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Archive for the ‘First Amendment’ Category

Constitutional Challenge to Gene Patents Survives Motion to Dismiss By Davis Doherty – Edited by Jad Mills Assn. for Molecular Pathology, et al. v. USPTO, et al., Case no. 09-CV-4514 (S.D.N.Y. Nov. 2, 2009) Slip Opinion (hosted by Patent Baristas) The United States District Court for the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ claim that patents on a human gene violate the First Amendment and Article I of the Constitution for jurisdictional issues, lack of standing, ... Read More...
Posted On Nov - 10 - 2009 Comments Off READ FULL POST
Ninth Circuit Adopts National Obscenity Standard in Adult Website Spam Case By Ian B. Brooks – Edited by Alissa Del Riego United States v. Kilbride, No. 07-10528 (9th Cir. Oct. 28, 2009) Opinion The Ninth Circuit has affirmed the District Court for the District of Arizona, which had convicted and sentenced defendants Jeffery Kilbride and James Schaffer of transporting obscene materials for sale. The Ninth Circuit held that a national community standard “must be applied in regulating obscene speech on ... Read More...
Posted On Nov - 2 - 2009 Comments Off READ FULL POST
By Tyler Lacey Gamer Appeals Ban from Sony’s Playstation 3 Network On September 22, 2009, the United States District Court for the Northern District of California dismissed Erik Estavillo’s lawsuit against Sony. Fox40.com reports that Estavillo was banned from Sony’s Playstation 3 Network after allegedly uttering “racial and homophobic slurs to other online gamers.” Estavillo alleged that his freedom of expression was abridged, and likened Sony’s network to a company town. The district court dismissed Estavillo’s First Amendment claims, stating: ... Read More...
Posted On Oct - 31 - 2009 Comments Off READ FULL POST
Back to Drawing Board for Pa. State Legislature in Protecting Trademark Holders By Brittany Blueitt – Edited by Stephanie Weiner Commonwealth of Pennsylvania v. Omar, No. J-162A-B-2008 (Pa. Oct. 5, 2009) Majority Opinion (Baer, J.) Concurring Opinion (Castille, J.) Dissenting Opinion (Eakin, J.) Dissenting Opinion (Greenspan, J.) On October 5, the Supreme Court of Pennsylvania affirmed two consolidated Centre County Court of Common Pleas decisions dismissing criminal trademark counterfeiting charges on the ground that Pennsylvania’s Trademark Counterfeiting Statute, 18 Pa. ... Read More...
Posted On Oct - 16 - 2009 Comments Off READ FULL POST
D.C. Appeals Court Sets New Standard for Unmasking Anonymous Online Speakers By Anthony Kammer – Edited by Evelyn Breithaupt Solers, Inc. v. Doe, No. 07-CV-159 (D.C. Cir. Aug. 13, 2009) Opinion On August 13, 2009, the D.C. Court of Appeals remanded Solers, Inc.’s case against an anonymous speaker and provided the lower court with a new standard for determining when an anonymous speaker’s identity may be revealed. The Volokh Conspiracy notes that although the court limits its decision to defamation ... Read More...
Posted On Aug - 31 - 2009 Comments Off READ FULL POST
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