay A. Victor; Kilpatrick Townsend & Stockton LLP;
November 5, 2013, previously published on October 31, 2013Following on the heels of Facebook’s recent changes to its promotions’ guidelines, Pinterest has also revised its Acceptable Use Policy last week to include updated contest guidelines. Unlike Facebook’s revised guidelines, which relaxed limitations on Facebook contests,...
|Illinois Appellate Court Extends Reach of IWPCA to Individual Defendant with Limited Illinois Contacts|
McMahon Berger A Professional Corporation;
October 30, 2013, previously published on October 25, 2013In September 2013, the Appellate Court of Illinois for the Second District affirmed a decision finding individual defendant Roy Brown liable for a violation of the Illinois Wage Payment and Collection Act (“IWPCA”) in Elsener v. Brown, 2013 IL App (2d) 120209 (Ill. App. 2nd Dist., Sept....
|The False Claims Act Public Disclosure Bar and the Meaning of “News Media”|
Berger Montague P.C.;
October 1, 2013Under the False Claims Act, 31 U.S.C. 3730(e)(4)(A)(iii), "the court shall dismiss an action or claim . . . unless opposed by the government, if substantially the same allegation or transaction as alleged in the action or claims were publically disclosed from the news media. Because...
|Supreme Court Extends Copyright “First Sale” Doctrine to Cover Goods Manufactured Overseas Exclusively for Foreign Distribution and Sale|
Glenn G. Pudelka, Lawrence R. Robins; Edwards Wildman Palmer LLP;
March 25, 2013, previously published on March 2013In a long-awaited and far-reaching opinion, the United States Supreme Court today overturned the Second Circuit’s holding in Kirtsaeng v. John Wiley & Sons, Inc., holding that the First Sale Doctrine (17 U.S.C. §109(a)) applies to goods manufactured in foreign countries (exclusively...
|Save Dollars: Alternative to Excessive Cost of Newspaper Publication of Annual Notices|
Harter Secrest Emery LLP;
March 21, 2013, previously published on March 2013As is too well known, the costs of publishing legal notices in some papers is high, but there might be a low-cost alternative.