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Archive for the ‘9th Circuit Decisions’ Category

Flash Digest: News in Brief

By Gia Velasquez – Edited by Ken Winterbottom

Federal Court Grants Uber’s Class Action Certification Appeal

Independent Contractor Classification of Uber Drivers May Violate Antitrust Laws

Self-Driving Car Will Be Considered Autonomous Driver

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Posted On Apr - 19 - 2016 Add Comments READ FULL POST

Ninth Circuit Amends Opinion to Broaden Fair Use Protections in DMCA Takedowns

By Sheri Pan – Edited by Henry Thomas

Lenz v. Universal Music, the “dancing baby” copyright case, was decided in 2015. However, in March of 2016, the 9th Circuit issued an amended opinion. The changes removed language – mostly dicta – from the original opinion, seemingly raising the bar for copyright holders. Importantly, language suggesting that rightsholders need not conduct a “searching or intensive” review of potential fair use defenses was removed.

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Posted On Apr - 4 - 2016 Add Comments READ FULL POST

A Victory for Compatibility: the Ninth Circuit Gives Teeth to RAND Terms

By Stacy Ruegilin – Edited by Ken Winterbottom

Microsoft won a victory in the Ninth Circuit last Thursday after the court found that Motorola, a former Google subsidiary, had breached its obligation to offer licenses for standards-essential technologies at reasonable and non-discriminatory rates. The court affirmed a $14.52 million jury verdict against Motorola for the breach.

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Posted On Aug - 7 - 2015 Comments Off READ FULL POST

Amazon.com’s Search Results Generate Triable Consumer Confusion Issue

By Yaping Zhang – Edited by Henry Thomas

Last Monday, the Ninth Circuit Court of Appeals ruled that watch manufacturer Multi Time Machine could continue pressing its trademark challenges against Amazon.com, concluding that a jury could find that Amazon had created a likelihood of consumer confusion under an “initial interest confusion” theory.

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Posted On Jul - 13 - 2015 Comments Off READ FULL POST

Ninth Circuit Rejects Fox’s Request to Shut Down Dish Services, Despite Aereo Decision

By Sheri Pan – Edited by Insue Kim

United States Court of Appeals for the Ninth Circuit affirmed the district court’s denial of Fox’s motion for a preliminary injunction.  Fox argued that the technologies would irreparably harm Fox because they violate copyright laws, but the Ninth Circuit ruled that the district court did not err in finding that the harm alleged by Fox was speculative, noting that Fox had failed to present evidence documenting such harm.

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Posted On Jul - 22 - 2014 Comments Off READ FULL POST
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By Gia Velasquez – Edited by Ken Winterbottom Federal Court Grants ...