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Archive for the ‘5th Circuit Decisions’ Category

Fifth Circuit Says First Amendment May Protect Domain Names

Gibson v. Texas Dep’t of Ins. – Div. of Workers’ Comp.
By Michael Hoven – Edited by Daniella Adler

The United States Court of Appeals for the Fifth Circuit affirmed in part and reversed in part the Northern District of Texas, which had dismissed John Gibson’s claim that a Texas law barring him from using the words “Texas” and “workers’ compensation” or “workers’ comp.” in his domain name violated the First, Fifth, and Fourteenth Amendments.

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Posted On Dec - 6 - 2012 Comments Off READ FULL POST
Fifth Circuit Reverses Summary Judgment for Plaintiffs’ Breach of Contract Claim By Nathan Lovejoy – Edited by Avis Bohlen The Compliance Source, Inc. v. GreenPoint Mortgage Funding, Inc., __ F.3d __, 2010 WL 4056112, No. 09-10726 (5th Cir. Oct. 18, 2010) Slip Opinion In Compliance Source, Inc. v. GreenPoint Mortgage Funding, Inc., the United States Circuit Court for the Fifth Circuit reversed and remanded the decision of the United States District Court for the Northern District of Texas, which had ... Read More...
Posted On Nov - 2 - 2010 Comments Off READ FULL POST
Fifth Circuit Limits DMCA by Distinguishing Circumvention to Access Software and Circumvention to Violate Copyright By Ian B. Brooks – Edited by Helen He MGE UPS Systems, Inc. v. GE Consumer and Indus. Inc., No. 08-10521 (5th Cir. July 20, 2010) Slip Opinion The Fifth Circuit affirmed the ruling of the District Court for the Northern District of Texas, which dismissed MGE UPS Systems Inc.’s (“MGE”) Digital Millennium Copyright Act (“DMCA”) claim against Power Maintenance International, Inc. (“PMI”) and General ... Read More...
Posted On Aug - 2 - 2010 1 Comment READ FULL POST
By Kassity Liu JD ’12 Edited by Joey Seiler Editorial Policy On October 6, 2009, Eolas Technologies Inc., a research and development company specializing in web solutions, filed a federal lawsuit in the Eastern District of Texas against 23 prominent companies in the software and Internet industry. Eolas claims that these companies are infringing two of its patents, U.S. Patent No. 5,838,906 (’906 Patent) and U.S. Patent No. 7,599,985 (’985 Patent). These two patents cover technology that enables websites to ... Read More...
Posted On Jan - 3 - 2010 Comments Off READ FULL POST
Court extends application of Bilski and invalidates patents By Kate Wevers – Edited by Amanda Rice H&R Block Tax Servs., Inc. v. Jackson Hewitt Tax Service, Inc., No. 6:08-cv-37 (E.D. Tex. Nov. 10, 2009) Slip Opinion (hosted by Patently O) Magistrate Judge Love, sitting in the United States District Court for the Eastern District of Texas, found several of H&R Block’s financial instrument patents invalid, and recommended that Jackson Hewitt’s motion for summary judgment be granted-in-part. The court applied the ... Read More...
Posted On Nov - 23 - 2009 Comments Off READ FULL POST
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