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|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.
|Supreme Court Decides Kirtsaeng v. John Wiley & Sons, Inc.|
Jared B. Briant, Calvin L. Litsey, Aaron D. Van Oort, Leita Walker; Faegre Baker Daniels;
March 20, 2013, previously published on March 19, 2013On March 19, 2013, the Supreme Court decided Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697, holding that copyright law's "first sale" doctrine applies to copies of a copyrighted work lawfully made abroad.
|Losing the Right to Fight? Associations Can’t Pursue Copyright Claims on Behalf of Their Members|
Meredith Ainbinder; Sunstein Kann Murphy & Timbers LLP;
February 21, 2013, previously published on January 2013One of the biggest innovations to hit the publishing world has been Google’s ability to digitize and provide search access to millions of books. A corresponding phenomenon has hit the legal world: copyright disputes concerning Google’s activities in this realm.
|Thin Copyrights - Protected But Not Infringed|
Edwin Komen; Sheppard, Mullin, Richter & Hampton LLP;
January 30, 2013, previously published on January 24, 2013Some appellate decisions are worth examining because they plow new ground. Others serve to explain the ground that was plowed. This decision - dealing with substantial similarity (or lack thereof) between two sets of stick figures - is among the latter.